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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.

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.

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.

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.

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, — 0 0 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, 0 2 0

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,

0
0

2
1

0
9

[1st Sess.]

PrvOviNCE Laws. — 1742-43.

0
0

6
6

0
0

2
1

0
0

0 0 9

6 0

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, .

0 6
3 0
0 6

0 6 0

0 0 6

0 6
0 6

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, .... 0

Taking special bail, one shilling, 0

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

Acknowledging satisfaction of judgment on record, six-
pence, ......... 0

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

clerk, . . 0

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, 0

clerks' fees.

Every writ and seal, sixpence, 0

Every appearance, threepence, . . . . . . 0

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

Making up record, sixpence, 0

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Every action withdrawn or nonsuit, sixpence, .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

CLERK OF THE SESSIONS' FEES.

Entring a complaint or indictment, one shilling, . . 0
Discharging a recognizance, sixpence, .... 0
Each warrant against criminals, sixpence, .... 0
Every summons or subposna, twopence, .... 0
Every recognizance for the peace or good behaviour, six-
pence,

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

two shillings, — 0

whereof to the clerk, one shilling, 0

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, 0

Bail bond, sixpence, ........ 0

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, 0 0 6

Every precept for the choice of representatives, one shilling,

to be paid out of the county treasuries respectively, 0 10

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

shilling and sixpence, 0 16

5s. M.

1 0

0 6

0 4

0 6

0 6
5 0

1 6

0 6

0 3

0 6

1 0

0 6

0 2

0 0 6

2 0
1 0

[1st Sess.] Peovince Laws. — 1742-43.

CRYER'S FEES.

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

. f 0 Os. M.

.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, 0 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, ....... 0

For travel, each mile out, one penny halfpenny per mile, . 0

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

0 2 6

0 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, . 0 16

PETIT JUROR'S FEES.

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

shilling and threepence, 0 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, 0 0 9

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

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:

0 0 3

0 0 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.

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,

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

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.

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

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

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.

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

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

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!

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

[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

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

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

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

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.

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[3d Sess.]

Peovince Laws. — 1742-43.

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Peovixce Laws. — 1742-43.

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Peovince Laws. — 1742-43.

[Ckap. 31.]

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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.

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,

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

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 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,

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.

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.

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, —

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[Chap. 9.]

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

And be it further enacted,

[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, 0

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, 0 0 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, 0 0 6

£0

Os,

. u

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, 0 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, 0 10

CORONER'S FEES.

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

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

Bail bond, sixpence, 0 0 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, 0 2 0

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, > 0 5 0
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, 0 2 0

[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.

0 0 9

0 1 0

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, . . .

0 6 0

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, 0 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, 0 0 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, ....

. 0

[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,

£0 Os. 3c?.

0 0 9

0 1 6

0
0

9
1

0 0 1^
0 0 6

0 0 2

0 7 6

0 5 0

0 0 6

0 0 3

0 1 0

0 1 6

CEYEB'S FEES.

Calling the jury, threepence, ....
Every default or nonsuit, sixpence, .
Every verdict, sixpence, .....
Every judgment affirmed on a complaint, sixpence.

0 0 3

0 0 6

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

0 2 6
0 3 0

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, — 0 2 0

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, — 0 10

, to every other juror, ninepence, 0 0 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, 0 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, 0 0 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,

1 0

0 9

0 4

[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, 0 5 0
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.

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.

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.*

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-

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.

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.

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.]

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[1st Sess.]

Province Laws. — 1744-45.

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160

Peovince Laws. — 1744-45.

[Chap. 9.]

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[1st Sess.]

PEOvmcE Laws. — 1744-45.

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162

Peovijtce Laws. — 1744-45.

[Chap. 9.]

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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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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 0

1,310 14 7

1,473 3 7

Worcester, ....

190 14 0

1.508 10 9

1,699 4 9

Plymouth

142 9 6

l,9sl 17 6

2,124 7 0

Bristol, ....

215 € 0

2,390 6 3

2,605 12 3

Barnstable,

99 14 0

1,049 5 5

1,148 19 5

York

123 9 0

1,315 2 1

1,438 11 1

Dukes County, .

0 0 0

190 2 1

Nantucket,.

6 15 0

164 15 10

171 10 10

£2,001 Us.8d,

£25,000 Os.Od.

£27,001 14s. 8d.

And be it further enacted,

[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.

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.

[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

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.

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.

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Province Laws.— 1745-46.

[Chap. 1.]

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[1st Sess.] Province Laws.— 1745-46. 233

And be it further enacted,

[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, —

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,

• 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.

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,

[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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[Chap. 1.]

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[1st Sess.] Province Laws. — 1746-47.

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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.

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

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 impowcrcd to take into their hands the said Indians lands, and

allot to the several Indians of the several plantations such parts of the

said lands and meadows as^shall be sufficient for their particular im-

provenient, from time to time, during the continuance of this act ; and

the remainder, if any there be, shall be let out by the guardians of the

Three proper
persons to be
appointed as

tations.

[3d Sess.] Peovince Laws. — 1746-47. 307

said respective plantations to suitable persons for a term not exceeding
the continuance of this act ; and such part of the income thereof as is
necessary shall be applied for the support of such of the proprietors, in
their respective plantations, as may be sick or unable to support them-
selves, and the surplusage thereof, if any there be, shall be distributed
amongst them, according to their respective rights or interest, for pro-
viding necessaries for themselves and families and for the payment of
their just debts, at the discretion of their said guardians ; and that the
respective guardians aforesaid be hereby impowered and enabled, in
their own names and in their capacities as guardians, to bring forward
and maintain any action or actions for any trespass or trespasses that
may be committed on the said Indian land, and that any liberty, or pre-
tended liberty, obtained from any Indian or Indians, for cutting off any
timber, wood, ha}', milking pine-trees, carrying off any o[a]r[e], or
planting of, or improving, said lands, shall not be any bar to said guar-
dians in their said action or actions : provided that nothing in this act Proviso.
shall be understood to bar an}' person or persons from letting creatures
run upon the said Indians' unimprov'd lands that lye common and con-
tiguous to other towns or proprietors.

And it is also further provided,

[Sect. 2.] That nothing in this act shall be understood to bar any Further pro-
Indian or Indians from selling their lands, where there is any former "^''•
patent or court grant for the same.

And he it further enacted,

[Sect. 3.] That no action shall be brought against any of the said No action to he
Indians for any debt hereafter to be by them contracted with any Eng- aiiyTndianfor*'
lish persons, for anv sum exceeding ten shillings, except the same be more than ten
first examined and allowed by the court of general sessions of the peace cept. °^'
for the county where such Indian or Indians live, or the respective guar-
dians of such plantations where such Indian or Indians live, except
specialties, approbated according to the law of this province made in I7i8.i9,ch'ap.9.
the fourth and fifth year of the reign of his majesty King George the
First, intitled " An Act in addition to the act for preventing abuses to
the Indians, made in the twelfth year of King William."

And he it farther enacted,

[Sect. 4.] That the several guardians aforesaid shall keep a fair Guardians to
account of their proceedings in the abovesaid affair, to be by them laid coi?nt? &cf "°"
before the general court from year to year, by said court to be adjusted
and allowed of.

[Sect. 5.] 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 general court, and no longer. \_Passed and
puhlished September 13.

CHAPTER 13.

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 PUBLICK CREDIT IN THE GOVERN-
MENT OF RHODE ISLAND.

Whereas the bills of this and the neighbouring governments are, and Preamble,
have been, the principal medium of trade and commerce in this prov- 1743.44, chap. is.
ince, and some of those governments, more especially that of Rhode
Island, have frequently made extravagant emissions of their bills,

JOS

Province Laws.— 1746-47. [Chap, 13.]

Penalty for pay.
ii)'^ or receiving
bills of Rliodo
Island govern-
ment, issued
since 1742, or
hereafter emit-
ted.

Penalty for
officers passing
or receiving
such Mils.

Penalty to inn-
holders, &c.,for
such offence.

Bonds and
mortgages for
sn eh "bills, to be
Toid.

Witnesses to be
indemnified, *c,

Penalty to mer-
chants and
traders.

which by as frequent experience have been found a great means of de-
preciating all the bills of publicit 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 prov-
ince, and ruinous to many, —

Be it therefore enacted hy the Governour, Council and House of Repre-
sent\_ati\ves,

[Sect. 1.] That no person or persons whosoever shall, within this
province, wittingly and wilfully utter, offer to put off, take or receive
an}' bill or bills of credit of the colony of Rhode Island, emitted since
the 3'ear one thous[a?i]d seven hundred and forty-two, or that shall
hereafter be emitted, in payment of any debt, for purchase of any
goods, or for any valuable consideration whatsoever, on pain of for-
feiting, for each bill so uttered, offered or receiv[e]d, the sum of three
pounds, and of being ever after disabled from bearing any office of
honour or pro[f ]flt under this governm[en]t.

And he it further enacted^

[Sect. 2.] That any person in this governm[ew]t, bearing any office
or offices of profit or honour, that shall be convicted of having wilfully
and wittingly uttered, offered to put off, taken or received any such bill
or bills, in payment 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 office of pro[f]fit or honour within
this province, and shall likewise forfeit for each such bill by him
utter[e]d, ofFer[e]d or receiv[e]d, the sum of ten pounds.

And be it further enacted,

[Sect. 3.] That any in[?i]holder, retailer or common victualer, who,
after the publication of this act, shall wittingly and wilfully utter, offer
to put off, take or receive any such bill or bills, in paym[e>^]t of any
debt, or for purchase of any goods, or for any victuals or liquors bought
or sold, or to be bought or sold, or for any entertainm[en]t given or to be
given, or for any other valuable consideration whatsoever, such in[H]-
holder, retailer or common victualer, beside his being liable to the fine
first before ment[«'ojie]d, shall forfeit his licen[s][c]e, and be disabled
from holding or using any such employm[en]t for the future.

And be it further enacted,

[Sect. 4.] That every mortgage, bill, bond, instrument of insur-
ance, or other instrument in writing whatsoever, that shall hereafter be
executed, for the consideration whereof, in whole or in part, such bills
shall be received or paid, and legal proof hereof be made, such mort-
gage, bill, bond, assurance or instrument in writing, whatsoever, shall be
deemed a fraudulent bargain, and utterly void in law.

And be it further enacted,

[Sect. 5.] That any person that shall receive or pay any such bill
or bills, and shall first inform against and prosecute the other party
concerned with him or her therein, so that he or she be convicted of
receiving or paying such bill or bills, for any valuable consideration
whatever, such prosecutor shall be indemnifyed from the penally in this
act, and shall likewise be intitled to one-half the forfeiture aforesaid.
And be it further enacted,

[Sect. 6.] That every merchant, shopkeeper or trader shall be
answerable for every offence against this act committed either by him
or herself, or any of his or her houshold or family that are under his
or her im[7Ji]ediate care or government, and be obliged to satisfy and
pay the sum of ten pounds for every such offence, unless such merchant,
shopkeeper or trader shall make oath, bond fide, that such offence was
committed without his or her privity, countenance or connivance.

[3d Sess.] Province Laws. — 1746-47. 309

And be it further enacted.,

[Sect. 7.] That any justice of the peace shall have power, and is justices to pro-
hereby ajiithorized, upon information or complaint to him made of any offentoiT'^
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 upon oath as to their knowledge touching the fact or
facts referr[e]d to in such complaint, and upon just ground to bind
over the person or persons complained of or informed against, and to
require sufficient 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 trial 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 dam[w]age by
an}' discovery he might make by his oath, in case he should take it.

And he it further enacted.,

[Sect. 8.] That the courts of general sessions of the peace in the Persons to be
respective counties be, and they hereby are, directed and impowered, at fn^fo°m'against
their next term for sitting, and so from time to time, annually, during the breach of

this act

the continuance of this act, to appoint five meet persons in each town
within their respective counties to inform against and prosecute the
violators 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 an}' 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 that office, he
shall forfeit and pay the sum of five pounds.

And he it further enacted,

[Sect. 9.] That if any justice of the peace, grand juror or other Penalty of osa-
officer shall wilfully and wittingly omit the performance of his duty in theydutv*^'^"^
the execution of this act, such officer shall forfeit and pay the sum of
twenty pounds.

[Sect. 10.] The several forfeitures afore mentioned to be applied. Forfeitures,
the one moiety thereof to the use of the poor of the town where the po^d'of.'^ *^'*".
offence shall be committed, the other moiety to him or them that shall
inform and sue for the same (and in case there be no informer that
shall prosecute such offender, then the whole of the forfeiture shall be
applied to the use first mentioned), and may be recovered by action. How to be
bill, plaint or information, in any of his majesty's courts of record "recovered,
within the same county, or by presentment of the grand jury, who are
hereby strictly 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 Pronso.
shall commence within twelve months from the time of committing the
offence.

And he it further enacted,

[Sect. 12.] That the justices of the respective courts of general TWs^act t^oi^e
sessions of the peace, within this province, shall cause this act to be Euiicf court's,
publickly read at opening their courts, from time to time, and shall give ^^f cha'l-ged!'^^
in charge to the grand jury 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
March, annually, during the continuance of this act.

310

Province Laws. — 1746-47.

[Chap. 14.]

Limitation.

[Sect. 13.] This act to continue and be in force for the space of
three years, and no longer. [Passed and jmbli shed September 13.

CIIAPTEK 14.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TEN
THOUSAND POUNDS FOR THE EXPEDITION AGAINST CANADA, AND
FOR DRAWING IN THE SAID BILLS INTO THE TREASURY AGAIN.

£10.000 in bills
of credit to be
^emitted for tbe
intended expedi-
tion to Canada.

Surplusage to
lie in the treas-
ury.

£5,000 in 1747.

£5,000 in 1748.

Tax for the
money hereby
emitted to be
made according
to the preceding
tax act, in case.

Be it enacted bi/ the Governoiir, 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 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 p/ovision, 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 committee shall be under oath for the
faithful performance of the trust by this act reposed in them ; and the
said sum of ten thousand pounds shall be issued out of the publick
treasury for the necessary service of the intended expedition to Canada,
pursuant to such grants as are or shall be made for that purpose.

And be it further enacted,

[Sect. 2.] That if there be a surplusage in the sum appropriated
as aforesaid, such surplusage shall l[y][^']e in the hands of the treas-
urer for the farther order of this court.

And as a fund and security for drawing the said sum of ten thousand
pounds into the treasury again, —

Be it further enacted,

[Sect. 3.] That there be and hereby is granted unto his most excel-
lent majesty, for the ends and uses aforesaid, a tax of five thousand
pounds, to be lev [3^] [Qed 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, fortj-'Seven, and paid into the publick treasury on
or before the last da}^ of December then next after.

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

Be it further 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 five thousand
pounds, to be lev[y][^!]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 forty-eight, 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
in Ma}', one thousand seven hundred and forty-seven, and one thousand
seven hundred and fort^'-eight, agree and conclude upon an act appor-

[3d Sess.] Pkovince Laws.— 1746-47. 311

tioning the several sums, which by this act is engaged shall be, in each
of those years, apportioned, assessed and lev[y][^■]ed, that then and in
such case each town and district within this province shall pay, by a tax
to be levied on polls, and estates both real and personal, within their dis-
tricts, the same proportion of the said sums as the said towns and
districts shall have been taxed bj' the general court in the tax act then
next preceeding ; and the province treasurer is hereb}^ directed and fully
impowered, some time in the month of June in each of those 3'ears, one
thousand seven hundred and forty-seven, and one thousand seven hun-
dred and forty-eight, to issue and send forth his warrants, directed to
the selectmen or assessors of each town and district within this prov-
ince, requiring them to assess the polls, and estates both real and per-
sonal, 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 that 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,

[Sect. 6.] That the inhabitants of this province shall have liberty. Taxes to bepaid
if they see cause, to pay the several sums for which they respectively species h'erdn
may, in pursuance of this act, be assessed, in bills of credit of the enumerated.
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 alloy,
or in gold coin, proportionably ; or in merchantable hemp, flax, winter
and Isle-of-Sable codfish, refined bar-iron, bloomer3'-iron, hollow iron-
ware, Indian corn, rye, wheat, barle}', pork, beef, duck or canvas,
whalebone, cordage, train-oil, beeswax, bayberry-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 j^ears one thou-
sand seven hundred and forty-seven, and one thousand seven hundred
and forty-eight, 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 aforesaid general assemblies shall not, at their How the com-
respective sessions in May, some time before the twentieth day of June, broughrinto the
agree upon and set the aforesaid species and commodities at some cer- ^'■^■'!''"'"J ''"■^* ^^
tain price, that then the eldest councell[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, 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 col-
lectors 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.

312 Peovince Laws.— 1746-47. [Chap. 14.]

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 d[i][e]f[f]iciency shall be made good by 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 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. IPassed
and published /September 13.

[5th Sess.] Province Laws. — 1745-47. 313

ACTS

Passed at the Session begun and held at Boston,
ON the Sixth day of November, A. D. 1746.

CHAPTER 15.

AN ACT FOE, MAKING THE TOWN OF TAUNTON THE SHIRE OR COUNTY
TOWN OF THE COUNTY OF BRISTOL, INSTEAD OF THE TOWN OF
BRISTOL, AND FOR REMOVING THE BOOKS OF RECORDS, AND PAPERS,
OF THE COUNTY OF BRISTOL, THAT ARE IN THE TOWN OF BRISTOL,
TO THE SAID TOWN OF TAUNTON.

Be it enacted by the Governour, Council and House of Representatives,
[Sect. 1.] That from and after the thirteenth day of November, in Taunton made
the 3"ear of our Lord one thousand seven hundred and forty-sis, the the'shtre'town*^
town of Taunton shall be and hereby is made and established the county in the county of
or shire town of the county of Bristol, instead of the town of Bristol, ^"^*°'-

Courts to bG

and that the superiour court of judicature, court of assize and general hereafter kept
goal delivery, and the court of general sessions of the peace, and inferiour ^* Taunton,
court of common pleas, which by law were heretofore to be held and kept
at the said town of Bristol for the said county, shall forever hereafter be
held and kept at the said town of Taunton, within and for said county,
on such days respectively, from time to time, as are now by law estab-
lished for said county, and for the same respective ends and purposes,
and with the same authority, respectively, as, heretofore, the said courts
were held and kept in the town of Bristol ; and all causes, suits and Actions depend-
actions depending and to have been heard in the several courts in said and\ded at^"^*
town of Bristol, for said count)^, shall be heard and tr[y][i]ed at Taun- Taunton.
ton, by the said courts respectively, on the same days on which they
should have been heard and tried at Bristol before the passing of this act.

[Sect. 2.] And all writs, whether original or of execution, inform- Writs, &c.,
ations, presentments, venires for jurymen, and all other writings and to^Tauntwi".^^'^
instruments that by law were returnable to the several courts or offices
in Bristol, shall be and hereby are made returnable to the same courts
and offices, respectively, in the town of Taunton.

[Sect. 3.] And all the records and papers of the court of general Keeords, &c., to
sessions of the peace, inferiour court of common pleas, court of probate acmnmuteeand
of wills and for granting letters of administration, and of the register of conveyed to

TauDtOD

deeds, now in the said town of Bristol, shall be forthwith delivered to
George Leonard, Esq"^""^., Mr. Thomas Foster and John Shephard, Esq"^'^.,
or the major part of them, who shall cause them immediately to be con-
veyed to the said town of Taunton, and there safely deposited under the
care of the same persons as heretofore, or others, as the said committee
shall judge best, who shall serve in these offices with full power, and
shall give the same obligations and be under the like penalties as they
or others had or were under heretofore, until this court shall further
order, or others shall be duly appointed in their stead.
40

314

Province Laws.— 1746-47. [Chap. 16.]

Sheriff directed
to convey .
prisoners to
Taunton.

[Sect. 4.] And the said committee are also directed to demand
and receive of the treasurer of said count}-, now living in the town of
Bristol, all money, records and papers to said county belonging, which
they are also directed to remove and deposit at Taunton, in the same
manner as is before directed concerning the records and papers to the
said courts belonging ; and the several clerks, treasurer, register, and
all other persons who are possessed of any records, books, papers,
money or other things belonging to said count}' (such person or persons
living now in said town of Bristol), are hereby impowered and required
to deliver them forthwith to the said committee,

[Sect. 5.] And the sheriff of the said county is hereb}^ directed to
cause all prisoners now in his majesty's goal in the count}^ of Bristol, to
be conveyed to said town of Taunton, and there put under safe custody,
in some proper place to be kept for that purpose, 'till said county
shall provide a proper goal in said town of Taunton, or 'till they shall
be delivered by due course of law. [PassecZ November 13 ; puhlislied
November 14.

CHAPTER 16.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY
THOUSAND TWO HUNDRED POUNDS, FOR DISCHARGING THE PUBLICK
DEBTS, &c[A]., AND FOR DRAWING IN THE SAID BILLS INTO THE TREAS-
URY AGAIN.

£22,200 bills of
credit to be
emitted.

£5,000 for wagea
at Castle. Will-
iani and other
garrisons, &c.

£12,000 for put-
ting the prov-
ince into a bet-
ter posture of
defence, &c.

Be it enacted by the Governour, Council and House of JRej^resentatives,
[Sect. 1.] That the treasurer be and hereby is impowered and or-
dered to emit and issue forth the sum of twenty thousand two hundred
pounds in bills of credit of the last tenor and date, now Ij'ing 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 since one
thousand 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 impowered to take care and make effect-
ual 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
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
two hundred pounds shall be issued out of the treasmy in manner and
for the purposes following ; viz'^'^., the sum of five thousand pounds,
pai't of the aforesaid sum of twenty thousand two hundred pounds,
shall be applied for the payment of wages that now are, or hereafter
may be, due by virtue of the establishment of Castle William, Fred-
erick Fort, Richmond Fort, George's Truck-house, Saco Truck-house,
Brunswick Fort, the sloop in the country's service, and the commis-
sary's usual disbursements ; and the sum of twelve thousand pounds,
part of the aforesaid sum of twenty thousand two hundred pounds, shall
be applied for putting the province into a better posture of defence, for
compleating the repairs at Castle William and other forts, for paying
off such officers and soldiers as have done service for the province,
whose wages are now due, and for such officers and soldiers as are or
ma}' 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

[5th Sess.] Peovince Laws.— 1746-47. 315

as are or shall be made by tliis court for those purposes ; and the sum £3,000 for debta
of three thousand pounds, part of the aforesaid sum of twenty thousand no estabiish.^^
two hundred pounds, shall be applied for the discharge of other debts mem.
owing from this province to persons that have served or shall serve them
b3^ 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 expences of the committees of
council, or of the house, or of both houses, the surgeon of Castle Will-
iam, and wooding of the said castle.

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. 2.] That the sum of two hundred pounds, the remaining £200 for enter.
part of the aforesaid sum of twenty thousand two hundred pounds, be tai^ments, &c.
applied to defrey and pay such entertainments and contingent charges,
and for no other use whatsoever.

And be it further enacted,

[Sect. 3.] That if there be a surplusage in any sum appropriated. Surplusage to
such surplusage shall l[y][i]6 in the treasury for the further order of ||e m the treas.
this court.

And be it further enacted,

[Sect. 4.] That each and every warrant for drawing money out of Warrants to
the treasury shall direct the treasurer to take the same out of such sums approm-iaTions,
as are respectively appropriated for the payment of such publick debts
as the drafts are made to discharge ; and the treasurer is hereby
directed and ordered to pay such money out of such appropriation 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 acco[un][wp]ts
of all payments made out of such appropriated sums ; and the secre-
tary, to whom it belongs to keep the muster-rolls and acco[un][«i2)]ts
of charge, shall lay before the house, when they direct, all such muster-
rolls and acco[uni[?jip]ts after payment thereof.

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

Be it further enacted,

[Sect. 5.] That there be and hereby is granted unto his most excel- £5,050 in 1757.
lent majesty, for the ends and uses aforesaid, a tax of five thousand
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 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 in the said sum of
twenty thousand two hundred pounds into the treasury again, —

Be it further enacted,

[Sect. 6.] That there be and hereby is granted unto his most excel- £5,050 in 1758.
lent majesty, for the ends and uses aforesaid, a tax of five thousand
and fifty 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 May, one
thousand seven hundred and fifty-eight, and paid into the publick treas-
ury on or before the last daj'^ of December then next after.

And as a further fund and security for drawing in the said sum of
twent}' thousand two hundred pounds into the treasury again, —

316 Province Laws.— 1746-47. [Chap. 16.]

Be it further enacted^
£5,050 in 1759. [Sect. 7.] That there be and hereby is granted unto his most excel-
lent majest}^, for the ends and uses aforesaid, a tax of five thousand 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 fifty-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 in the said sum of
twenty thousand two hundred pounds into the treasury again, —
Be it further enacted^
£5,050 in 1760. [Sect. 8.] That there be and hereby is granted unto his most excel-
lent majesty, for the ends and uses aforesaid, a tax of five thousand 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 Ma}^ one thousand seven
hundred and sixt}-, and paid into the publick treasury on or before the
last day of December then next after.
And he it further enacted,
Tax foyhc^ [Sect. 9.] That in case the general court shall not at their session

emitted to be in May, ouc thousaud seven hundred and fifty-seven, and one thousand
toThe preceding scveu hundred and fifty-eight, and 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 years apportioned, assessed and lev[y][i]ed, that then and in
such case each town and district within this province shall pay, by a tax
to be lev[y][i]ed 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 im-
powered and directed, some time in the month of June, in the 3'ear one
thousand seven hundred and fifty-seven, and one thousand seven hun-
dred and fifty-eight, and one thousand seven hundred and fift3'-nine, and
one thousand seven hundred and sixty, to issue and send forth his war-
rants, 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 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 direc-
tions as shall have been given in the next preceeding tax act.
And he it further enacted.
Taxes tobepaid [Sect. 10.] That the inhabitants of this province shall have lib-
spedes^hT/eta ©I'ty, if thcj' sce fit, to pay the several sums for which they respect-
enumerated. ively may, in pursuance of this act, be assess [e] [']d, 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
allo}^ 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, rye, wheat, barle}', pork, beef, duck or canvas,
whalebone, cordage, train-oil, beeswax, bayberry-wax, tallow, pease,
sheepswool, or tan[w]'d sole-leather (the aforesaid commodities being
of the produce or manufactures of this province), at such moderate rates
and prices as the general assembl[y][ie]s of the years one thousand

[5th Sess.] Province Laws. — 1746-47. 317

seven hundred and fift3''-seven, and one thousand seven hundred and
fiftj'-eight, and one thousand seven hundred and fifty-nine, and one thou-
sand seven hundred and sixty, 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][ies]
shall not, at their session in Ma}', some time before the twentieth day
of June in each 3'ear, agree upon and set the aforesaid species and
comrjaodities 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 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
set[^]ling the prices and rating the value of those commodities, toHowthecom-
state so much of them, respectively, at seven shillings and sixpence as "rou-^hunto the
an ounce of silver will purchase at that time in the town of Boston, and treasury are to
so pro rata. And the treasurer is hereby 'directed to insert in the sev- ^ '^^^'^ '
eral warrants by him sent to the several collectors of the taxes in each
year, 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. 11.] And the aforesaid commodities so brought into the treas-
ury, 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 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 year next
following, so as fully and effectually to call in the whole sum of twenty ,

thousand two hundred pounds in said bills hereby ordered to be emitted ;
and if there be a surplusage, it shall remain a stock in the treasury.
l^^Passed November 15.

318

Province Laws.— 1746-47. [Chap. 17.]

ACTS

Passed at the Session begun and held at Boston,
ON the Xwenty-fourth day of December, A. D.
1746.

CHAPTER 17.

AN ACT MORE EFFECTUALLY TO PREVENT PROFANE CURSING AND

SWEARING.

Preamble.

PJiifilty for pro-
fane cursing or
swearing.

Forasmuch as the horrible, impious and execrable vices of profane
cursing and swearing, so highly displeasing to Almighty God, and
oflensive to every Christian, are become so frequent and notorious, that
unless speedily and effectually punished, they may justly provoke the
divine vengeance to increase the many calamities this people now labour
under. And whereas the laws now in being for punishing those
crimes have not answered the good intentions for which they were
designed, —

Be it therefore enacted by the Oovernour, Council and House of Repre-
sentatives,

[Sect. 1.] That from and after the twentieth day of February,
instant, if any person or persons that have arrived at discretion, in the
judgment of the justice before whom the conviction may be, shall pro-
fanely curse or swear in the hearing of any justice of the peace, or,
being charged therewith, shall confess such offence, or be otherwise
convicted thereof on the oath of any sheriff, deputy-sheriff, coroner, con-
stable, grand juror or tythingman, where such evidence shall be satis-
factory to the justice that shall take cognizance of the offence, or on the
oatli of any one or more witness or witnesses, where the evidence shall
be satisfactory as aforesaid, every person so offending, shall forfeit and
pay, for the use of the poor of the town where such offence is committed,
a sum not exceeding eight shillings, nor less than four, according to the
aggravations of the offence and the quality and circumstances of the
offender, in the judgment of the justice or court before whom the con-
viction is ; and in case the same person or persons shall, after convic-
tion, offend a second time, such offender or offenders shall forfeit and
pay double, and if a third time, treble the sum forfeited on the first
conviction, and the like sum on ever}: conviction afterwards. And if,
on an}- trial and conviction, proof shall be made that more than one
profane oath or curse were uttered by the same person at the same time,
and in the presence or hearing of the same witness or witnesses, the
person so offending, for every profane oath or curse so uttered, after
the first, shall forfeit and pay a sum not under one shilling, nor exceed-
ing two shillings. And in case any person convicted of profane cursing
or swearing, shall not immediate!}' pay the sum or sums so forfeited,
he shall be committed to the common goal or house of correction, there
to remain not exceeding ten days, nor less than five days.

[6th Sess.] Peo\ts-ce Laws.— 1746-47. 319

Provi.fJ'id o.lKO.ys, —

And it is hereby enacted^

[Sect. 2,] That in case any common soldier in his majesty's ser- ProTi»o.
vice, or any common sailer or seamen belonging to any ship or vessel,
shall be convicted" of profane cursing or swearing as aforesaid, and shall
not immediately pay down the penalty by him forfeited, such common
soldier or seaman, instead of being committed as aforesaid, shall, by the
said justice of the peace, be ordered to be publickly set in the stocks or
cage, for the first offence not exceeding three hours, and for the second .

or any after offence, shall be publickly whipt, not exceeding twenty nor
less than ten stripes. And if any Indian, negro or molatto slave, shall
be convicted of profane swearing and cursing, and the fine is not im-
mediately paid, such slave shall be publickly whipt by order of such
justice, not exceeding twenty stripes, nor less than ten.

And be it further enacted,

[Sect. 3.] That if any person or persons shall profanely swear or sherisr, «:., to
cnrse in the hearing of any sheriff, deputy-sheriff or constable, they and ^'ri'offwSCT*
each of them are hereby authorized and required to apprehend and against thi* act.
secure such offender or offenders, being unknown to them, and to require
suitable aid therein, and him or them forthwith to carry before some
justice of the peace for the same county, that so such offender or offend-
ers may be convicted and punished for the said offence. And in case
any person profanely swearing or cursing in the hearing of any sheriff,
deputy-sheriff, coroner, constable, grand juror or tythingman, shall be
known to an}- or either of them, such sheriff, under-sheriff, coroner, con-
stable, grand juror or tythingman. shall and is hereby required forth-
with to give information thereof to some justice of the peace of the same
county, in order that the offender or offenders may be convicted and
punished for the same in manner and form as in and by this act is
directed.

And be it further e-arxdted.

[Sect. 4.] That every justice of the peace before whom any person
or persons shall be convicted of profane cursing or swearing, shall cause
the conviction to be drawn up in the form following : —

Suffolk S3. Be it BEirEiiEEED, that on the day of , in Form of eoinfe.

the year of his majesty's reign, A. B. was convicted before me, one ****°-

of his majesty's justices of the peace for the county of , of swear-

ing one For more] profane oath [or oaths], or of uttering one [or more] pro-
fane curse or curses [as the case shall be]. Given under my hand and seal
the day and year aforesaid-

— which said form and conviction shall be deemed and taken to be final
to all intents and purposes, saving as herein after is expressed ; and
the said justice before whom such conviction shall be, shall cause the
same to be fairly wrote over, and returned to the thea next court of
general sessions of the peace for the county where the offence is com-
mitted, there to be read in open court, and to be filed by the clerk of
the peace, and remain and be kept amongst the records of said court.

Saving ahcays. —

And it is hereby provirJed and enacted,

[Sect. 5.] That when any person shall be convicted before a justice Saring.
of the peace of profane cursing or swearing, if the defendant shall con-
fess the words alledged to have been uttered, and shall plead specially
that the words spoken do not amount to or import a profane oath or
curse within the meaning and intention of this act, in such case it shall
and may be lawful for such defendant to appeal from the sentence of
the justice before whom he was convicted, tQ the justices of the same

320 . Province Laws.— 1746-47. [Chap. 17.]

county in their then next general sessions of the peace, who shall hear
and finally determine the same, the appellant claiming his appeal at the
time of declaring the said sentence, and recognizing with sureties in a
reasonable sum, not exceeding five pounds, to prosecute his appeal wit-h
effect, and to perform the order of the said court thereon.
And be it further' enacted,
Penalty for jus- [Sect. 6.] That if any justice of the peace, upon due information
their duty.^*^*^"^ ^^^ Complaint made against any person or persons for profane cursing
or swearing, shall wittingly and wilfully omit the performance of his
duty in the execution of this act, he shall forfeit and pay the sum of
five pounds ; one moiety thereof to the informer that shall sue for the
same, and the other moiety to the use of the poor of the town where
he resides, to be recovered by action or information in any of his maj-
esty's courts of record within the respective counties where such offence
is committed ; and no essoin, protection or wager of law shall be al-
lowed, or more than one imparlance.
And be it further enacted,
Penalty for con- [Sect. 7.] That if any constable, grand juror, tythingmau, or other
omittiDg'tiieir ofBcer enjoined by this act to inform against the violaters of it, shall
duty. wittinglj' and willingly omit the performance of his duty in the execu-

tion of this act, and be thereof duly convicted before any justice of the
peace for the county where such offence is committed, he shnll forfeit
and pay the sum of forty shillings, to be levied and recovered b}" dis-
tress and sale of the offender's goods and chattels by virtue of a war-
rant, under the hand and seal of such justice, to be disposed of, one
moiet}' thereof to the informer, the other moiety to the use of the poor
of the town where the offence is committed ; and in case such offender
shall not have sufficient goods and chattels whereon to levy the said
penalty, it shall aijd may be lawful for such justice of the peace to
commit the offender to goal for the space of six days, there to remain
without bail or mainprize.
And be it further enacted,
Penalty for such [Sect. 8.] That if any person being required to give aid to any
i^cuo giTC aid, sheriff, deputy-sheriff or constable, as by this act is provided, shall
&C. neglect or refuse the same, and be thereof convict before axvy justice

of the peace, by the oath of a.r\y such sheriff, deputj^-sheriff or consta-
ble, or other legal witness or witnesses to the satisfaction of such jus-
tice, such person so refusing shall forfeit and pay the sum of forty
shillings ; the one-half to the informer, and the other half to the poor
of the town where the offence is committed ; and every person giving
aid, as before is provided in this act, shall receive the same allowance
therefor as is by law made to witnesses in civil causes.
Provided always, —
And it is hereby enacted,
Proviso. [Sect. 9.} That no person shall be prosecuted or troubled for any

offence against this law, unless the same be proved or prosecuted within
twenty days next after the offence is committed.

And, that no person may plead ignorance of this law, but that it may
be generally known, —
Be it farther enacted,
This act recom. [Sect. 10.1 That immediately after the publication of it from the

niiCiiclcci to uG i_ _i «/ I

read, &c. court-house in Boston, a printed copy of this act shall be transmitted

to every minister within the government, to whom it is herebj^ recom-
mended to read, or cause the same to be publickly read, before their
several congregations immediately on his receiving the same ; and also
on the Lord's Day next succeeding the choice of town officers, yearly
during the continuance of this act.

[6th Sess.] Peovince Laws. — 1746-47. 321

And he it further enacted,

[Sect. 11.] That the justices of the court of assize and general goal This act to be
delivery, and the justices of the peace for the several counties within oifeuinVof
this province at their general sessions, shall cause this act to be pub- ^^^ courts.
lickly read at the opening of their respective courts from time to time.

[Sect. 12.] This act to continue and be in force for the term of Limitation.
three years from the publication thereof, and to the end of the then
next session of the general court, and no longer. [^Passed February
10 ; published February 13, 1746-47.

CHAPTER 18.

AN ACT TO ENABLE THE PROPRIETORS OF PRIVATE WAYS TO REPAIR
THEM IN AN EQUAL MANNER.

Whereas there are many private ways in this province which are sel- Preamble.
dom used but bj'^ the purchasers or proprietors of them, or the owners
of the lands to which such wa3's lead, and are therefore not repaired b}'
the towns in which they respectively lie ; nor have the proprietors or
rightful occupants of such wa3-s any power by the laws of this prov-
ince to compel their being repaired by or among themselves ; to pre-
vent, therefore, the inconveuienc[;']es which do or ma}^ thence arise, —

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

[Sect. 1.] That when and so often as any number of the proprie- Proprietors and
tors and rightful occupants of any private way, where there are more pdvate way!
than four of them, shall judge a proprietors' meeting necessary, three may apply for a
of them applying to a justice of the peace in the county where said way ^^^ '"^' ^'^'
lies, such justice is hereby impowered to grant a warrant for calling the
same, or otherwise one-fourth part of the said proprietors may of them-
selves call such meeting ; in either case to be done by warrant under
the hand of said justice or fourth part respectively, posted up in some
publick place or places in the town or towns where such way is, seven
days before the time appointed for such meeting, signifying the time,
place, and business thereof; and the major part of the proprietors and Major part may
rightful occupants so assembled shall have full power to agree on any futm^em'eeti'ngs^
other way of calling future meetings, to choose a clerk and a surveyor,
who shall be sworn to the faithful discharge of their respective trusts as
town officers are ; and such surveyor shall have the same power with
respect to such ways as the surveyors of highwa3's are bj" 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 by a major vote of those present at such meeting.
And in case of the default of any proprietor or occupant in attending penalty for not
said work b}' himself or other sufficient person in his stead, to be sub- ^"euding.
ject to the same fines and penalties as in case of highways, and be
recovered in the same manner, and applied to the same uses.

[Sect. 2.] This act to continue and be in force for the space of Limitation.
three years from and after the publication thereof, and no longer.
\_Passed February 13 ; published March 2, 1746-47.
41

322

pROviNcaE Laws.— 1746-47. [Chaps. 19, 20.]

CHAPTER 19.

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

Be it enacted by the Governour, Council and House of Representatives^
That the sum of nineteen hundred pounds in bills of credit of the
last emission, be and hereby is granted unto his most excellent majesty,
to be paid out of the publick treasur}' unto his excellenc}" William Shirley,
Esq"^"^^., captain-general and governour-in-chief in and over 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. \_Passed
January 29 ; published March 2, 1746-47.

CHAPTER 20.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGHT
THOUSAND TWO HUNDRED POUNDS, FOR DEFREYING THE CHARGE
OF THE LATE INTENDED EXPEDITION AGAINST CANADA, AND FOR
DISCHARGING THE PUBLICK DEBTS, &cCa]., AND FOR DRAWING IN
THE SAID BILLS INTO THE TREASURY AGAIN.

£8,200 to be
emitted.

£200 for enter,
tainments, &c.

Be it e)iacted by the Governour, Council and House of Representatives,

[Sect. 1.] That the treasurer be and hereby is impowered and
ordered to issue forth the sum of eight thousand two hundred 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
pa^'ments, equal to other new-tenor bills issued 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 impow[e]red to take care and make effectual pro-
vision, as soon as may be, to imprint so many as ma}' 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 [1] performance of the trust by this act
reposed in them. And the said sum of eight thousand two hundred
pounds shall be issued out of the publick treasury for the purposes and
in manner following ; viz^^'^, the sum of five thousand pounds, part of
the aforesaid sum of eight thousand and two hundred pounds, shall be
appl[3-][i]ed for discharging what is due for putting the province into
a better state of defence, for paying off such officers and soldiers as
are or ma}' be in the province service, according to the several estab-
lishments for that purpose, for purchasing 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 three thousand pounds, part of the aforesaid sum of eight
thousand two hundred pounds, shall be appl[y][i]ed for defreying the
charge of the late intended expedition against Canada.

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. 2.] That the sum of two hundred pounds, the remaining
part of the aforesaid sum of eight thousand two hundred pounds, shall

[6th Sess.] Province Laws.— 174G-47. 323

be appl[3-][?']ed to defrey and pay such entertainments and contingent
charges, and for no other use whatsoever.

And be it further enacted,

[Sect. 3.] That if there be a surplusage in any sum appropriated, surplusage to
such surphisage shall l[y][Qe in the hands of the treasurer for the jj^iQ ti^e treas-
further order of this court.

Ayid be it further enacted,

[Sect. 4.] That each and every warrant for drawing money out of Wanants to
the treasury, shall direct the treasurer to take the same out of such appropriluons.
sums as are respectively appropriated for the payment of such publick
debts as the drafts are made to discharge ; and the treasurer is hereby
directed and ordered to pay such money out of such appropriation 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 they direct, all such muster-rolls and
accompts after payment thereof.

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

Be it enacted,

[Sect. 5.] That there be and hereby is granted unto his most excel- £8,200 in 1747.
lent majesty, for the ends and uses aforesaid, a tax of eight thousand
two 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 this court at their session in May, one
thousand seven hundred and forty-seven, 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 forty-seven, agree and con- emmcd to^^b/
elude upon an act apportioning the sum which by this act is engaged ™''t'Jf/]f,f°ce!i"|
shall be in that year apportioned, assessed and levied, that then and in tax act, in ca^e.
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 sum 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 im-
powered and directed, some time in the month of June, in the year one
thousand seven hundred and fortj'-seven, 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 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.

Aiid be it further enacted,

[Sect. 7.] That the inhabitants of this province shall have liberty, 'P^^'f^^ l°^^\f^^^
if they see fit[t], to pay the several sums for which they respectively species herein
may, in pursuance of tliis act, be assessed, in bills of credit of the form enumerated.
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 coin, proportiouablv ; or in merchantable hemp, flax, winter and
Isle-of-Sable codfish, refined bar-iron, bloomery-iron, hollow iron-ware.

324 Province Laws.— 1746-47. [Chap. 21.]

Indian corn, rye, wheat, barle}^ [pork], beef, [pork'], duck or canvas,
whalebone, cordage, train-oil, beeswax, baj^berry-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 general assembly of the year one thousand seven
hundred and fort3'-seven, shall set[t] them at ; the several persons pay-
ing their taxes in any of the commodities before mentioned, 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 session in May, some time before the twentieth day of June, in
said 3'ear, agree upon and 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 an}- one of
the council is an inhabitant, together with the province treasurer, or the
major part of them, be a committee, who are hearby directed and fully
nowtiiecom. authorized and impowcrcd to do It ; and in their set[i]ling the prices
moiiities ^^^ ratins; the value of those commodities, to state so much of them,

bi-ouebt into the . '^ , , .„. -, . « -i •ii

treasury are to rcspcctivcl}', at scvcu Shillings and sixpcucc as an ounce of silver will
berated. 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 several collectors of [f/ie] taxes in said year, with the names
of the afore-recited commodities, the several rates or prices which shall
be set on them, either b}^ the general assembly or the committee afore-
said, and direct the aforesaid collectors to receive them so.

[Sect. 8.] And the aforesaid commodities so brought into the
treasury, shall, as soon as may be, be disposed of by the treasur[er][?/]
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 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 rata for a greater or less sum ; and if any
loss shall happen by the sale of the aforesaid species, or by any unfore-
seen accident, such deficiency shall be made good by a tax of the year
next following, so as fully and effectually to call in the whole sum of
eight thousand two hundred pounds in said bills hereby ordered to be
issued ; and if there be a surplusage, it shall remain a stock in the
treasur}'. [PassecZ January 29 ; puUislied March 2, 1746-47.

CHAPTER 21.

AN ACT TO REVIVE AND AMEND AN ACT MADE IN THE EIGHTEENTH
YEAR OF HIS PRESENT MAJESTY'S REIGN, INTITLED " AN ACT FOR
LEVYING SOLDIERS."

Preamble. Whereas an act made in the eighteenth j^ear of his present majesty's

1744-45, chap. 2. relgu. entitled " An Act for levying soldiers," which was to continue in
force from the publication thereof to the end of the session of the gen-
eral court in May, 1746, is near expiring, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,
All matters ami [Sect. 1.] That the Said act, and all the matters and things therein
formeV"aw''for Contained, shall be and are [herein and] hereby enacted, declared and
lovyin? goidicrs appointed to bc and continue in full force, power and virtue until [1] the
revived, saving, g^,^^ ^^^^ ^^ June, which will be in the year of our Lord one thousand
seven hundred and forty-eight, and from thence to the end of the ses-

[6tii Sess.] Provixce Laws. — 1746-47. 3-25

sion of the general court then next after : provided the vrar with the
French king, his allies and vassals, shall continue so long ; save in
such particulars as by this present act is or are hereinafter altered or
amended.

And ivJiereas in and bj' a clause in the afores[««]d act, it is enacted Clause in the
and declared, " That ever}- person liable and fit for service, being orderly recued and
impressed as aforesaid for liis majesty's service, by being commanded, enacted.
in his majest3-'s name, to attend said service, shall, by himself or other i'w-45,chap.2,
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 suffering six: months' imprisonment without bail or mainprize,
or * be committed by mittimus from an}- 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 majest3''s justices of the peace,
of such neglect, unless such person, within the space of twenty-four
hours next after being impressed, shall either procure some meet person,
or, in default thereof, pa}- to his captain or chief officer, by whose war-
rant 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 timelj- 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 person [sj as are unable to purchase
the same for themselves, and for which such indigent soldiers shall be
answerable," —

Be it enacted and declared^

[Sect. 2.] That the aforesaid clause be and hereby is so far altered
and amended, as that the said penalty of imprisonment shall be for the
term of twelve months ; and all sums that shall be paid, b}' any person
impressed, to the chief officer of any companies, and which shall not
be employed for procuring and fitting out a suitable person in the stead
of him so pa3ing, shall, b}- such officer, be paid into the town treasury
sometime before the annual meeting of such town in March in each and
every year, for the use of such town ; and such officer shall give in to
the treasurer of said town an attested account of the sums by him
received and paid ; and upon such officer's neglecting to render such
account and pay such sum as shall be due, the said town treasurer is
hereby impowered to demand and sue therefor accordingly ; anything in;
the said recited act to the contrar}^ notwithstanding.

And ivJiereas in and by another clause in the aforesaid act it is pro- Clause in the
vided, " That all persons lawfulh' impowered to impress, may pursue recited and
any person that absconds from the impress, or makes his escape, and enacted.
may impress such person in any place within the province ; and if an}' nu-io, chap. 2,
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 ser-
vice as required, such j)erson, at his return, shall be apprehended by
warrant from any justice of the peace,t 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," —

Be it enacted,

[Sect. 3.] That during the continuance of this act, the said penalty
of imprisonment shall be for and during the term of twelve months, and
the said fine shall be twenty pounds ; anything in the said recited clause
to the contrary notwithstanding.

* " to," in the former act, omitted here.

t " and be by him committed to prison imless such person give suflacient security to answer
it at the next court of general sessions of the peace " omitted here.

326

Province Laws. — 1746-47. [Chap. 22.^

Clause in the
former act
recited and
enacted.

1744-45, chap.
§13.

And tvhereas in and by another clause in said act it is provided and
declared, " That eveiy person who hath or shall impress any soldiers
for his majesty's service, shall transmit a list of them to the chief offi-
cer of the regiment or troop[s], particularly 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," —

Be it f\irther enacted,

[Sect. 4.] That in any and every such list there shall likewise be
particularly mentioned all such as are sons under age, that so their
parents may receive such wages as may be due for their service.
\_Passed February 13 ; j^ublished March 2, 1746-47.*

CHAPTER 22.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS OF THIS
PROVINCE EXPIRED OR NEAR EXPIRING.

Preamble.^
1736-37, chap. 4.

1740-41, chap. 15.

1743-44, chap. 16.
1744-45, chap. 27.

1742-43,chap. 28.

1742-43, chap. 11.

1743-44, chap. 14.

1743-44. chap. 21.

The foregoing
laws revived
enacted.

Whereas an act was made and pass'd in the ninth and tenth year of his
present majesty's reign, intitled " An Act to enable the overseers of the
poor, and selectmen, to take care of idle and disorderly persons " ; and
another act was made and pass'd in the fourteenth j'ear of his said
majesty's reign, intitled "An Act to prevent dam[m]age being done to
the harbour of Cape Cod by cattle and horse-kind feeding on Province-
town lands " ; in addition whereto, and for rendring the said act more
effectual, there were two other acts pass'd, one in the seventeenth and
the other in the eighteenth year of his said majesty's reign ; and an-
other act was made and pass'd in the sixteenth year of his said majes-
ty's reign, intitled " An Act in further addition to and explanation of
an act for regulating townships, choice of town officers, &c." ; and an-
other act was made and passed in the same j-ear, intitled " An Act to
prevent dam[m]age being done to Billingsgate Bay, in the town of
Eastham, by cattle, horse-kind, and sheep feeding on the beach and
islands adjoining thereto " ; and another act was made and pass'd in
the seventeenth year of his said majesty's reign, intitled "An Act to
prevent the destruction of white-pine trees within this province, and to
encourage the preservation of the same for the use of the royal nav^- " ;
and another act was made and pass'd in the same year, intitled "An
Act to regulate the expence of private bridges " : which laws are ex-
pired or near expiring ; and tohereas the aforesaid laws have by expe-
rience 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 Repre-
sentatives,

That all and every of the aforesaid acts, and ever}^ matter and clause
therein contained, be, and hereby are, revived, and shall continue and
remain in force until[l] the last day of January, whi[ll][c/i] will be in
the year of our Lord one thousand seven hundred and fiftj^-six, and to
the end of the session of the general court then next after. \_Passed
February 5 ; xmblished 3Iarch 2, 1746-47.

* The bill was passed to be enacted, by both branches, September 5, but was signed by
the Governor as above, and was printed with the acts of this session.

[6th Sess.] Province Laws. — 1746-47. 327

CHAPTER 23.

AN ACT FOR REVIVING AND CONTINUING A LAW OF THIS PROVINCE,
INTITLED " AN ACT FOR PUNISHING OF OFFICERS OR SOLDIERS WHO
SHALL MUTINY OR DESERT HIS MAJESTY'S SERVICE."

Whereas an act was made and pass'd in the eighteenth year of his preamble
present majesty's reign, intitled "An Act for punishing of officers or 1744^5, chap. ii.
soldiers who shall mutin}- or desert his majesty's service," which law
hath been found beneficial, and is judged necessary, but is now ex-
pired,—

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

That the said act, and every matter and clause therein contained, be Act against
and hereby is revived, and shall continue and remain in full force for mutiny and
the space of three years from the publication hereof, in case the war reviveci°aud
with France continue so long, or otherwise to the end of the said war, ^^^^^ted.
and no longer. \_Passed February 10 ; published March 2, 1746-47.

328 Province Laws.— 1746-47.. [Chap. 24.]

ACTS

Passed at the Session begun and held at Boston,
ON the Sixteenth day of April, A. D. 1747.

officers.

CHAPTER 24.

AN ACT FOR ESTABLISHING AND REGULATING FEES WITHIN THIS

PROVINCE.

Preamble. Whereas some services of a publick nature have no fees stated by

i7oi"2^'ciiff^''r' ^^^' ^^^ others, which have been established by two acts, made in the
1744-4^, chap. 13. fourth and thirteenth years of King William the Third, by reason of
1/40-46, chap. 10. |.jjg alteration of circumstances are become unequal, —

Be it therefore enacted by the Governour, Council and House of
Representatives^
Rates of fees for [Sect. 1.] That from and after the publication of this act, the fol-
lowing 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 prov-
ince bills of the last form and tenor, 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, threepence.

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 twentj^-eight lines, eight words in a line : if less

th[a] [e]n a page, threepence.
Each recognizance, one shilling.
Confessing judgment, sixpence.
Taking affidavits out of their own courts in order to the trial of any

done at one and the same time, one shilling.
A warrant, sixpence.
Each day's attendance at the session, 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.

[8th Sess.] Province Laws. — 1746-47.

For witnesses in civil causes, one shilling and sixpence per day, and

ten miles' travel to be accounted one 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 shil-
lings and eightpence ; if more than one at the same time, tea
shillings in the whole ; if no estate, then, to be paid by the
county treasurer, three shillings and fourpence, — and for more
th[a][e]n one, five shillings.

For travelling and expences for taking an inquisition, each daj'-, six
shillings.

The foreman of the jury, three shillings ; and, ten miles accounted a
day's trav[i][e]l, one shilling per day ; —
every other juror, two shillings and sixpence, and trav[i][e]l the same
as [J:he\ foreman.

JUDGE OF PROBATE AND REGISTER'S FEES.

For granting administration or guardianship, bonds, and letters of
administration and 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[e] minors to the same person
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, inventory or
account, of one page, and filing the same, one shilling and three-
pence,
for every page more, of twentj'-eight lines, of eight words in a line,
ninepence.

For copy of a will or inventory, the same for each page, as before.

Allowing accounts, two shillings and sixpence ; decre[e] for set[^]ling
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 appri[s][;2]ing 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, to the register,
one shilling : for recording the same, one shilling and six-
pence.

Registring the commissioner's report, each page, ninepence, as above.

Making out and entring an order upon the administrators for the dis-
tribution of the estate, one shilling.
42

330 Province Laws.— 1746-47. [Chap. 24.]

For proportioning such estate among the creditors, agre[e]able to the
commissioner's return, when the estate exceeds not fifty pounds ;
to the register, two shillings, and, above that sum, three shil-
lings.

For recording the same, ninepence per page, as before.

IN THE SUPERIOUR COURT.

justice's fees.

Entring an action, five shillings.

Taking a 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 liberty 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 rule of court, sixpence.
Filing a declaration, sixpence.
Entring an 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, 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.
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, sixpence.
Examining each bill of cost, sixpence.
Continuing each 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, respectively, by
order from any three of the justices of said court, threepence.

IN THE mFERIO[U]R 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 allowed in the bill of cost taxed, five shillings.
Taking recognizance on appeals, sixpence.
Each recognizance in granting licences, one shilling.
Proving each deed, two shillings.
Granting every licence for publick entertainment, one shilling.

[8th Sess.] Province Laws.— 1746-47. 331

clerk's fees.

Every action entred, one shilling.

Every writ and seal, sixpence.

Every appearance, sixpence.

Entring and recording a verdict, sixpence.

Recording a judgment, one shilling.

Copies of all records, each page, as before, ninepence.

Every action withdrawn 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 /ia6e[u][a]s corpus^ two shillings. ♦

Continuing each cause, and entry at the next court, sixpence.

Entring 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 possessionem, two shillings.

Filing each paper, one penny.

CLERKS OF THE SESSIONS' FEES.

Entring a complaint or indictment, one shilling.

Discharging a recognizance, sixpence.

Each warrant against criminals, sixpence.

Each summons or subpoena, threepence.

Every recognizance for the peace or good behaviour, one shilling.

Granting every licence for publick entertainment or retailing, one shil-
ling.

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 min[i]uting the receipt of each petition, and order thereon, and
recording, ninepence per page, as before.

Examining and casting the grand jur[or][?/]'s account, yearly, and or-
der thereon, to be paid by the county treasurer by order of the
court of sessions, one shilling and sixpence.

For cop[y][?e]s of all original papers or records, ninepence per page,
as before.

For filing each paper, one penny.

SHERIFF'S OB CONSTABLE'S FEES.

For serving an original summons, one shilling.

Every capeas or attachment in civil, or warrants in 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 orginal sum-
mons) , 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] [o/] twenty pounds thereof, and
sixpence per pound for the remaining ; for all others, not exceed-
ing one hundred pounds, for fort}^ pounds thereof, as for an exe-
cution not exceeding forty pounds, and for the remaining part,
fourpence per pound ; and all others, above one hundred pounds,

B32 PkovixXce Laws.— 1746^47. [Chap. 24.]

for one hundred pounds thereof, as for an execution not exceed-
ing 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[l] for which to be
accounted from the place from whence the writ issues.

For serving an execution upon a judgment of court for partition of real
estate, to the sheriff, seven shillings and sixpence per day ; and
for travel and expences, fourpence halfpenny per mile out from
the place of his abode ; and to each juror, three shillings and
ninepence per day ; and for travel [1] and expences, fourpence
halfpenn}' per mile.
* For giving livery and seizin of real estates, seven shillings and sixpence ;
travel as before : or if different parcels of land, five shillings
each.

Every trial, sixpence.

Every default, threepence.

A ba[i]l[e] bond, sixpence.

Every precept for the choice of representatives, one shilling ; to be paid
out of the county treasuj'ies, respectively.

To the officer attending the grand jury, each da}^, one shilling and six-
pence.

CBYEB'S FEES.

Calling the jury, threepence.

A nonsuit or default, sixpence.

A verdict, sixpence.

A judgment affirmed on a complaint, sixpence.

GOALEE'S FEES.

For turning the key on each person committed, two shillings and six-
pence ; viz^'^., one shilling and threepence in, and one shilling
and threepence out.

For dieting each person, three shillings and ninepence per week.

MESSEITGEB OF THE HOUSE OF REPRESENTATIVES' FEES.

For serving every warrant from the house of representatives, which they

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 and sixpence.
Each other juror, two shillings.

PETIT JUROR'S FEES.

To the foreman, in every case at the superiour court, one shilling and
ninepence ; for ever}^ other juror, one shilling and sixpence.

To the foreman, in every case at the inferiour court or sessions, one
shilling and threepence ; to every other juror, one shilling.

[Sth Sess.] Province Laavs. — 1746-47. 333

fob marriages.

For each marriage, to the minister or justice oflSciating, two shillings

and sixpence.
For recording it ; to the town clerk, to be paid bj'' the justice or minister,

sixpence ; and to the clerk of the session [s], to be paid by the

town clerk, threepence.
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 every certificate of the birth or death of any person, threepence.
For every search of record, when no copy is required, threepence.

COUNTY REGISTER'S FEES.

For entring or recording axiy deed, conveyance or mortgage, for the first
page, ninepence ; and sixpence per 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 propor-
tionably for so much more as shall be under a page ; and three-
pence 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 shil-
lings ; to the secretar}', two shillings and sixpence.

For warrants of appri[s][2;]ement[s], survey, &c. : to the governour,
three shillings ; to the secretarj^ three shillings.

To the governour, for a pass to the castle, for each vessel[l], one shilling
and threepence: wood-sloops and other coasting vessel [l]s, for
which passes have not been usually required, excepted.

For a certificate of naval stores, in the whole, five shillings.

Be it further enacted,

[Sect. 2.] That if any of the officers aforesaid shall demand and Penalty for tak-
take any greater or other fees for the matters before mentioned, or any j.n|^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 offence the
sum of ten pounds, to be appl[y][i]ed, 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 by action, bill, plaint
or information, in any court of record proper to try the same. And all
oflficers to whom any warrant, summons, capias or attachment shall be
committed, and who shall receive fees for the service thereof, are hereby
required, without unnecessary delay, to serve and execute the same, on
forfeiture of ten pounds, to be recovered and applied as aforesaid, be-
sides making good such dam [7?i] ages as the party may sustain by such
dela}^ : prai'/decZ, in civil causes, the fees for trav[i][e]l and service be
first tend[e]red and paid if required by such officers.

[Sect. 3.] This act to continue and be in force one year from the Limitation,
publication thereof, and no longer. [Passed April 25 ; published April
27, 1747. -

334

Province Laavs. — 1746-47. [Chap. 25.]

CHAPTER 25.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY
THOUSAND POUNDS, IN BILLS OF CREDIT, FOR DISCHARGING THE PUB-
LICK DEBTS, AND FOR DRAWING THE SAID BILLS INTO THE TREASURY
AGAIN.

£20,000 bills
of credit, to be
emitted.

Surplusage to
lit' in the treas-
ury.

Warrants to
express the
appropriations.

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

[Sect. 1.] That the treasurer be and hereby is impowered and
ordered to 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
in for taxes, impost and excise, which shall pass in all publick and
private paj'ments equal to other new-tenor bills issued since one thou-
sand seven hundred and forty ; or, if there be not a sufficiency of such
bills, that then the committee appointed b}^ this court for signing
bills, are herebj' directed and impow[e]red to take care and make
effectual provision, as soon as may be, to imprint so many as ma}' 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 twenty thousand pounds
shall be issued out of the pulilick treasury for the purposes and in
manner following; vizi^'^, the sum of twelve thousand pounds, part of
the aforesaid sum of twenty thousand pounds, shall be applied for dis-
charging such debts as are or may be due for putting the province into
a better posture of defence, compleating the repairs at Castle William
and other fortifications, and for paying the officers and soldiers em-
ploy [e]'d for the defence of the province, pursuant to such grants as
are or shall be made b}^ this court ; and the sum of one thousand pounds,
part of the aforesaid sum of twenty thousand pounds, shall be ap-
pl3'[e]'d for the discharge of debts owing from this province to persons
that 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 for such services ; and the sum of three thousand pounds,
part of the aforesaid sum of twentj^ thousand pounds, shall be applied
for defr[e][a]ying the charge of the late intended expedition against
Canada ; and the sum of three thousand five hundred pounds, part of
the aforesaid sum of twenty thousand pounds, shall be applied for the
payment of grants made or to be made by this court, and any other
matters and things wrhich this court have or shall b}^ law or order pro-
vide for the payment of out of the publick treasury, and for no other
service whatsoever ; and the sum of five hundred pounds, the remain-
der of the said sum of twenty thousand pounds, shall be applied for
the payment of the members of the house of representatives, during
the present j^ear. .

And be it farther enacted,

[Sect. 2.] That if there be a surplusage in any sum appropriated,
such surplusage shall l[y][«^]e 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 the payment of such publick
debts as the drafts 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 pay, and to keep exact and distinct accompts of

[8th Sess.] Province Laws. — 1746-47. 335

all paj-^ments 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 twenty
thousand pounds into the treasury again, —

Be it enacted^

[Sect. 4.] That there be and hereby is granted unto his most excel- £9,750 in 1747.
lent majesty for the ends and uses aforesaid, a tax of nine 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 forty-seven, and paid into the publick
treasury on or before the last day of December then next after.

And as a farther fund and security for drawing the said sum of
twent}^ thousand pounds into the treasury again, —

Be it enacted^

[Sect. 5.] That there be and hereby is granted unto his most excel- £9,750 in 1748.
lent majest}', for the ends and uses aforesaid, a tax of nine 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 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-eight, 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^

[Sect. 6.] That there be and hereb}' is granted unto his most excel- Tax for the sum
lent majest}', a tax of such sum or sums as shall be paid to the several sentauves?^'''
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 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 ac-
cording 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
respective districts shall pay in the same when they pa}" 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 he it farther enacted^

[Sect. 7.] That in case the general court shall not, at their session Tax for the
in May, one thousand seven hundred and forty-seven, and one thousand ^mJal'trbf
seven hundred and fortv-eight, agree and conclude ni5on an act aiijoor- mado according

»• •/>_''C7 X. 1.1. fQ tuG DrSCGCllIlfif

tionmg the sum which, by this act, is engaged shall be in those years tax act, in case,
apportioned, assessed, and levied, that then and in such case each town
and district within this province shall pa}', b}' a tax to be levied on polls,
and estates both real and personal, within their districts, the same pro-
portion 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 impowered and directed, some time in
the month of June, in the j-ears one thousand seven hundred and forty-
seven, and one thousand seven hundred and forty-eight, to issue and
send forth his warrant, directed to the selectmen or assessors of each
town and district within this province, requiring them to assess the

336 Province Laws.— 1746-47. [Chap. 25.]

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 b^'' this act ; and the assessors, as
also persons assessed, shall observe, be governed b,y, and subject to all
such rules and directions as shall have been given in the next preceed-
ing tax act.

And be it further enacted,
p^kUn°he%ov- [Sect. 8.] That the inhabitants of this province shall have liberty,
era! wccies if they see fit, to pay the several suras for which they respectively
ated!" ®""'^^^- 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, tro}- weight, and of sterling alloy, or
in gold coin, proportionabh' ; or in merchantable hemp, flax, winter and
Isle-of-Sable codfish, refined bar-iron, bloomery-iron, hollow iron-ware,
Indian corn, r^'e, wheat, barle}', pork, beef, duck or canvis, whalebone,
cordage, train-oil, beeswax, bayberr^'-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 general assembirie][?/]s of the years one thousand seven hundred
and forty-seven, and one thousand seven hundred and forty-eight shall
set them at ; the several persons paying their taxes in any of the
commodities before mentioned, to run the risque and pa}^ the charge of
How the com- transporting the said commodities to the province treasury ; but if the
broughUnto the afoi'esaid general assembl[ies][?/] shall not, at their sessions in May,
treasury are to gome time before the twentieth day of Juue, in each j'ear, agree upon
and set[t] 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 councellors is an in-
habitant, together with the province treasurer, or the major part of
them, be a committee, who hereby are directed and full}- authorized and
impowered to do it ; and in their set[^]ling the prices and rating the
value of those commodities, to state so much of them, respective]}', 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 j^ear, with the names of the
afore-recited commodities, and 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. 9.] And the aforesaid commodities, so brought into the treas-
ury, shall, as soon as may be, be disposed of b}' the treasurer to the
best advantage for so much as thej^ 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 proportion, for seven shillings and
sixpence, and so p7'o rata for a greater or less sum ; and if au}^ loss
shall happen by the sale of the aforesaid species, or by any unforeseen
accident, such d[if][e][icienc3' 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
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.
[Passed April 7* ; published April 27, 1747.

• This date is according to the record, but the date of signing, according to the engross-
ment, is April 8.

[8th Sess.] Province Laws. — 1746-47. 337

CHAPTER 26.

AN ACT FOR THE BETTER REGULATING SWINE.

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

[Sect. 1.] That from and after the publication of this act, no swine Swinenottogo
shall be suffered to go at large, or be out of the inclosure of the owner peiaWy! °^
thereof, under the penalty of one shilling for each swine, for the first 1736.37, chap. 22.
offence, and two shillings for each offence after the first, together with
costs of prosecution, to be forfeited and paid by the owner of such
swine found going at large, as aforesaid ; which fine or forfeiture,
together with the charge of prosecution, may be recovered by the proper
hogreeves or any other person, by bill, plaint or information, before
any one of his majesty's justices of the peace in such county where such
forfeiture shall arise, or by impounding such swine, and proceeding
with them as the law hath directed in case of impounding.

And whereas it may so happen that the owner of such swine as go
at large may not be known, —

[Sect. 2.] In such case the party that finds any swine going at Swinetobeim-
large shall have power to impound them ; and if no owner appear eoXf/nVlmner
within fort3^-eight hours, or appearing, do neglect or refuse to pay the appear.
forfeiture, together with the charges, that then the party impounding
them shall cause them to be cried or posted up in the town where they
are impounded, and in the [two] towns next adjoining ; and shall like-
wise cause the marks of the swine to be entred with the town clerk,
and shall rel[ei][ie]ve such swine with necessary food during the time
they are in pound ; and if no owner appear, and pay the said penalty
and charges, within ten daj's after such impounding, then such swine
shall be sold at an outcry to the highest bidder, by two suitable persons,
to be appointed and sworn to the faithful discharge of their trust by
the next justice of the peace, or town clerk where no justice dwells ;
which sellers shall give publick notice of the time and place of such
sale twent3'-four hours before hand ; and out of the proceeds of such
sale shall pay unto the party the said forfeiture and costs, as by bill
allowed b}^ said justice or town clerk, and the surplusage thereof he
shall deliver to the treasurer of such town, to be kept for the unknown
owner ; and if no owner do appear within the space of one year, then
the town treasurer shall deliver the one half of the surplusage to the
prosecutor, and the other half to the overseers of the poor, for the use
of the poor of such town : provided, nevertheless, that it shall be in the Proviso,
power of any town, in a town meeting for that purpose appointed, from
time to time, by a vote, to give, liberty for swine going at large within
the bounds of such town ; and in such case it shall be lawful for
any and every person or persons to suffer his or their swine to go at
large, anj'thing in this act contained to the contrary notwithstanding :
provided, always, that ever}" person suffering his swine to go at large Swine going at
by virtue of such town vote, shall, before he suffer his swine to go at yo1ed° ^^
large, as afores[ai]d, cause each of them to be well and sufficiently
ringed in the nose and yoked, and constantly kept so ringed and yoked ;
otherwise he shall be liable to, and shall pay, the forfeiture and cost, as
is by this act before mentioned and provided ; saving, that they may
go unyoked from the last day of October to the first day of April.

And to the intent all persons maj^ know what a sufficient yoking doth
mean, —

It is hereby declared,

[Sect. 3.] That no yoke shall be accounted suflScient, which is not sufficient yoke.

338

Province Laws. — 1746-47.

[Chap. 27.]

Hog-reeves to
be annually
chosen.

Penalty fbr
neglect or
refusal.

Limitatiqn.

the full depth of the swine's neck above the neck, and half so much
below the neck, and the soal or bottom of the yoke three times as long
as the breadth or thickness of the swine's neck.

And for the rendring this act more effectual, —

Be it further enacted,

[Sect. 4.] That every town within the province, at their annual
meeting in March, for the choice of town .officers, shall chuse two or
more hogreeves, but not the same persons more than once in four years ;
and in case any town shall at aii}^ time hereafter neglect to ch[u][oo]se
hogreeves at such meeting, that in every such case the selectmen of the
town are impow[e]red and [re] [m] quired to appoint hogreeves, until [1]
a suitable number do accept and are sworn, whose duty it shall be,
upon complaints to them or either of them made, to take due care
that this act be duly observed, and to prosecute the breakers thereof;
which hogreeves shall be sworn to the faithful and impartial discharge
of their office ; and if any person so chosen or appointed shall refuse
or neglect forthwith to be sworn as afores[ai]d, or neglect his duty
in s[ai]d office, he shall forfeit and pay twenty shillings to the use
of the poor of such town ; and upon his refusal, another shall be forth-
with appointed in his room b}' the selectmen, to be under the like pen-
alty, and so 'till others will accept the s[a?']d office; w[7w"]ch penalty
shall be recovered by a prosecution before one of bis majesty's justices
of the peace in the county where such person dwells. And if, upon
neglect of any town to chuse according as by this act they are required,
the selectmen of such town shall fail of appointing hogreeves, as they
are by this act directed, they shall forfeit and pay the sum of twenty
pounds for such neglect ; the one half to his majesty, for and towards the
support of the governmie?r]t, the other half to him or them that shall
prosecute for such neglect in any of his maj[es]ty's courts of record
within this province ; and if it shall appear that any of the selectmen
w^ere ready and willing to do their duty required by this act, the penalty
or forfeiture shall be laid on those only who shall be negligent of their
duty by this act required.

Provided,

[Sect. 5.] That this act continue and be in force for the space of
ten years from the publication thereof, and to the end of the then next
sitting of the general court, and no longer. \_Passed April 25 ; ^5^6-
lished April 27, 1747.

CHAPTER 27.

AN ACT TO PREVENT DAMMAGE BEING DONE UNTO NOSSETT MEADOW,
BY CATTLE AND HORSE-KIND FEEDING ON THE BEACH ADJOINING
THERETO.

Preaml)!e.

Propvietovs
empowered to
erect and main-
tain a fence.

Whereas many persons frequently drive numbers of neat-cattle and
horse-kind to feed upon the beach called Nossett Beach, adjoining to
Nossett Meadow, in Eastham, whereby the ground is much broken, and
the sand blown away, so that the said beach is in great danger of being
totally broke away, and by that means the meadow adjoining will be
greatly damnified, if not wholly' lost, —

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

[Sect. 1.] That the proprietors of the meadow and beach, called
Nossett Beach and Meadow, are hereby impowered, at their own cost

[8th Sess.] Province Laws.— 1746-47. 339

and charge, according to each one's interest, to erect and maintain a
fence, such a one as they shall agree upon, from the enclosed land of
Joseph Mayo to the southerl}' end of the land called the Table-land at
the seaside, for the preservation of said beach and meadow.

And it is farther enacted,

[Sect. 2.] That from and after the publication of this act, no per- Penalty for
son or persons shall presume to turn or drive an}' neat cattle or horse- ing ""uie'tofeed
kind upon said meadow or beach between the first of March and the ?? ^o'^^f't
last of November annually, upon the penalty of ten shillings a head ^'°^'^<>-
for all neat cattle and horse-kind that shall be turned or found feeding
on said beach and meadow between the said first of March and last day
of November aforesaid ; which penalt}' shall be recovered by the select-
men 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 said town.

And be it further enacted,

[Sect. 3.] That if any ne[e][a]t cattle or horse-kind shall, at any Catue found
time hereafter, be found feeding on the said beach or meadow, between [rthis"aH','tirbe
the first of March and last of November as aforesaid, that it shall and impounded, &c.
may be lawful for any person to impound the same, and to proceed in
ever}' other respect agre[e]able to an act made in the sixteenth year of
his present majesty's reign, entitled " An Act to prevent dammage being 1742.43, chap. 11.
done unto Billingsgate Bay, in the town of Eastham, b}- cattle and
horse-kind and sheep feeding on the beach and islands adjoining there-
to " ; and also said town to proceed in the method mentioned in the
aforesaid act in their choice of officers, to look after said Nossett
Meadow and Beach.

[Sect. 4.] This act to continue and be in force for the space of five
years from the publication thereof, and no longer. Passed April 25 ;
published April 27, 1747.

CHAPTER 28.

AN ACT TO PREVENT THE DESTRUCTION OF THE MEADOW [S] CALLED
SANDY-NECK MEADOW, IN BARNSTABLE, AND FOR THE BETTER
PRESERVATION OF THE HARBOUR THERE.

Whereas there is a certain parcel [I] of salt meadow call[e]'d Sand}'- Preamble.
Neck Meadow, in the township of Barnstable, on which many of the
inhabitants of that and other towns, greatly depend for their hay, and
the said meadow lies adjoining to a sand}' beach near six miles in
length, on which no fence can be made to stand ; and by reason of neat
cattle and horses being turned thereon to feed, the beach grass is
destroyed, and the said beach trod loose, by reason whereof in high
winds and storms the sand blows upon said meadow, and into said har-
bour, and the whole of said meadows are in great danger of being covered
with sand, and also said harbour in great danger of being spoiled, by
the sand's blowing therein, if not timely prevented, —

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

[Sect. 1.] That from and after the publication of this act, no per- No person to
son or persons shall presume to turn or drive any neat cattle or horse- cattie° &c.ron
kind, to or upon said Sandy Neck, any where to the eastward of Sand- ^^,\'^\y i^'*'^''- ""
wich line, to feed thereon, upon the penalty of ten shillings a head for ^"^"^ ^'

340

Province Laws. — 1746-47.

[Notes.]

Cattle, &c.,
found feeding
contrary to this
act, to be im-
pounded, &c.

Oflicers to be

annually

chosen.

Ti^nalty for
refusing.

Limitation.

all neat cattle and horse-kind that shall be turned or found feeding on
s[ai]d neck or meadow adjoining, which penalty shall be recovered by
the selectmen or treasurer of said town of Barnstable, or any other per-
son that shall inform and sue for the same ; the one half of the said for-
feiture 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 be it further enacted,

[Sect. 2.] That if any neat cattle or horse-kind shall, at anj' time
hereafter, be found feeding on the s[ai]d Sandy Neck and meadows
adjoining east of Sandwich line as afores[ca]d, that it shall and ma}' be
lawful for an}' person to impound the same, immediately giving notice
to the owners, if known, otherwise to give publick notice thereof in the
s[«i]d town of Barnstable, and the two next arljoining towns ; and the
impounder shall rel[ei][/e]ve the said creatures with suitable meat and
water while impounded ; and if the owner thereof appear, he shall pay
the sum of two shillings and sixpence to the impounder for each neat-
beast and horse-kind, and the reasonable cost of rel[ei][/e]ving 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 so impounded,
and to pay the dam [??i] ages 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 the same to be sold at publick
vendue, to pay the costs and charges arising about the same, publick
notice of the time and place of such sale to be given in s[oiJd town of
Barnstable and in the town of Sandwich, 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, at any time within twelve
months next after, upon his demanding the same ; but if no owner ap-
pear within said twelve months, then the overplus shall be one half to
the party impounding, and the other half to the use of the poor of the
s[a«Jd town of Barnstable.

And be it further enacted,

[Sect. 3.] That the s[o?']d town of Barnstable, at their meeting in
March, annually, for the choice of town officers, be authorized and
impow[e]red to ch[u][oo]se one or more meet person or persons,
whose duty it 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 s[cw"Jd town of
Barnstable, and said town to proceed to ch[u][oo]se others in their
room ; and the said town of Barnstable, at a town meeting, warned for
that purpose, may, at any time before March next, ch[u][oo]se such
officers, who shall continue [untill] [to] their annual meeting in March
next.

[Sect. 4.] This act to continue and be in force for the space of five
years from the publication thereof, and no longer. \_Passed April 25 ;
jDublished April 27, 1747.

Notes.— There were eiirht sittinsrs of the General Court this year; but at the fourth
and seventh no acts were passed. The May session was adjourned from June 28 to July
1-5; but this adjournment seems not to have been regarded as terminating the session,
since chapter 8, which was passed July 25, was printed as the last act of the first session.
The acts passed after July were printed under distinct captions; and the periods
between the recesses of tlie Assembly are not distinguishable from other and regular
sessions, except that, in each, the Assembly met after an adjournment, and not after a
prorogation. According to the rule followecl in this edition of the laws, these ditierent
periods of the Assembly's sitting are to be regarded as separate sessions.

The engrossments of all the acts of this year, except of the first seven chapters, are pre-
served ; a'nd all were printed with the sessions-acts, except chapter 1, which, being a tax-
act, was printed separately.

The acts of the first three sessions were duly certified to the Privy Council, November 1,
1746. On the 27th of January they were referred to the Lords of Trade, and on the 18th

[Notes.] Province Laws. — 1746-47. 3^1

of June, 1747, they were sent, by the latter, to Mr. Lamh, for his opinion thereon in point
of law. This opinion was oriven in a report dated November 14, 1747, which is indorsed,
"No objection. With observations on some." The report of the Lords of Trade is dated
November 27, 1749, and sets forth that chapters 1, 2, 3, 4, 5, 7, 9, 10, 11, 13, and 14
" were for a Temporary service and are either expired, or the purposes for which they were
enacted have been completed"; that chapters 6 and 12 " 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." Chapter 8 was included with
chapter 7 of the acts of 1745-46, in a special report, which has been printed in the note to
that chapter, ante.

In accordance with the recommendations of the Lords of Trade, an order in Council was
passed 14 December, 1749, confirminir chapters 6, 8, and 12.

The five acts of the last session were enclosed, with a letter from Secretary Willard, to
Secretary Hill, November 1, 1748. The minutes of the Privy Council show that these acts
were received January 5, 1748-49. They reached the Board of Trade by the 8th of the
next month. There, an order was passed that they be sent to Mr. Lamb. No further
trace of these acts has been discovered in the Public-Record Office, and, as late as 1753, the
records of the Board of Trade contain a memorandum that chapters 27 and 28 had " not
been laid before the Crown."

As to the acts of the intervening sessions, it may be inferred that they were received by
the Lords of Trade, from the following statement of Secretary Willard, in his letter of No-
vember 1, 1748, transmitting the acts of the 8th session: "The Minutes of the Assembly
and the Laws are a continuation of what were sent you home by His Majesty's ship the
Mermaid in the Summer 1747 without any interruption, the Genei-al Court Book for that
time being accidentally saved out of the fire when the Court House was burnt," &c.

Chap. 1. " October 4"" 1746. In the House of Represent'" Voted that the Parish
Assessors of the Plantation of Natick be & hereby, ai-e impowred & directed to assess
& the Parish Collectors, to collect, such sum as shall be set on the said plantation as their
proportion of the Province & County Tax, And the Province Treasurer & the Treasurer
of the County of Middlesex, are impowred & required from time to time to issue their
Warrants accordingly. In Council Read & Concur'd Consented to by the Govern'."
— Council Records, vol. XVIII., p. 6.

"June 11. 1747. A Petition of the Town of Pembroke, praying to have the fine laid
upon them the last year for not sending a Representative remitted to them in consideration
of the small number of their Inhabitants and their poverty.

In the House of Represent.^" Read iS; Ordered that the sum of five pounds be allowed
the Town of Pembroke out of the publick Treasury in consideration of the fine imposed
upon them the last year as above mentioned.

In Council Read '& Concur'd Consented to by the Govei'nor." — Ibid., p. lol.

Chap. 12. "Jany 3,1746. In the House of Represent". Voted that this Court proceed
to the Choice of Guardians to the Indians in the Several Plantations on Tuesday next
at three o'clock in the Afternoon, for the Care of the following places, viz'. Three for
Natick, Three for Stoughton, Three for Grafton & Dudle}^ Three for Yarmoth, Ilarwitch,
& Eastham, Three for Marchpee, Barnstable, Sandwich & Falmouth, Three for Plymouth,
Pembroke, & Middleboro'. Three for Marthas Vineyard, & Three for Nantucket", Agree-
able to the Act made the present Year entitled an Act in addition to the Several Acts for
the better regulating the Indians.

In Council Read & Concur'd." — Ibid., p. 35.

" Jan? 6, 1746. This Day being appointed for electing Guardians to the Indians in their
sevei-al Plantations, the two Houses proceeded to the said Choice. And the following
Persons were duly chosen by the Major Vote of the Council & House of Represent'' viz'.

For Natick, Samuel Danforth, Joseph Richards, & John Jones Esq". For Stoughton,
Andrew Oliver, Samuel jNIiller Esq' & Capt John Shepherd For Grafton & Dudley,
John Chandler Edward Baker, & Sam' Liscomb Esq' For Yarmoth, Harwich & Eastham,
Mr. Samuel Knowles, Mr. Jos. Freeman, & Mr. Miller. For Marshpee, Barnstable, Sand-
wich & Falmouth, Sylvanus Bourn, Ja' Otis, & David Crocker Esq'. For Plymouth Pem-
broke & Middleboro', John Gushing & James Warren Esq' & Capt. Josiah Edson jun'.
For Marthas Vineyard, Zaccheus Mahew, .John Sumner Esq' & Mr. Hunt. For Nantucket,
Mess" Abijah Folger, Daniel Bunker & Jonathan Coffin." — Ibid., p. 38.

" Jany 9, 1746. In Council Ordered that Capt. Thomas Wiswall be Guardian of the In-
dians at Stoughton, in the room of Andrew Oliver Esq' who desires to be excused from
that seiwice.

In the House of Represent" Read & Concur'd." — Ibid., p. 42.

' January 26, 1749. In the House of Represent'" Voted that M' John Winslow, Sam-
uel White Esq' & Stephen Chase be the Guardians over the Indians that are Proprietors
of Lands within the Town of Freetown & that the said Guardians be fully impowered to
take care of said Lands and suiFer no person to cutt otf any Timber on said lauds unless it
be by their consent & Allowance. And that the produce of their said lands or what their
timber may sell for, be improved for the suppoit of the said Indians as they may stand iu
need thereof, the said Guardians to render an Account of their procedings to this Court,
once in two years, during their continuance in said Trust. In Council, Read & Concur'd —
Consented to by the Lieut Governor." — Ibid., vol. XIX., p. 141.

Chap. 15. "June 5, 1747. A Petition of Eser Brown Nathaniel Sole, Daniel Barny,
John Winslow & Sylvester Richmond Represent'*!' of the Towns of Swanzey Dartmouth
Rehoboth Freetown & Dighton in the County of Bristol setting forth the inconveniencies
of having Taunton the Sbire Town of said Countv & the more convenient situation of
Dighton and therefore praying that for the future the said Town of Dighton may be the
County or Shire Town. In the House of Represent™ Read & Ordered that the Petitioners

342 PpvOvince Laws.— 1746-47. [Notes.]

serve the several Towns in the County of Bristol who have not joined in this Petition with
copies thereof respectively that they show cause if any they have on the first Tuesday of
the next Sittino- of this Court whv the praver of the Petition should not be granted. In
Council Read & Coucnrd."~Ibul., vol. XVIII., j). 144.

" Aufrust 14, 1747 On the petition of divers Represent'" of Towns in the County of
Bristol praying tliat Di^rhton maybe made the shire Town of said County In Council
Read a<i,aiu tojrether with tlie Answers of the several Towns Ordered by this Court to be
notified' hereof & the matter being fully considered Unanimously Ordered that this
petition be dismiss'd In the House of Represent"' Read & Concnv'd"— Ibid., p. 188.

Chap. 17. "ISToV 12, 174(). In the House of Represent™. Upon a motion made &
seconded, Voted that INIr. Hubbard, Coll. 'Miller, & Mr. Foster, with such as the Hon'^'^
Board shall appoint be a Committee to prepare the Draught of a Bill in addition to the
several acts of the Province for preventing prophane Cursing & Swearing.

In Council Read & Concur'd, & Fi'ancis Foxcraft, Josiah WiUard, & Andrew Oliver
Esq' are joined in the affair." — Ibid., p. 19.

Chap. 20. " April 23, 1747. In the House of Repi'esent™' Whereas the Encouragement
already given for scouting the Woods after the Indian Enemy has been found ineffectual
Therefore voted tliat there be & hereby is granted to be paid out of the Province Treasury
the sum of two hundred & fifty pounds for each Indian killed & the Scalp produced to
the Governor & Council as Evidence & for every Indian Captive taken westward of Nova
Scotia within six months from this time by any "Scouting Party of the Inhabitants of this
Province that shall go with permission or Warrant for that purpose as Voluntiers on that
service the money to be equally divided among the Persons concerned without respect to
office that they be allowed one pound of powder three pounds of bulletts & six iiints to
each man at their first setting out & also to be subsisted while scouting such Partys to

keep a correct Journal of their Marches and Procedings Voted also that the sum of one

hundred pounds be allowed to any Soldier or Party of Soldiers in the pay of this Province
who shall within that time Captivate or kill any Indian producing the Scalp as aforesaid
or to any other person or persons who shall do the same in his own defence or in the De-
fence of" any of his Majestys Subjects in this Province and all former Grants of this na-
ture heretofore passed by this Court excepting that on the twenty-eighth day of January
last are hereby superceded & set aside.

In Council " Read & Concurr'd

Consented to by the Governor." — Ibid., p. 119.

Chap. 24. "February 14, 1746. The Secretary delivered the following Message from
his Excellency to both Houses Gentlemen of the Council & House of Represent!!'

When I first entered upon the Administration of the Government I found the Province
ovei-whelmed with Law suits occasioned principally by the cheapness of the Law the pei--
nicious mischiefs of which to the whole Community I pointed out to the two Houses in my
Speech of the 2'^ April 1742 to which I must referr you and thereupon induced them to
pass an Act for stating the fees of the Courts of Judicature at double the value they were
then of: which has had the Effect to reduce the number of Law Suits in the Province to
consideraljly less than one half of what they amounted to before as you will perceive by
the difference between the Entries in the Inferior Court of the County of Suffolk in the
year 1740 & in the years 1745 & 1746 which will serve to shew you the decrease of tliem in
"the other Counties 'where I am informed the number of Actions is proportionably lessened.
And I am sorrv Gentlemen that the Province should so suddenly relapse into the same
Evil with it's eyes open ; as it will do if the Value of the fees of the Courts of Judicature
is suffered to sink as low as it was in the year 1740 & 1741 which they are in a fiiir way of
doing by tlie Deprctiation of the bills of credit and perhaps lower by the end of three
years — For these Reasons Gentlemen I think it would be wrong for me to consent to the
Engros't Bill now lying before entitled an Act for reviving an Act for the establishing &
regulating Fees within this Province, made & pass'd in the eighteenth year of his pres-
ent INIajesty's Reign ; and hope you wiU agree with me that this matter deserves your
farther con"sideration at your next Meeting— There are also some other things in the last
Law for stating the fees'which wiU require an Amendment and which I shall point out to
you at your next Session." — Ibid., p. 76.

ACTS,

Passed 1747 — 48.

13431

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-seventh day of May, A. D. 1747.

CHAPTEK 1.

AN ACT FOR APPORTIONING AND ASSESSING A TAX OF THIRTY-NINE
THOUSAND ONE HUNDRED AND THREE POUNDS THIRTEEN SHILLINGS'
AND SEVENPENCE ; AND ALSO FOR APPORTIONING AND ASSESSING A
FURTHER TAX OF TWO THOUSAND EIGHT HUNDRED AND SEVENTY-
EIGHT POUNDS ELEVEN SHILLINGS AND SIXPENCE, PAID THE REP-
RESENTATIVES FOR THEIR SERVICE AND ATTENDANCE IN THE
GENERAL COURT, AND TRAVEL; AMOUNTING IN THE WHOLE TO
FORTY-ONE THOUSAND NINE HUNDRED AND EIGHTY-TWO POUNDS
FIVE SHILLINGS AND [A] [ONE] PENNY.

Whereas the great and general court or assembly of the province of
the Massachusetts Bay, did, at their session in February, one thousand 1744-45, chap. 21,
seven hundred and forty-four, pass an act for levying a tax of twenty
thousand [^and'] seven hundred pounds, in bills of credit by said act
emitted, and, at their session in September,* one thousand seven hun- 1746-47, chap. 14,
dred and forty-six, did pass an act for levying a tax of five thousand
pounds, in bills of credit emitted b}^ said act; and, at their session in 1746-47, chap. 20,
March,! the same year, did pass an act for levying a tax of eight thou-
sand two hundred pounds, in bills of credit emitted by said act ; and,
at their session in April, one thousand seven hundred and fortj'-seven, 1746-47, chap. 25,
did pass an act for levying a tax of nine thousand seven hundred and
fifty 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 forty-three thousand six hundred and fift}^ pounds ; 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 prov-
ince, if they thought fit : and the assembly aforesaid have likewise 1746-47, chap. 4,
ordered the sum of two thousand eight hundred and seventy-eight ^
pounds eleven shillings and sixpence, paid the representatives the last
year, should be levied 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,
directing and efiectual drawing the sum of forty-six thousand five hun-
dred and twenty-eight pounds eleven shillings and sixpence, pursuant to
the funds and grants aforesaid, into the treasury, according to the ap-
portion now agreed to by this court ; the sum of four thousand four hun-
dred and four pounds twelve shillings and eightpence, arising by the

* The session began August 14.

t This act was passed January 29, 1746-47, at the session which began December 24,
1746, and ended February 14, 1746-47. The act was published March 2, 1746-47.

346 Province Laws.— 1747-48. [Chap. 1.]

duties of impost, tuunage of shipping and excise, with the sum of one
hundred and forty-one pounds thirteen shillings and ninepence, fines,
which sums being first deducted, there remains the sum of forty-one
thousand nine hundred and eighty-two pounds five shillings and a penny
to be drawn into the treasury in the following manner ; viz'^'^., thirty-
nine thousand one hundred and three pounds thirteen shillings and
sevenpence by a tax on polls and estates in the several towns, and two
thousand eight hundred seventy [and] eight pounds eleven shillings
and sixpence, paid the representatives the last year ; which sums
amount to forty -one thousand nine hundred and eighty-two pounds five
shillings and a penny ; 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 may be enacted, —

A7id 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 thirty-nine thousand one hundred and three pounds thirteen shillings
and sevenpence, in bills of credit, and their representatives' pay, two
thousand eight hundred and seventy [and] eight pounds eleven shil-
lings and sixpence ; viz^'^., the several sums following ; that is to say, —

[1st Sess.] Peovince Laws. — 1747-48.

347

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348

Province Laws. — 1747-48.

[Chap. 1.]

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[1st Sess.] Province Laws. — 1747-48.

349

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354 Province Laws.— 1747-48. [Chap. 1.]

And be it further enacted,

[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 per-
sons, 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 assessment, 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 land-
lord 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
shillings in bills of the last emission ; every cow of three years old and
ui)wards, at thirty shillings ; every horse and mare at 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 said assessors to
make a fair list of the said assessment, setting forth, in distinct col-
um[H]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 ti-ade or faculty, and if as
guardian, or for any estate in his or her improvement, in trust, to be
distinctly expres[se]d ; 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

[1st Sess.] Pkoyince Laws.— 1747-48. 355

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 da}^ 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, respectively;,, to collect the whole of each
respective sum assessed on each i)articular 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 ac-
co[un][«i/)]ts of the whole, at or before the last day of June, which
will be in the j'ear of our Lord one thousand seven hundred and forty-
eight.

And be it further enacted,

[Sect, 5.] That the assessors of each town and district, respect-
ivel}', in convenient time before their making the assessment, shall give
seasonable warning to the inhabitants, in a town meeting, or by posting
\\\) 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 per-
fect lists of their polls, and rateable estate, and income by trade or fac-
ulty, 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 f(jr 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 the}' can, agreeable to the
rules herein given, under the penalt}' of twenty shillings for each per-
son 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 t(jwn or district where the delinquent lives, to be levied
b}' 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 countj' for relief, as in case of being overrated. And
if any person or persons shall not bring in a list of their estate as afore-
said 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 as-
sessment laid on him.

[Sect. 6.] And if the party be not convicted of any falseness in the
list, by him presented, of the polls, rateable estate, or income by trade or
faculty, business or emplo^'ment, which he doth or shall exercise, or in
gain by money at interest or otherwise, or other estate not particularly
assessed, such list shall be a rule for such person's proportion to the
tax, which the assessors ma}' 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 the}' come to trade is finished and de-
livered to the constable or collector, and, before the next year's assess-
ment, are gone out of the province, and so pay nothing towards the
support of the government, tho[ugh], in the time of their residing
here, they reap[e]'d considerable gain by trade, and had the protectioH
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 im-
powered to rate and assess all such persons according to their circum-

]5Q Province Laws.— 1747-48. [Chap. 1.]

stances, 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 the constable[s] or collectors are hereby enjoyned to
levy and collect all such sums committed to them and assessed on per- .
sons who are not of this provmce, and pay the same into the town
treasury.

And be it further enacted,

[Sect. 8.] That the inhabitants of this province have liberty, if
they see fit, to pay the several sums for which they respectively may
be assessed at, as their proportion of the aforesaid sum of thirt3--nine
thousand one hundred and three pounds thirteen shillings and seven-
pence, in bills of credit emitted in and since the year one thousand
seven hundred and forty-one, according to their denominations ; or in
coined silver, at the rate of seven shillings and sixpence per ounce, troy
weight, or in gold coin in proportion ; or in bills of credit of the middle
tenor, so called, according to their several 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 sixpence per bushel [1] ; or in good winter rye, at two
shillings and sixpence per bushel [1] ; or in good winter wheat, at
three shillings per bushel [1] ; or in good barley, at two shillings per
bushel [1] ; or in good barrel [1] pork, at two pounds per barrel [IJ ; or
in barrel [1] beef, at one pound five shillings per barrel [1] ; 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 in merchantable cordage, at one pound five shillings per hun-
dred ; in good train-o[y][/]l, at one pound ten shillings per barrel [?] ;
or in good beeswax, at tcnpence per pound ; or in good bayberr3'-wax, at
sixpence per pound ; or in try[e]'d tallow, at fourpence per pound ; or
in good pease, at three shillings per bushel [1] ; or in [f/ooc?] sheepswool,
at ninepence per pound ; or in good tann'd sole-leatber, at fourpence
per pound : all which aforesaid commodities shall be of the produce of
this province, and, as soon as conveniently ma}', 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 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
treasurer.

[Sect. 9.] And if any loss shall happen by the sale 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 treasur3^

And icJiereas by the late determination and order of his majesty in
council, the town of Bristol falls within the colony of Rhode Island,
and part of the town[s] of Little Compton, Swan[s][2;]ey, Tiverton and
Barrington, by said determination, likewise fall[s] within said colony ;
and a\tho\jigh] it be just and equitable that a i)roportion of the debts
contracted by this government while the said towns were under the
jurisdiction of it, should be paid by the inhabitants and estates of that
. part of said towns which falls within the colony of Rhode Island, yet,
inasmuch as no provision is made by the aforesaid order of his majesty
for raising and assessing the same, —

Be it therefore further enacted,

[Sect. 10.] That the treasurer be and hereby is discharged from

*any part of the tax laid on said town of Bristol, and on that part of the

safd towns of Little Compton, Swan[s][z;]ey, Tiverton and Barrington,

[1st Sess.] Pr.oviNCE Laws.— 1747-48. 357

^\liich now falls within the colon}' of Ehode Island, apportioned in this
tax-act, until his majesty's pleasure shall be signified thereupon.

And it is farther enacted,

[Sect. 11.] That all proceedings with respect to the tax on that
part of the said towns of Liitle Conipton, Swan[s][;i]e3-, Tiverton and
Barrington, which remains within this province, be regulated agreeable
to such orders as have pass[e]'d or shall hereafter pass this ccurt, any-
thing in this act to the contrarj' uotwitlistauding. \_Passed Jiuie '2d.

CHxiPTEE 2.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGHT
THOUSAND POUNDS FOR DEFR[E] [.1]YING THE CHARGE OF THE
LATE INTENDED EXPEDITION AGAINST CANADA, AND FOR DIS-
CHARGING THE PUBLICK DEBTS, &c., AND FOR DRAWING IN THE
SAID BILLS INTO. THE TREASURY AGAIN.

Be it enacted hytlie Governoiir, Council and House of Reiwesentatives,

[Sect. 1.] That the treasurer be and hereby is impowered and £8,ooo bills of
ordered to issue forth the sum of eight thousand pounds in bills of emitted°
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, issued since one thousand seven hundred
and forty ; or, if there be not a sufliciency of such bills, that then the
committee appointed by this court for signing bills are herob}' directed
and impow[e]red to take care and make effectual provision, as soon as
ma}' be, to imprint so many as ma}* 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 [f]faithful[l] performance of the trust hy this act reposed in them ;
and the said sum of eight thousand pounds shall be issued out of the
publick treasury for the purposes and in manner following ; vizi^'^., the
sum of five thousand pounds, part of the aforesaid sum of eight thou-
sand pounds, shall be appl[y][ie]d for discharging what is due for put-
ting the province into a better state of defence, for paying otf such
oflScers and soldiers as are or may be in the province service, according
to the several establishments for that purpose, for purchas[e]ing need-
ful [1] warlike stores, pursuant to such grants as are or shall be made by
this court for those purposes : the sum of three thousand pounds, part
of the aforesaid sum of eight thousand pounds, shall be apply ed for
discharging and paying such grants that are or may be made by this
court.

And he it further enacted,

[Sect. 2.1 That each and every warrant for drawing money out of Warrants to ex.

*^ o »' Dress tuG ciDpro*

the treasur}', shall direct the treasurer to take the same out of such priatious.
sums as are respectiv[e]ly appropriated for the payment of such pub-
lick debts as. the drafts are made to discharge; and the treasurer is
hereby directed and ordered to pa}' such money out of such appropria-
tion 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 they direct, all such muster-
rolls and acco[mp][zm]t8 after payment thereof.

358 Province Laws.— 1747-48. [Chap. 2.]

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

Be it enacted^
£8,000 in 1748. [Sect. 3.] That there be and hereby is granted unto his most excel-
lent majesty, to the ends and uses aforesaid, 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 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-eight, and paid into the publick treasury on or
before the last day of December then next after.

And he it farther enacted,
Tax for the [Sect. 4.1 That in case the general court shall not at their session

money hereby .S., -',, i iit 1^.^.1, t

emitted, to be in May, One thousand seven hundred and forty-eight, agree and con-
to ttiepTeTedi"" elude upon an act apportioning the sum which b}^ this act is engaged
tax act, in case." shall be ill that year 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 polls, and estates both real and personal, within
their districts, the same proportion of the said sum 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 im-
power[e]d and directed, some time in the month of June, in the j'ear
one thousand seven hundred and fort^'-eight, to issue and send forth
bis warrants, directed to the selectmen or assessors of each town and
district within this province, requir[e]ing them to assess the polls, and
estates both real[l] and personal, within their several towns and dis-
tricts, 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 govern[e]d b}^ and subject to
all such rules and directions as shall have been given in the next pre-
ceeding tax act.

And he it further enacted,
Taxes to bepaid [Sect. 5.] That the inhabitants of this province shall have liberty,
species herein if they scc fit, to pay the several sums for which they respectiv[e]iy
enumerated. ma}^, in 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 shil-
lings and sixpence per ounce, troy weight, sterling alloy, or in gold
coin, proportionably ; or in merchantable hemp, flax, winter and Isle-of-
Sable codfish, refined bar-iron, bloomery-iron, h[a][o]llow iron-ware,
Indian corn, rye, wheat, barley, beef, pork, duck or canv[a][?"]s, whale-
bone, cordage, train-oil, beeswax, bayberry-wax, tallow, pease, sheeps-
■wool[Z], or tann'd sole-leather (the aforesaid commodities being of the
produce or manufact[u][o]r[e]s of this province), at such moderate
rates and prices as the general assembly of the year one thousand
seven hundred and fort3^-eight shall seti^] them at[t] ; 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 com-
Howthecom- moditles to the province treasury; but if the aforesaid general assem-
broiigM into the Wy shall not, at their session in May, some time before the twentieth
treasury are to (Jay of Juuc, in Said year, agree upon and set the aforesaid species and
commodities at some certain price, that then the eldest councellor, for
the time being, in each of those count[y][ie]s in the province, of which
any one of the council is an inhabitant, together with the province treas-
urer, or the major part of them, be a committee, who are hereby
authorized and fully impow[e] red to do it; and in their set[l][^]ing
the prices and rating the value of those commodities, to state so much

[1st Sess.] Province Laws. — 1747-48. 359

of them, respectiv[e]ly, 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 said j'ear,
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. 6.] 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 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 say, one ounce of silver coin[e], and so gold in proportion, for
seven shillings and sixpence, and so pro rata for a greater or less[or]
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 fully and effectuall}^ to call in the
whole sum of eight thousand pounds in said bills hereby ordered to be
issued ; and if there be a surplusage, it shall remain a stock in the
treasury. [^Passed June 29 ; published July 2.

CHAPTER 3.

AN ACT TO PREVENT THE DESTRUCTION OF WILD FOWL.

Whereas the water-fowl of divers [e] kinds which were wont in Preamble.
former years, in great numbers, to frequent the mar [i] [a] time towns 1737-38, chap. lo.
of this province, were of great service and beneflt to the inhabitants,
both for meat and feathers, but are now in great measure affrighted and
driven away by many persons, who have made use of floats, or rafts,
therein to go off as well by night as by day, to shoot them at a distance
from the shoai; upon the flat[t]s and feeding-grounds, and from the land,
hy night ; which practices, if continued, are likely to have the ill-effect
to cause the fowl wholly to desert and disuse the said towns ; for pre-
vention whereof, —

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

[Sect. 1.] That if any person or persons shall at anj' time after Penalty for
one month from the publication of this act, make use of any float, raft, Mmmea'^or
or canoe, any ways trim'd or dress'd up, wherewith, b}' night or by da^^, Pressed,
to approach and shoot at any water-fowl in any part of this province,
or shoot at any such fowl by night, from the land, or from out of any
boat, canoe, float or other vessel [1], he or they so offending shall each
of them forfeit and pay for the first offence the sum of twenty shillings
to the informer, to be recovered before one of his majestj^'s justices of
the peace for the county where the fact shall be committed, and forty-
five shillings for every offence afterwards, to be recovered before the
justices of the court of general sessions of the peace, by bill, plaint or
information ; the one-half to the informer and the other half for the use
of the poor of the town where the fact shall be committed.

[Sect. 2.] This act to continue and be in force for the space of five Limitation.
years from the publication thereof, and no longer. [^Passed June 29 ;
published July 2.

360

Peovince Laws. — 1747-48.

[Chap. 4.]

CHAPTER 4

AN ACT TO PREVENT THE DISTURBANCE GIVEN THE GENERAL COURT,
BY COACHES, CHAISES, CHAIRS, CARTS, TRUCKS, AND OTHER CAR-
RIAGES, PASSING BY THE PROVINCE COURT-HOUSE IN THE TIME OF
THEIR SITTING.

Preamble.
1742-43, chap. 12

Penalty for
coaches, &c.,
passing by
either side of
the court-house
in the time of
the sitting of
the general
court.

Limitation.

Forasmuch as the passing of coaches, chaises, chairs, carts, trucks
and other carriages, on the south and north side of the court-house in
Boston, gives great interruption to the debates and proceedings of the
general court in the time of their sitting ; for preventing of which, —

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

[Sect. 1.] That after five da3-s from the publication of this act, any
person or persons presuming to drive or pass any coach, chaise, chair,
cart, truck, or other carriage, by one or more horses or cattle (sleds
and sla3-s only excepted), in King['s] Street, either on the south side or
on the north side of the province court-house in Boston, during any sit-
ting of the general court, between the hours of nine in the morning and
one in the afternoon, or betw^een the hours of three and seven in the
afternoon (either house then actually sitting), shall, for every such
offence, forfeit and paj', as a fine, for the use of the doorkee|jer for the
time being, the sum* of five shillings, to be immediately paid him by the
offender or offenders ; and in case of refusal, it shall be in the power of
the doorkeeper to require sufTicient assistance to arrest and seize the
offender or oflfenders, and him or them to carry before a justice of the
peace, who is hereb}^ impowered and dii'ected, on proof of the offence,
to commit the offender or offenders to prison, until he or they shall pay
the said fine, and cost arising thereon ; and in case the doorkeeper
shall not arrest and seize the refusing offender as aforesaid, he, the
said doorkeeper, may recover the fine by warrant from any one of his
majesty's justices of the peace.

Provided,

[Sect. 2.] That this act shall not be construed or understood to
relate to any coach, chariot, chaise or chair, belonging to his excellency
the governour, the lieutenant-governour, or any of the members of the
general court.

Provided, also,

[Sect. 3.] That nothing in this act shall be understood or con-
strued to restrain any of the hous[e] holders, or inhabitants living in
Iving['s] Street in Boston, on either side of the court-house, or any
person improving any of the cellars under the court-house, from caus-
ing any coach, chaise, chair, cart or trucks, in the service of such
hous[e]holder or inhabitant, or person improving as aforesaid, to be
, brought to or carried from their respective dwellings, or the said cel-
lars, during the sitting of the general court.

[Sect. 4.] This act to continue and be in force for one year from
the publication thereof, and no longer. [^Passed June 29 ; published
July 2.

[1st Sess.] Province Laws.— 1747-48. 361

CHAPTER 5.

AN ACT TO PUEVENT DAM [ill] AGE BEING DONE ON THE MEADOWS
AND BEACHES LYING IN THE TOWNSHIP OF BARNSTABLE, ON THE
SOUTH SIDE OF THE HARBOUR, CONTIGUOUS TO THE [LATE] COMMON
FIELDS IN SAID TOWN.

Whereas man}' persons frequently drive numbers of neat cattle, Preamble,
horses, sheep and swine, to feed upon the beaches, meadows and shoars
adjoining to the late common fields in said Barnstable, between said
fields and the harbour, whereby the ground is much broken and damni-
fied and the sand blown on said meadows and uplands adjoining, to
the great dam [wi] age not only of private persons in their property, but
also to the said town in general, so far as relates to said town's
meadow appropriated to maintain a pound, —

Be it enacted by the Governoia\ Council and Hotise of Bejjresentatives,

[Sect. 1.] That from and after the publication of this act, no per- No poison to
son or persons shall presume to turn or drive any ne[e][a]t cattle, or a"}"ca,tue'^&c.,
horse-kind, or sheep, or swine, to or upon any of the beaches, meadows on'the beaches,
or shoars that lye between the late common fields in said Barnstable, subie.
anywhere from Calves'-Pasture Point, to Yarmouth line, round as the
shoar goes, upon the penalty of ten shillings a head for ne[e][o]t cat-
tle, horses or mares, and two shillings and sixpence for each sheep and
swine, that shall be turned and found on said beaches, meadows or
shoars, within the limits aforesaid ; which penalty shall be recovered by
the selectmen or treasurer of the said town of Barnstable, or any other
person that shall inform and sue for the same : the one half of the said
forfeiture to him or them that 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 be it further enacted,

[Sect. 2.] That if any neat cattle, or horse-kind, or sheep, or swine, Cattie fomui
shall, at any time hereafter, be found feeding on the said beaches, mead- bTachls°afore!
ows or shoars, that l[y][i]e between the late common fields and the ^aid, tobeim.
harbour, in said Barnstable, any where from Calves'-Pasture Point to ^°"" '^ '
Yarmouth line, [b][r]ound as the shoar goes, that it shall and ma}' be
lawful for any person to impound the same, immediately giving notice
to the owners, if known, otherwise to give publick notice thereof in the
said town of Barnstable, and the two next adjoining towns ; and the
impounder shall rel[pi][{e]ve the said creatures with suitable meat and
water while impounded ; and if the owner thereof appear, he shall pay
the sum of two shillings and sixpence to the impounder, for each neat
beast and horse-kind, and eight pence for ^ich sheep and swine, and the
re[<:(]sonable 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, sheep or swine so impounded, and to pay the costs
and uam[?H]ages occasioned by impounding the same, then and in every
such case the person or persons impounding such cattle or horse-kind,
sheep or swine, shall cause the same to be sold at publick vendue, and
pay the cost and charges arising abogt the same (publick notice of the
time and place of such sale, to be given in the said town of Barnstable
and in the town of Yarmouth, forty-eight hours before hand), and the
overplus, if any there be, arising by such sale, to be returned to the
owner of such cattle or horse-kind, sheep or swine, 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 impounding, and the other half to the
use of the poor of the said town of Barnstable.
46

362 Province Laws.— 1747-48. [Chap. 6.]

And be it further enacted.
Persons to be rSECT. 3.1 That the Said town of Barnstable, at their meetino; in

annually chosen -u^ "- , ^\ r- ■> ■, ■ n r^ i ,y • •> i •

to see this act March, annually, for the choice of town officers, be authorized and im-
observed. powered to chuse one or more meet person or persons whose dut}' it

shall be to see this act observed, and to prosecute the breakers thereof,
and who shall be sworn to the faithful [1] discharge of their office ; and
in case any person so chosen shall refuse to be sworn, he shall forfeit
and pa}' ten shillings for the use of the poor of the ^id town of Barn-
stable ; and upon such refusal, said town from time to time to proceed
to a new choice of such officer or officers : and the said town of Barn-
stable, 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.
Limitation. [Sect. 4.] 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 2.

CHAPTEE 6.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS OF THIS
PROVINCE, EXPIRED OR NEAR EXPIRING.

Preamble. Whereas an act was made and pass'd in the tenth and eleventh j-ears

1737-38, chap. 6. of his present majesty's reign, entitled "An Act further to exempt
persons commonly called Quakers, within this province, from being

1737-38, chap. 8. taxed for and towards the support of ministers" ; and another act made
and pass'd in the same year, [i][e]ntitled " An Act in further addition
to an act made and pass'd in the first year of his present majesty's
reign, entitled ' An Act to prevent coparceners, joint tenants and ten-
ants in common, from committing strip and waste upon lands by them

1740-41, chap. 6. held in common and undivided ' " ; and another act made and pass'd in
the thirteenth and fourteenth j'ear of his present majesty's reign, en-
titled " An Act further to exempt persons commonly called Annabap-
tists, within this province, from being taxed for and towards the support

1743-44, chap. 20. of ministers " ; and another act made and pass'd in the seventeenth year
of his present majesty's reign, entitled " An Act for 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
inconvenienc[t]es by means of their having heretofore acted in some
town offices, without taking the oaths by law required for such offices " ;

1743-44, chap. 22. and another act made and pass'd in the same 3'ear, entitled " An Act
for rendering more effectual 'the laws alread}^ in being relating to the
admeasurement[s] of boards, plank, and timber, and for preventing
fraud and abuse in shingles, beef and pork, exported from this prov-
ince, and also for regulating the assize of staves and hoops " ; — all
which several laws are expired or near expiring : and tvhereas the
aforesaid laws have, by experience, been found beneficial and necessary
for the several purposes for which they were passed, —

Be it therefore enacted by the Governour, Council and House of Bep-
reseiitatives,

Re%'iving of That all and every of the aforesaid acts, and every matter and clause

several acts. therein contained, be and hereby are continued and revived, and shall
continue and remain in full force ten years from the publication of this
act, and no longer. [^Passed June 29 ; published July 2.

[1st Sess.] Province Laws.— 1747-48. ^ 363

CHAPTER 7.

AN ACT TO PREVENT DECEIT IN THE GAGE OF CASK.

Whereas his majesty's good subjects within this province, are PreamWe.
greatly damaged in the make and measure of their cask, and particu- 1737-38, cbap. 12.
larly those of rum and molasses, inasmuch as the hogsheads and other
cask, which ought to answer the gage by the rod, have been proved,
and upon trial in their drawing off, there hath been wanting seven or
eight gallons, and sometimes more, in a hogshead ; which persons are
obliged to pay for more than they really receive ; for remedy whereof, —

Be it enacted by the Governour, Counciland House of EepresentlatQves,

[Sect. 1.] That all rum and molasses in casks of all sorts, from a Rumandmoias.
barrel and upwards, that shall be exposed to sale, be mathematically emaucaii^''"'*
gaged by Gunter-scale, and the quantity said cask can contain, being gauged.
full, to be set and marked on one head by the gager with a marking-
iron ; and the said gager shall demand and receive of the owner or
owners of such rum or molasses threepence for every cask by him
gaged as afores[ai]d, and no more.

And be it further enacted,

[Sect. 2.] That the justices of the peace, at their first general ses- justices in their
sions in each respective county of this province, from the publication of trap°p"ohitT'^
this act, and afterwards yearly, shall in every town where there shall gaugcr or
be occasion, chuse and appoint a fit person or persons to be a gager or ^^^st^rs.
gagers, who shall be sworn to the due execution of their office by one
of his majesty's justices of the peace within the same county, in the
words following ; viz[']., —

You, A. B., being appointed a gager, according to law, do swear that you Ganger's oath,
will, from time to time, diligently and faithfully discharge and execute the
office of a gager, within the limits whereto you are appointed, for the ensuing
year and until [1] another be chosen and sworn in your place ; and that by
and in all the particulars mentioned in the law whereto your office hath
relation and you will do therein impartially without fear or favour. So help
you God.

TSect. 3.1 And every person or persons who shall presume to sell Penalty for seii.

L -J, ..y,,. T ^1. . -,• . ji ing •without the

any rum or molasses without being gaged as this act du-ects, and hav- gauger's mark.

ing the gager's mark upon it, shall forfeit and pay for every cask by

him or them sold contrary to the true intent and meaning of this act,

the sum of five pounds ; one half to the poor of the town where the

offence is committed, and the other half to the informer, who shall

inform and sue for the same in any of his majesty's courts of record

within this province.

[Sect. 4.] This act to continue and be in force for the space of ten Limitation,
years from the publication thereof, and no longer. [^Passed June 29 ;
2)ublished July 2.

CHAPTER 8.

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TONNAGE OF SHIPPING.

We, his majesty's most loyal and dntiful subjects, the representatives
of the province of the Massachusetts Bay, in New England, being desir-

364 . Province Laws.— 1747-48. [Chap. 8.]

ous of a colateral 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 im-
ported into this province, and tunnage of shipping hereafter mentioned ;
and pray that it ma}' be enacted, —

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

[Sect. 1.] That from and after the publication of this act, and dur-
ing the space of one year, there shall be paid by the importer of all
■wines, liquors, goods, wares and merchandizes 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 also all prize goods condemned in any part of this
province, excepted), the several rates or duties of impost following;
viz'., —

For ever}^ pipe of wine of the Western Islands, one pound.

For every pipe of Madera, one pound five shillings.

For every pipe of other sorts not mentioned, one pound five shil-
lings.

For every hogshead of rum, containing one hundred gallons, one
pound.

For ever}^ hogshead of sugar, sevenpence.

For every hogshead of molasses, f^urpence.
* 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
and merchandize, &c., that shall be imported into this province 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 he 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 commissioners 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 every 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 dut}- 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 he it further enacted,

[Sect. 4.] That all masters of ships or other vessells coming into
an}- harbour or port within the province from beyond sea, or from any
other province or colony, before bulk be broken and within twenty-four

[1st Sess.J Peovince Laws.— 1747-48. 365

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 ; whicli
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 vessell, witli the marks and numbers thereof, and to whom
the same is consigned ; and also make oath that the said report or man-
ifest of the contents of his lading, so to be by him given in, under his
hand as aforesaid, contains a just and true accompt, to the best of his
knowledge, of the whole lading taken on board and imported in the said
vessell from the port or ports such vessell came from, and that he hath
not broken bulk, nor delivered any of the wines, rum or other distill'd
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 agree-
able to a printed form for that purpose, which is to be filled up by the
said commissioner or receiver according to each particular person's
entry ; wliich oath the commissioner or receiver is hereby impowered
to administer : after which said 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 b}' this act are lyable to pay impost or
dut}', shall, by themselves or order, make entr}' thereof in writing, under
their hands, with the said commissioner or receiver, and produce unto
him an invoice jof 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 mude, exhibits the present price of s;dd 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.

[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
wharfle, or into any warehouse or other place, but in the daj^time onh^,
and that after sunrise and before sunsett, unless in the presence and
with the consent of the commissioner or receiver, on pain of forfeiting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or 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 con-
signed, then the cask wherein the same is shall be gaged at the charge
of the importer, that the quantities thereof may be known.

And he it further enacted,

366 Province Laws.— 1747-48. [Chap. 8.]

out, shall be accounted for oiits, and the merchant or importer to pay no
dut}- fur the same. And no master of an}' ship or vessell 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 commis-
sioner 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 vessell 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 everj'' ship or vessell importing any
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 (\\x\y entred, nor the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
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, until he shall receive a
certificate, from the commissioner or receiver of the impost, that the
dut}' for the same is paid, and until 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,
until 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 he 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 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
any goods, wares or merchandize are such as that the value thereof are
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 thp impost and
the dut}" thereof shall be brought, and be there required to make oath
to the value of such goods, wares or merchandize.

And he it farther enacted,

[Sect. 12.] That the ship or vessell, with her tackle, apparrell and
funiture, the master of which shall make 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
an}' such default, as also to make good the impost or duty for any wines,
liquors, goods, wares and merchandize not entred as aforesaid ; and,
uiion judgment recovered against such master, the said ship or vessell,
with so much of the tackle or appufx-es thereof as shall be sufficient to
satisfy said judgment, may be taken in execution for the same ; and
the commissioner or receiver of the impost is hereby impowered to
make seizure of such ship or vessell, and detain the same under seizure
until judgment be given in an}' suit to be commenced and prosecuted

[1st Sess.] Peovince Laws.— 1747-48. 367

for an}' of the said forfeitures or impost ; to the intent that, if judgment
be rendered for the prosecutor or informer, such ship or vessell and
appurces 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
duties, with charges, that shall be recovered against the master thereof,
upon suit to be brought for the same, as aforesaid ; and the master oc-
casioning such loss and damage unto his owners, thro 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 vessell, 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 vessell 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
vessell importing any wines or liquors, for such private adventures as
shall belong to the master or seamen of such ship or vessell, at the dis-
cretion 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 ivhereas, man}' 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,
b^'this act subjected to any duties, shall be hereafter imported from
an}' of the neighbouring governments, by land, into any town of this
province, 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 any of his
majesty's courts of record, wherein no essoign, protection or wager of
law shall be allowed : the whole charge of prosecution to be taken out
of the half belonging to the informer.

And be it further enacted,

[Sect. 17.] That there shall be paid, by the master of every ship or
other vessell, coming into any port or ports into 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 Jers}', New York, Connecticut, New
Hampshire and Rhode Island), every voyage such ship or vessell does
make, one pound of good pistol-powder for every ton such ship or ves-
sell is in burthen : saving for that part which is owned in Great Britain,
this province, or any of the aforesaid governments, which are hereby

3G8 Peovince Laws.— 1747-48. [Chap. 8.]

exempted ; to be paid unto the commissioner or receiver of the duties
of impost, and to be emplo3-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 vessel!, to take the exact measure or tonnage thereof, in case he shall
suspect that the register of such ship or vessell doth not express and
set forth the full burthen of the same ; the charge thereof to be paid b}^
the master or owner of such ship or vessell, before she be cleared, and iu
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 oflicer shall not clear any vessell, until he be also certi-
fied, by the commissioner, that the duty of tonnage for the same is
paid, or that it is such a vessell for which none is payable according to
this act.

And be it further enacted,

[Sect. 19.] That when and so often as any wine or rum imported
into this province, the duty of impost upon which shall have been paid
agreeable to this act, shall be reship'd and exported from this govern-
ment to any other part of the world (the governments of New Hamp-
shire, Connecticutt and Rhode Island excepted) that then, and in every
such case, if the exporter of such wine or rum shall make oath, at the
time of shipping, before the receiver of impost, or his deputy, that the
whole of the wine or rum so ship'd has, bond fide, had the aforesaid duty of
impost paid on the same, and shall afterwards produce a certiflcate, from
some officer of the customs, that the same has been landed out of this
government, — or otherwise, in case such rum or wines be exported to
any place where there is no officer of the customs, or to any foreign port,
the master of the vessell in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, upon producing such certificate, or upon such oath
of the master, make oath that he verily believes no part of said wine or
rum has been relandedin this province,— such exporter shall be allowed
to draw back from the receiver of impost as follows ; viz'., —

For every pipe of Western Island wine, fiifteeu shillings.

For every pipe of Madeira and other sorts, eighteen shillings.

And for every hogshead of rum, fifteen shillings.

And he it further enacted,

[Sect. 20.] 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 tonnage of ship-
ping as aforesaid 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 entrys and duties arising by virtue of this act ; also, a particular
account of every vessell, 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 accompt for all collections and
pa3'ments, and pay all such moneys as shall be in his hands, as the
treasurer or receiver-general shall demand it. And the said commis-

[1st Sess.] Province Laws. — 1747-48. 369

sioner or receiver and his deputy or deputies, before their entring upon
the execution of their o'flice, 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. 21.] 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, 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 commissioner's ac-
compts, accordingly, to allow the payment of such salary or salarys, as
aforesaid, to himself and his deputies.

Provided,

[Sect. 22.] That no duties of impost shall be demanded for any
goods imported after the publication of this act, by vertue of any
former act for granting unto his majesty any rates, duties of impost,
&c. {^Passed June 29 ; published July 2.

370

Province Laws. — 1747-48.

[Chap. 9.1

ACTS

Passed at the Session begun and held at Boston,
ON the Twelfth day of August, A. D. 1747.

CHAPTER 9.

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 ESTABLLSHING THE WAGES, &c., OF SUN-
DRY PERSONS IN THE SERVICE OF THE PROVINCE.

Pay of the mem-
boTs of the
council.

Pay of the rep-
resentatives.

Pay of the
ofrieers and eol-
dicrs at Castle
William.

Richmond Fort.

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

[Sect. 1,] That from the beginning of the present session of the
general court, unto tlie end of their several sessions, till May next, each
member of the council shall be entitled to seven shillings and sixpence
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 secre-
tary, 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 he it further enacted,

[Sect. 2.] That each member of the house of representatives serv-
ing the time aforesaid, shall be paid five shillings per diem, upon cei'ti-
ficate, given by the clerk of the house of representatives, 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.] That the wages of the captain of Castle William shall
be after the rate of seventy-five pounds per annum, from the nineteenth
day of November, one thousand seven hundred and forty-six, to the
nineteenth day of November, one thousand seven hundred and forty-
seven ; of the lieutenant, for that term, fifty pounds ; of the chaplain,
fifty pounds ; of the gunner, forty pounds twelve shillings and sixpence ;
of the gunner's mate, fifty shillings per month ; of four Serjeants, each
thirty-seven shillings and sixpence per month ; six quarter-gunners,
each thirt^^-seven shillings and sixpence per month ; six corporals,
thirty-three shillings each per month ; two drummers, each thirty-three
shillings per month ; one armourer, fifty shillings per month ; of forty-
five centinels, each twenty-eight shillings per month : for their subsist-
ence, seven shilling and sixpence per week, per man.

And he it further enacted,

[Sect. 4.] That the wages of the captain of Richmond Fort, from
the twentieth day of November, one thousand seven hundred and forty-
six, to the twentieth day of November, one thousand seven hundred and
forty-seven, shall be at the rate" of fifty shillings per month ; of one
Serjeant, thirt3'-one shillings and threepence per month ; of one corporal,
thirt}' shillings per month ; of one armourer, thirty-seven shillings and
sixpence per month ; and for the chaplain, thirty-one pound five shillings

[2d Sess.] Province Laws.— 1747-48. 371-

l^er annum ; of one interpreter, eighteen sliillings and ninepence per
month, being a centinel ; and twelve centinels, twenty-eight shillings
and twopence per month.

And be it farther enacted^

[Sect. 5.] That the wages of the captain of the truck-house [on] Truck-house on
[o/] George's River, from the twentieth day of November, one thousand George's River.
seven hundred and forty-six, to the twentieth day of November, one
thousand seven hundred and forty-seven, shall be at the rate of fifty
shillings per month ; of one lieutenant, thirt3--two shillings and sixpence
per month ; of one Serjeant, thirty-one shillings and threepence per
month ; of two corporals, each thirty shillings per month ; of thirty-
three centinels, each twenty-eight shillings and twopence per month ;
of an armourer, seventeen shillings and sixpence per month; he being
lieutenant ; of one interpreter, thirtj'-seven shillings and sixpence per
month ; and of the chaplain there, thirty-one pounds five shillings per
annum.

And he it further enacted^

[Sect. 6.] That the wages of the commanding officer of the fort at Brunswick Fort.
Brunswick, from the twentieth day of November, one thousand seven
hundred and fortj'-six, to the twentieth day of November, one thousand
seven hundred and forty-seven, shall be at the rate of fifty shillings per
month ; of eleven centinels, each twenty-eight shillings and twopence
per month ; one serjeant, thirtj'-one shillings and threepence per month.

And be it further enaded,

[Sect. 7.] That the wages of one serjeant at the truck-house at Truck-house on
Saco, fi-om the twentieth day of November, one thousand seven hundred
and forty-six, to the twentieth day of November, one thousand seven
hundred and fortj'-seven, shall be at the rate of thirty-seven shillings
and sixpence per month ; of one corporal, thirt}' shillings per month ;
of twelve centinels, each twenty-eight shillings and twopence per month.

And be it further enacted,

[Sect. 8.] That the wages of the commanding officer at Frederick Frederick Fort.
Fort, from the twentieth day of November, one thousand seven hundred
and forty-six, to the twentieth day of November, one thousand seven
hundred and forty-seven^ shall be at the rate of fifty shillings per month ;
of the chaplain there, eighteen pounds fifteen shillings per annum ; and
twenty-one centinels, each at twenty-eight shillings and twopence per
month.

And be it further enacted,

[Sect. 9.] That before payment of any muster-rolls be allowed, oath Oath to be
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 entered thereon. [Passed Sexttember 8* ; published
September 14.

CHAPTEE 10.

AN ACT FOR GRANTING THE SUM OF NINETEEN HUNDRED POUNDS,
FOR THE SUPPORT OF HIS MAJESTY'S GOYERNOUR.

Be it enacted by the Governour, Council and House of Representatives,
That the sum of nineteen hundred pounds, in bills of credit of the
form and tenor last emitted, be and hereby is granted unto his most
excellent majesty, to be paid out of the publick treasury to his excel-
lency William Shirley, Esq'^'^., captain-general and governour-in-chief
in and over his majesty's province of the Massachusetts-Bay, for his
* So according to the record ; the date of signing is September 5, on the engrossment.

S72 Province Laws.— 1747-48. [Chap. 11.]

past<eervices, and further to enable him to manage the publick affau's of
the province. [Passed August 12 * ; published September 14.

CHAPTER 11.-

Preamble.

Suncook
proprietors
empowered to
assemble and
meet to choose
officers, &c.

AN ACT TO ENABLE THE PROPRIETORS OF SUNCOOK TO RAISE MONEY
FOR THE SUPPORT OF THEIR PRESENT MINISTER.

Whereas the proprietors of Suncook are under a special covenant to
support the Rev"^*^^. Mr. Whittemore, the present pastor of the church
there, but b}' reason of the late order of his majesty in council respect-
ing the northern boundary of this province, a difficulty has arisen in
assessing and collecting money for the purposes aforesaid, whereby
considerable inconvenience [s] has arisen, for the removal of which the
aid of this court is necessary, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives^

[Sect. 1.] That it shall be in the power of said proprietors of Sun-
cook to assemble and meet at the dwelling-house of Henry Abbot [t] of
Andover, in the county of Essex, in[w]holder, on the third Tuesday of
October next, at two a'elock in the afternoon, to choose a moderator
and clerk, and raise money on said proprietors, necessary to enable them
to fulfil [1] the said covenant, and to dcfrey the charge of the lawsuit
that has already been brought by the said minister against the said pro-
prietors, and the necessary expence of assessing and collecting the same ;
also, to choose assessors, collectors, and a treasurer, for assessing, col-
lecting and receiving the sum and sums so raised ; and to choose a com-
mittee to call the said proprietors together in March yearlj', and at such
other times as shall be found necessary for raising money to enable
them, from time to time, to fulfill the covenant aforesaid, and to defrey
other necessary ministerial charges for the future ; and to choose other
officers, as occasion may require : the said officers to obsei've the same
rules, in assessing and collecting the respective sums that may be
granted to be raised as aforesaid, as the parish assessors and collectors
are by law obliged to observe, and to be vested with the same power.

And to the intent the said meeting in October next may be season-
ably known, —

Ordered.,

[Sect. 2.] That Benjamin Johnson of "Woburn be directed to give
notice thereof in the " Boston Weekly Gazette[e]," on each of the four
weeks that shall next succeed the publication of this act, setting forth
the time, place and business of their said meeting.

[Sect. S.] This act to continue and be in force for the space of five
years from the publication thereof, and no longer. [Passed September
8t ; ])ublished September 14.

* This bill was passed to be enacted at the first session, but was not sitrned by the Gov-
ernor until the above date. According to the record the date of signing was Septemlier 8.

t So according to the record ; but according to the engrossment theGovernor signed the
bill September 5.

[2d Sess.] Province Laws.— 1747-48. 37J

CHAPTER 12.

AN ACT TN FURTHEE ADDITION TO AND FOR EXPLANATION OF CERTAIN
CLAUSES IN THREE SEVERAL ACTS HEREINAFTER MENTION'D, MADE
AND FASS'D IN THE [SIXTEENTH] [FIFTEENTH] SEVENTEENTH AND
EIGHTEENTH YEARS OF HIS PRESENT MAJESTY'S REIGN, FOR AS-
CERTAINING THE VALUE OF MONEY, AND OF THE BILLS OF PUB-
LICK CREDIT OF THIS PROVINCE.

"Whereas in and b^' an act made and pass'd in the fifteenth year of Preamble,
his present majesty's reign, [e][/]ntil[M]Ied "An Act to ascertain the n4i.42, chap. 12,
vahie 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," the several courts of judicature are directed, in
making up judgments for debts tli^t should be contracted within the
term of five years therein limit[^]ed, except as therein excepted, in
case the province bills b}^ said act emitted, or that should thereafter
be emitted, should be depreciated below the value they were set at
by said act, to allow the creditor so much in said bills as should rhake
amends for their depreciation below their then stated value, or the
value at which such other bills should be stated ; and tchereas in the
rule by said act prescribed for determining the value of such bills, from
time to time, for the purpose afores[ca']d, only silver and bills of ex-
change are made the standard whereby said bills are to be estimated iti
order to the paym[en]t of private debts to be contracted within the
time afores[aiJd ; which rule, by experience, has been found to be un-
equal, and not to answer the good intention of the said act, inasmuch
as the bills of credit, being the only medium of trade and commerce in
tliis and the other governm[e?i]ts in New England, their value cannot be
truly estimated b}' the prices of any one or two particular commodities
or merchandizes, such as bills of exchange and silver now are, and have
for several 3-ears past been, within this and the afores[oi]d other colo-
nies, and the prices of which in bills of publick credit have been found
liable to be very suddenl}' and immoderately increased b}" a few persons
for the sake of serving their own particular trade or interest, whereby
the bills of credit have often been, to the great gr[ei][/e]vance of debt-
ors, much depreciated with respect to bills of exchange and silver, tho',
at the same time, they have kept their value with respect to all other
commodities and merchandizes in this province : now, for preventing
an}' future inconvenience which ma}' arise to the debtor from estimat-
ing the value of bills of credit by comparing them with the prices of
bills of exchange, and silver, alone, —

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

[Sect. 1.] That when any valuation shall be made of the bills of Price of provi.
publick credit on this province, in pursuance of said act and for the cSdfredhi''*
purposes therein mentioned, regard shall be had not only to silver and the valuation of
bills of exchange, but to the prices of provisions and other necessaries
of life, and to the difference that may arise from the plenty or scarcity
of them, or other circumstances which may casually occasion the rise
or fall of them, at the respective seasons wherein such valuation shall
be made as aforesaid.

And whereas the aforemention'd act directs that the valuation of the
bills of publick credit as aforesaid, for the purposes afores[«^]d, shall
be made once in every six months b}' the general assembly, and in want
thereof by a com[?/i/i]tee consisting of the eldest councello[u]r for the
time being, in each of those counties where any member of his majes-

374 Peovince Laws.— 1747-48. [Chap. 12.]

t3''s council is an inhabitant ; and ivhereas the said act doth not ex-
pressly declare that the determination made by any number of the said
committee short of the whole, shall be accounted valid for the purposes
afores[ai]d, and doubts and disputes have thereupon arisen ; for pre-
vention whereof for the future, —

Be it enacted hy the Governour^ Council and House of Repfesent-

[cdi']ves^

Five councillors [Sect. 2.] That any five of the said councellors shall be a quorum ;

for vXmg'the' and cvcry Valuation of the bills of publick credit to be made by the

^''^^- whole number of the said councellors, or the major part of such of

them as shall convene and be present at the time of making the same

(provided the number present be not less than five, and that due notice

has been previously given to the rest that shall then be within this

province, of the time, place and occasion of their meeting), shall be

deemed and counted valid in the law for the purposes in said act men-

tion'd.

And whereas, altho' the method of making up judgm[enjt on private
debts, with allowance for the sinking of the value of the province bills,
1744-45, chap. 29. as prescribed in the aforesaid act and in another act made and pass'd
in the eighteenth year of his present majesty's reign, [e][i]ntit[w]led
" An Act in further addition to an act for ascertaining the value of
money, and of the bills of publick credit of this province," is limit-
[i]ed to debts contracted within or before certain periods mentioned in
said acts, respectively, and is not extended' to debts thereafter to be
contracted ; yet unless some certain term of time be limit[^]ecl for call-
ing in such debts, and for the continuance of the afores[c«']d method of
making up judgm[e>j.]fc thereupon, many of said debts may be long out-
standing, and, in consequence thereof, it will be requisite, for a rule to
the executive courts in their proceedings, that a valuation of said bills
be, from time to time, made either by the general assembly or such
others as by law are appointed for that service, 'till every of those debts
shall be discharged, how long soever that time may be protracted, to the
hindrance and interruption of the publick aflJairs of the province, or to
the great trouble, expence and loss of time to those concerned therein ;
for pi'evention of which and other inconvenienc[^■]es, —

Be it enacted by the Governo[_u']7; Council and House of Bepresent-
[^atilves, *

Limitation of [Sect. 3.] That in all and every action and actions which shall be

bJinghig actions brought from and after the last day of September, w[/ti]ch will be in
on this act. ^jjg y^^y. q^ ^yj. Lord one thousand seven hundred and forty-nine, the
aforementioned method of making up judgments in the several execu-
tive courts of this province, on all debts and dues contracted before the
last day of March, one thousand seven hundred and forty-seven, by
virtue or in consequence of the power and directions given in the acts
afores[fu']d, or either of them, shall cease and determine, and no allow-
ance shall be made in making up such judgments for any depreciation
Saving. of the bills of credit, unless the debt on which such action shall arise

did not become payable 'till after the last day of September, Anno
Domini one thousand seven hundred and forty-nine, or unless the cred-
itor now be and shall continue out of this province 'till after the ex-
piration of the said term, and have no lawful [1] agent or attorney
therein, or be a person non compos mentis, and have no lawful [1]
guardian, or be under* some other legal incapacity of bringing his
action for the recovery of such debt within the term hereinbefore
limit[^]ed for that purpose; and if after that term suit shall be
brought for any such debts, judgments shall be made up according to
the last valuation that shall have been then made.
Preamble. j^^^^ whereas in and by an act made and pass'd in the .seventeenth year

[2d Sess.] Province Laws.— 1747-48. 375

of his present majesty's reign, entitled " An Act in addition to and in 1743-44, chap. 7.
explanation of sundry clauses of an act, entitled ' An Act to ascertain
the value of mone}-', and of the bills of publick credit of this province,' "
made and pass'd in the [15th] \_fifteent]i'\ 3'ear of his maj[(?s]ty's reign,
it is enacted " That all debts contracted since the last of March, one
thousand seven hundred and fort^'-two, or that shall thereafter be con-
tracted, specialties and express contracts excepted, shall be deemed
and adjudged 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 aforesaid, shall or may be
alvva3's hereafter discharged by twenty shillings in said bills ; and so
pro rata for a greater or less sum, unless such bills have already, or
should hereafter be, depreciated below the value they passed at when
such debt was or shall be contracted ; and in such case so much shall
alwa^'s be allowed b}^ the respective courts in this province as shall •
make said bills equal in value to such debt when contracted."

And tvhereas the debts referred to in the said act appear, by the pur-
view thereof, to be such only as then had been or should be contracted
within five years from the last da}^ of March, one thousand seven hun-
dred and fortj'-two, yet as the said act has by some been construed to
extend to debts to be contracted after the expiration of said term, and
in consequence of such construction, if admitted, many inconveniencies
may arise ; wherefore, for prevention thereof, and for removing any
doubts or disputes touching the meaning of said act in the case before
mentioned, —

Be it enacted and declared by the Governoitr, Council and House of
Sejyresentatives,

[Sect. 4.] That the debts referred to and intended in the last herein- Time for con-
before-recited act are such only as had been or should be contracted !w""?f*''^'^
within the before-mentioned term of five years, from the last da}- of beneflt upon
March one thousand seven hundred and forty-two ; and that the rule fhe bms^'suted
therein given to the courts of judicature, respecting the allowance to be
made for the depreciation of the bills of publick credit, was intended
and shall be adjudged, construed and taken to be restrained to debts
contracted within the term aforesaid, and not to extend to any other
whatsoever. \^Passed September 12.

376 Province Laws.— 1747-48. [Chap. 13.]

ACT

Passed at the Session begun and held at Boston,
ON the Seventeenth day of November, A. D.
1747.

CHAPTER 13.'

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF THIRTY-
EOUR THOUSAND POUNDS, FOR DISCHARGING THE PUBLICK DEBTS,
&c., AND FOR DRAWING THE SAID BILLS INTO THE TREASURY AGAIN.

Be it enacted by the Governoiir, Council and House of Representatives,
£34,000 bills of [Sect. 1.] That the treasurer be and is hereby impow[e]red and
emitted? ° Ordered to issue forth the sum of thirt^'-four 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 since one thousand seven hun-
dred and forty, or if there be not a sufficiency of such bills, that
then the committee appointed by this court for signing bills be hereby
directed and impowered to take care and make effectual provision to
imprint the said bills, or so many as may be needed to compleat the
said sura, 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 b}^ this act reposed in them. And
the said sum of thirtj'-four thousand pounds shall be issued out of the
[p?<W/cA'] treasury for the purposes and in the manner following ; vizi^'^.,
£14,000 for the sum of fourteen thousand pounds, part of the aforesaid sum of thirty-

■\V1tyPS "it C'lStle 1 ' 1. »/

wiliirim and four thousaud pouuds, shall be applied for the pa3'ment of wages that
other garrisons, ^qw are or hereafter ma}" be due b}' virtue of the establishment of
Castle William, Frederick Fort, Richmond Fort, George's Truck-house,
Saco Truck-house, Brunswick Fort, the ship " Massachusetts Frigate,"
brigantine " Boston Packet," the sloop in the countr[e]y's service, and
^V'r° ^°'"^"*' ^^6 commissary's usual disbrh'sements ; and the sum- of eleven thousand
info a better' pounds, part of the aforcsaid sum of thirty-four thousand pounds, shall
defence &c. ^® applied for putting the province into a better posture of defence, for
paying off the officers and soldiers in the province service according
to the several establishments for that purpose, for purchasing all need-
ful warlike stores for the several forts and garrisons within this prov-
ince, pursuant to such grants as are or shall be made by this court for
me'nt'*^f°h-^^^' *^*^^® purposcs ; and the sum of five thousand eight hundred pounds,
majesty's coun- part of the aforcsald sum of thirty-four thousand pounds, shall be
cii, &e. applied for the payment of his majesty's council, and for the paj'ment

of all other matters and things for which any grant has been or shall be
made by this court, and for all l_other^ stipends, bount[y][/e]s and
premiums, established b}" law, or order of court, and for no other pur-
pose whatever.

And wJiereas there are sometimes publick entertainments, and, from

[4th Sess.] Province Laavs.— 1747-48. 377

time to time, contingent and unforeseen charges that demand prompt
payment, —

Be it further enacted^

[Sect. 2.] That the sum of two hundred pounds, part of the said £200 contingent
sum of thirty-four thousand pounds, shall be applied to defray and pay "^ ^'^''^'
such enterttiinments and contingent charges that demand prompt pay-
ment ; and the sum of three thousand pounds, part of the aforesaid sum £3,ooo for the
of thirty-four thousand pounds, shall be applied for the payment of the Sutiu've'^T
house of re[)resentatives in the general court during their several ses-
sions this present year.

And he it farther enacted^

[8ect. 3.] That if there be a surplusage in any sum appropriated, Surplusage to
such surplusage shall lye in the treasury for the further order of this ury.°
court.

And he it farther enacted,

[Sect. 4.] That each and every warrant for drawing monej'- 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 drafts are made to discharge ; and the treasurer is hereby directed to
pa3' 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 pay,
and to keep exact and distinct accompts of all payments made out of
such appropriated sums ; and the secretar}', 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 paj'ment
thereof.

And as a fund and securit}^ for drawing the said sum of thirty-four
thousand pounds into the treasur^'^ again, —

Be it enacted,

[Sect. 5.] That there be and hereby is granted unto his most excel- £21,000 in i748»
lent majesty, for the ends and uses aforesaid, a tax of twenty-one 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 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-eight, and paid into the publick treasury- on or before
the last da}' of December then next after.

And as a further fund and security for drawing in the said sum of
thirty-four thousand pounds, —

Be it enacted,

[Sect. G.] That the sum of ten thousand pounds, part of the afore- £10,000 in 1748.
said sum of thirt3'-four thousand pounds, be brought in by impost and
excise in the year one thousand seven hundred and fortj'-eight.

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- Tax to he made
lent majesty a tax of such sum or sums as shall be paid to the repre- the repi-esenta-
sentatives 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 according
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 respective
districts, shall pay in the same when they pay in the next province tax
for the next year, of which the treasurer is hereby directed to keep a
distinct and separate accompt ; and if there be any surplusage, the
48

378

Province Laws.— 1747-48. [Chap. 13.]

Tax for the
money hereby
emitted, to be
made according
to the preceding
tax act, in case.

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

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

same shall l^-e in the hands of the treasurer for the further order of
this court.

And be it farther enacted,

[Sect. 8.] That in case the general court shall not at their session
in Ma}-, one thousand seven hundred and forty-eight, agree and con-
chide upon an act for raising the aforesaid sum of ten thousand pounds,
b}' impost and excise, in the year one thousand seven hundred and forty-
eight, and also upon an act apportioning the aforesaid sum of twenty-
one thousand pounds, which by this act is engaged shall be, in said
year, 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 of ten thousand pounds and twenty-
one thousand pounds 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 directed and fully impowered, some
time in the month of June, in the year one thousand seven hundred
and forty-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 i)ei"sonal,
within their several towns and districts, for their respective part and
proportion of the said suras of ten thousand pounds and twenty-one
thousand pounds before directed and engaged to be raised and assessed
by this act ; 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,

[Sect. 9.] That the inhabitants of this province shall have liberty,
if the}' 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 b}' 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 coin, proportionably ; or in merchantable hemp, flax,
winter and I[s][Z]le-of-Sable codfish, refined bar-iron, bloomery-iron,
hollow iron-ware, Indian corn, rye, wheat, barley, beef, pork, duck or
canvas, whalebone, cordage, train-oil, beeswax, tallow, peas[e], sheeps-
wool, or tann'd sole-leather (the aforesaid commodities being of the
produce or manufactures of this province), at such moderate rates
and pri[c}[z]es as the aforesaid general assembly of the year one
thousand seven hundred and forty-eight shall set 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 com-
modities to the province treasury ; but if the aforesaid general assem-
bly shall not, at their session in May, some time before the twentieth
day of June, in said year, agree upon and set the aforesaid species and
commodities at some certain price, that then the eldest councello[u]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 autliorized and impow[e]red to do it ; and in their
settling the prizes and rating 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 hereb}' directed to insert in the sev-
eral warrants by him sent to the several collectors of the taxes in said
year, with the names of the afore-recited commodities, the several rates

[4th Sess.] Peovince Laws. — 1747-48. 379

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. 10.] And the aforesaid commodities so brought into the Treasm-erto
treasmy shall, as soon as may be, be disposed of* by the treasurer to commodities.
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 or 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 x>w ^'f'^" fo^' ^ greater or lesser sum ; and if any
loss shall happen by the sale of the aforesaid species, or by any unfore-
seen accident, such deficiency shall be made good by a tax of the year
next following, so as fully and effectually to call in the whole sum of
thirt3--four thousand pounds in said bills hereby ordered to be issued ;
and if there be a surplusage, it shall remain a stock in the treasury.
[^Passed December 12.*

* This bill was passed to be enacted at the thkd session, but was not signed by the
Governor until the above date.

380

Province Laws. — 1747-48.

[Chap. 14.]

ACTS

Passed at the Session begun and held at Boston,
ON the Third day of February, A. D. 1747-48.

CHAPTER 14.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY-
FIVE THOUSAND POUNDS FOR DISCHARGING THE PUBLICK DEBTS,
&c[a]., and FOR DRAWING THE SAID BILLS INTO THE TREASURY

AGAIN.

£25,000 bills of
credit to be
emitted.

£21,563 for pay.
ing officers and
soldiers.

£3,237 for pay.
ment of other
debts, &c.

£200 for public
entertainments,
&c.

Be it enacted hy the Governour, Council and House of Representatives,
[Sect. 1.] That the treasurer be and hereby is impow[e]red and
ordered to emit and issue forth the sum of twenty-five 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
and private payments, equal to other new-tenor bills emitted since one
thousand seven hundred and fort}', or if there shall not be a sufficiency
of such bills, that then the committee appointed b}' this court for sign-
ing bills are hereby directed and impow[e]red 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 by this act
reposed in them. And the said sum of twenty-five thousand pounds shall
be issued out of the treasury in manner and for the purposes following ;
vizi^'^., the sum of twenty-one thousand five hundred and sixty-three
pounds, part of the aforesaid sum of twenty-five thousand pounds, shall be
^PP^[.^] W^^^ for pa3-ingof such oflScers and soldiers as have done service
for the province, whose wages are now due, according to the several
establishments for that purpose,' for purchasing all needful warlike
stores and for the commissary's necessary disbursements for the service
of the several forts and garrisons, and other forces within this province,
pursuant to such grants as are or shall be n:iade by this court for those
purposes ; and the sum of three thousand two hundred and thirty-seven
pounds, part of the aforesaid sum of twenty -five thousand pounds, shall
be appl[y][?']ed for the discharging 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 establishment
nor any certain sum assigned for such service, and for paper, printing
and writing for this court, and the surgeon of Castle William, and
wooding of said castle ; and the remaining sum of two hundred pounds
shall be appl[y][i]ed to defrey the charge of any publick entertain-
ments, or any contingent unforeseen charges that demand prompt pay-
ment, and for no other use whatsoever.

[5th Sess.] Province Laavs.— 1747-48. 381

And be it further enacted^

[Sect. 2.] That if there be a surplusage in any sum appropriated, Surplusage to
such surplusage shall l[y][^]e in the treasury for the further order of ||^^»> "J*-* "'eas-
this court.

And he it further enacted^

[Sect. 3.] That each and every warrant for drawing money out of Warrants to ex-
the treasury, shall direct the treasurer to take the same out of such suras pHatlous."^^'""
as are respectively appropriated for the payment of such publick debts
as the drafts are made to discharge ; and the treasurer is hereby directed
and ordered to pay such money out of such appropriation 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 accompt[s] of all
pa^'ments made out of such appropriated sums ; and the secretai'y, to
whom it belongs to keep the muster-rolls and accompts of charge, shall
la}' before the house, when they direct, all such muster-rolls and ac-
compts after payment thereof.

And as a fund and security for drawing the said sum of twentj^-five
thousand pounds into the treasury again, —

Be it farther enacted^

[Sect. 4.] That there be and hereby is granted unto his most excel- £25,000 in 1:43.
lent majesty, for the ends and uses aforesaid, a tax of twenty-five 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, 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-eight, and paid into the public[A;] treasury on or
before the last day of December then next after.

And he it further enacted,

[Sect. 5.] That in case the general court shall not at their session Tax for the
in May, one thousand seven hundred and forty-eight, agree and conclude miuteci "to^bJ
upon an act apportioning the sum, which by this act is engaged shall "oTife m^ecedhfo-
be, in that year, apportioned, assessed and levied, that then and in such tax act, in case."
case each town and district within this province shall pay, b}' a tax to
be levied on polls, and estates both real and personal, within their dis-
tricts, the same proportions of the said sum as the said towns and
districts shall have been taxed by the great and general court in the
tax act then next preceeding ; and the province treasurer is hereby fully
impow[e]red and directed, some time in the month of June, in the 3"ear
one thousand seven hundred and forty-eight, to issue and send forth his
warrants, directed to the selectmen or assessors of each tawn and dis-
trict 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,

[Sect. 6.] That the inhabitants of this province shall have liberty, '^'^^^^^'^'l^^
if they see fit, to pay the several sums for which they respectively several species
ma.y, in pursuance of this act, be assessed, in bills of credit of the form ^e^''^^'" enumer.
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 an ounce, troy weight, of sterling alio}',
or in gold coin, proportionably ; or in merchantable hemp, flax, winter
and Iblle-of-Sable codfish, refined bai'-iron, bloomeiy-iron, hollow iron-
ware, Indian corn, rye, wheat, barley, pork, beef, duck or canvas,
whalebone, cordage, train-oil, beeswax, tallow, peas[e], sheepswool, or

382

Province Laws. — 1747-48.

[Chap. 15.]

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

Treasurer to
sell the said
commodities.

tann'd sole-leather (the aforesaid commodities being of the produce or
manufactures of this province), at such moderate rates and pri[c][^]es
as the general assembly of the _year one thousand seven hundred and
forty-eight 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 treas-
ury ; but if the aforesaid general assembly shall not, at their session
in Ma}', some time before the twent[3'][i]eth day of June, in said 3ear,
agree upon and set the aforesaid species and commodities at some
certain rates and prices, that then the eldest counc[i][?]ll[e][c»]r, 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 treas-
urer, or the major part of them, be a committee, who are hereby
authorized and fully impow[e]red to do it ; and in their set[^]ling the
pri[c] [^jes and rating the value of those commodities, to set 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 said j'car, 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 afore-
said, and direct the aforesaid collectors to receive them so.

[Sect. 7.] And the aforesaid commodities so brought into the treas-
ury 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 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 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 d[i][e][f]ficiency shall be made good by a tax of the j'car
next following, so as full}^ and effectually to call in the whole sum of
twenty-five 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 February 24, 1747-48 ; published March 31, 1748.

CHAPTER 15.

AN ACT FOR ALTERING THE TIMES APPOINTED FOR HOLDING THE
SUPERIOUR COURT OF JUDICATURE, COURT OF ASSIZE AND GENERAL
GOAL DELIVERY, WITHIN AND FOR THE COUNTIES OF ESSEX AND
BRISTOL.

Preamble. Whereas the timcs by law appointed for holding the superiour court

1699-^1700, chap, of judicature, court of assize and general goal delivery at Salem, within
anil for the county of Essex, and at Taunton, within and for the county
of Bristol, are found to be inconvenient, —

Be it therefore enacted by the Governour, Council and House of Bepre-
sentatives,

[Sect. 1.] That the time for holding the said superiour court of
judicature, court of assize and general goal delivery at Salem, for the
county of Essex, shall henceforth be the third Tuesday in October an-
nually ; and the time for holding the said court at Taunton, for the
county of Bristol, shall henceforth be the second Tuesday in May annu-

3, §2.

17l-i-43, chap.32,

§2.

1745-46, chap. 21.

1746-47, chap. 15.

Alteration of
courts at S.ilcm
and Taunton.

[5th Sess.] Province Laws. — 1747-48. 383

alh^ ; and all officers and other persons concerned are required to con-
form themselves accordingly.

And be it further enacted,

[Sect. 2.] That all appeals, writs of rev[ei][?e]w, recognizances,
warrants and other process already issued, taken or depending in the
said county of Bristol, which were to have been returned or proceeded
on at the time heretofore appointed by law for holding the said court at
Taunton, shall be valid and stand good, to all intents and purposes in
the law, and shall be returned and proceeded on at the time appointed
by this act for holding the same. [Passed February 23, 1747-48 ; pub-
lished March 31, 1748.

CHAPTER 16.

AN ACT FOB EXPLAINING AN ACT, [E][7]NTIT[U']LED "AN ACT TO PRE-
VENT AND MAKE VOID CLANDESTINE AND ILLEGAL PURCHASES OF
LANDS FROM [THE] INDIANS," SO FAR AS RELATES TO THE DE-
VI[C][S]E OR BEQUEST OF ANY REAL ESTATE BY THE LAST WILL
AND TESTAMENT OF ANY INDIANS.

Whereas doubts have arisen, whether the act pass'd in the thirteenth Preamble,
year of King William the Third, [e][i]ntit[tt]led "An Act to prevent 1701.2, chap. ii.
and make void clandestine and illegal purchases of lands from the In-
dians," doth extend to any device or bequest of real estate made by the
last will and testament of an}' Indian, —

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

That the said act was intended to extend, and did, doth and ought to Explanation of
be understood to extend, to all devises of real estates made by the last to Mian8''8efu
wills and testaments of an}' of the said Indians ; and all such devises ing lands.
of lands or other real estate, whatsoever, by any last will and testament
from au}^ Indian or Indians inhabiting within this province, to any
English person or persons, that have been heretofore made and have
not been approved by the general court, and also all such as shall
hereafter be made, unless the approbation of the general court shall
be obtained, are hereby declared utterly void and of no effect. \_Passed
March 3, 1747-48 ; published March 31, 1748.

Notes. — There were six sessions of the General Court this year ; but no acts were passed
at the third and sixth sessions.

The engrossments of all the acts of this year are preserved, and aU were printed with the
sessions-acts, except chapters 1 and 8, which being, respectively, the tax act and impost act,
were printed .separately.

Secretary Willard enclosed all the acts of this year with his letter to Secretaiy Hill, dated
Novcmljcr 1, 1748. On the 8th of February, following, these acts were referred by the
Board of Trade to Mr. Lamb for his opinion thereon in point of law, but no evidence has
been discovered that they were ever laid before the Privy Council. As late as June, 1754,
a memorandum in the records of the Board of Trade states that chapters 3 and 5 were
never laid before the Crown.

On the morning of the 9th of December, 0. S., this year, the court-house in Boston was
destroyed by fire, and with it a large part of the records of the Province. The following is
the record of the course taken by the Assembly to replace the lost records : —

" Dec" 9, 1747. In the House of Represenr^s Ordered that M"" Frost, Cap' Partridge &
Col" Otis with such as the Hon'^i" Board shall appoint Ije a Committee to enquire after and
secure any Books Records & Papers that may have been prescrv'd from the Flames which
consum'd the Court House this morning — In Council, Read and Concur'd — & Josiah Wil-
lard, Sam" Welles and Andrew Oliver Esq" are joined in the affiiir.

In the House of Represent"^ The House taking into further Consideration the AwfuU
Providence of God in the Destruction of the Court House & great Part of the Public
Records by Fh-e.

Ordered that M' Speaker Col" Stoddard, Col" Heath, Col" Choate, M>- Frost Cap* Par-
tridge & Col*> Otis with such as the Hon'-'« Board shall join be a Committee to consider and

384 Province Laws.— 1747-48. [Notes.]

Report what is necessary to be done by the Court at this juncture — In Council, Read &
concur'd & Jo!>iah Willard, Sam" Welles, John Cushinsj, John Chandler & Andrew Oliver
Esq'* are joined in the atTair." — Council Records, vol. X VIII., p. 261.

" Decern'' 11, 1747. Josiah Willard Esq"" from the Committee of both Houses appointed
to Consider the Circumstances of the Province in Relation to the Desolation of the Court
House— gave in the following Report, viz.

The Committee appointed to Consider what may be prober for this Court to do with
respect to the Circumstances the pnl)lic afifliirs of the Province are brought into by the late
Burning of the Court House &c. Report as their Opinion that the Secretary be directed
forthwith to get the Duplicate of the General Court Books, now in his Hands fairly tran-
scrib'd & when finished that they be kept in a Scperatc place from the said Duplicate : That
forasmuch as the said Duplicate reaches no further than the fifth of July 1737, The Agents
of this Province in London he directed to procure if possiljle from the Lords Commissioners
of Trade and Plantations, the Copies of the said Generall Court Books from the said fifth
of July 1737, to the fourteenth of February last, now lying in their Office, the said Agents
leaving Copys thereof in the said office, to be drawn in the Cheapest manner they can, by
employing some other Persons than the Clerks of that office, if that may be allow'd; But
if the said Copies now laying in that Office cannot be obtained, that then the Cojiys taken
from them, as above, being first examin'd and attested by the said Agents be bonnd up in
three Volumes, leaving in each Book a number of Leaves for a Table & trausmiticd here as

soon as may lie That the Agents be also directed to enquire into the state of the minutes

of Council of this Province from the Year 1G92 to the End of Felnmary last, (suppos'd to
ly in the said Plantation Office) whether they are complcat, and if so at what expence they

may be procur'd ? and inform this Court as soon as may Ije That the Scci-ctary record

in his Office the first or Old Charter of this Province And the Charter of King William &
Queen Mary with the Commissi of the Governour Lieut. Governour Justices of the Supe-
riour Court & his Own.

That the Clerks of the Peace be directed to send into the Secretary's Office, perfect Lists
of the Justices of the Peace (clistinguishing those that are in the Quorum) & the Justices
of the Inferiour Court & Common Pleas in theii" respective Countys. In the name of the
Committee— J. Willard

In the House of Representees Read & Ordered that this Report be accepted.

In Council; Read & Concur'd, and Consented to by the Governour." — Ibid., p. 262.

*'Dec' 11, 1747. In the House of Represent*''^ Ordered that the Secretary be directed to
improve as many Clerks as he shall judge Necessary for drawing Duplicates of the Records

of the Generall Court of the Province. In Council Read and concur'd Consented to by

the Governour." — Ibid., p. 263.

" Decemr 1st, 1749. In the House of Representees Ordered that the Secretary be directed
to employ some proper Persons, at the Charge of the Province, to put all the Papers which
were saved from the Flames in the late Fire which consumed the Town House, upon File
in proper Order. In Council ; Read & Concur'd Consented to by the Lieu' Govern^" —
Ibid., vol. XIX., p. 76.

Chap. 4. " June 13, 1746. In the House of Representees Voted that all Persons be
strictly forbidden to beat any Drums within ten rods of the Court House during the Sitting
of either House, upon pain of the displeasure of this Court, unless by order of the Gov-
ernor and Council.

In Council Read and Concur'd. Consented to by the Governor." — Ibid., vol. XVII., b.
5, p. 52.

Chap. 11. "April 24. 1747. A Petition of William Lovejoy & others Inhabitants of a
place called Suncook, setting forth their difficulties by reason of their being taken within
the boundaries of New Hampshire, upon running of the Northern line & the Government
of New Hampshire casting of all care of them ; shewing also that their late Minister has
recoverd Judgment against them at the Quarter Sessions held at Charlestown in this Prov-
ince for nine j-ears Arrearage of Salary and inasmuch as the Petitioners had no opportunity
to defend themselves against this action having no knowledge of it till Judgment was pass'd,
therefore praying for "Relief from this Comt, as to this Judgment ^ Execution & the
claims of New Hampshire men to their lands.

In the House of Representees Read & Ordered that the consideration of this Petition be
refer'd till the next May Session, and Execution within mentioned is stayed in the mean
time.

In Council Read & Concur'd. Concented to by the Govcmov."— Ibid. , vol. X VIIL, p. 123.

" May 30. 1747. On the petition of William Lovejoy & others of Suncook, praying as
enter'd the 23 J of April last.

In Council, Read & Order'd that Samuel Welles, Joseph Wilder, & John Chandler
Esq" with such as the Honb'e House shall join be a Committee to take this petition under
' consideration & report what thev judge proper for this Court to do thereon.

In the House of Representees Read & Concurr'd, and Mr. Hubbard, Mr Lee Cpt. Gardner
& Coll. Gerrish are joined in the Si^MV."—Ibid.,p. 138.

" June 3. 1747. Sanmcl Welles Esq"- from the Committee of both Houses on the petition
of William Lovejoy & others of Suncook gave in their Report.

In the House of Representee Read & Ordered that this Petition be recommitted : & the
Committee are directed to hear the Parties ; or any ijcrson Avho shall appear on thek behalf;
& report as soon as may be what they judge proper for this Court to do thereon.

In Council, Read & Concmi-'il."—Ibid., p. 140.

"August 25. 1747. John Hill Esq'' from the Committee on Suncook Affair reported as
follows.

The Committee to ■whom was referr'd the petition of the Proprietors of a place called
Suncook, report that the said Proprietors be impower'd to collect the Assessment ah-eady
made, for the payment of the Arrearages of the Minister's Salary, also to raise. Assess &

[Notes.] Province Laws. — 1747-48. 385

collect, such sums of money as may be needful! to enable them for the future to fullfill their
Contract with him & to pay the charges of the suit mentioned in the petition ; and that the
petitioners have leave to bring in a bill accordingly.

In Council, Read & Accepted.

In the House of Representees Read & Concurr'd. — Ibid ,p. 201.

Chap. 15. " October 11, 1746. In the House of Represent^'. "Whereas the time for hold-
ing the Su]»crior Court of Judicature Court of Assize & General Goal Delivery at Bristol is by
Law cstal)lishcd to be on the fourth Wednesday of Octol^er & the time for holding the Court
of general Sessions of the peace & Inferior Court of Common Pleas at Barnstable within &
for the County of Barnstable is by Law established to he on the thii'd Tuesday of October,
which this j-ear happens to be on the day immediately before the said fourth Wednesday
& many persons being obliged to give their attendance at the said Superior Court of Judi-
cature & Court of Assize as also at said Court of General Sessions of the peace & Inferior
Court of common pleas which renders it impracticable to have all the before mentioned
Courts to sit on the Days aforesaid.

Therefore Ordered that the said Court of General Sessions of the Peace & Inferior Court
of Common Pleas be adjourn'd to the first Tuesday of November next & all officers & per-
sons, concern 'd in said Courts are ordered to confine themselves to that time & all Writs,
Pleas & Processes, whatsoever are to be hear'd adjudged & determined at that time as fuUy
to aU Intents & purposes as if said Court sat on the thii'd Tuesday of October.

In Council Read & Concur'd. Consented to by the Govern'." — Ibid., p. 10.

ACTS,
Passed 1748-49.

[387]

ACTS

Passed at the Session begun and held at Boston,
ON tpe Twenty-fifth day of May, A. D. 1748.

CHAPTER 1.

AN ACT FOE, APPORTIONING AND ASSESSING A TAX OF NINETY-ONE
THOUSAND POUNDS; AND ALSO FOR APPORTIONING AND ASSESSING A
FURTHER TAX OF FOUR THOUSAND FOUR HUNDRED AND EIGHTEEN
POUNDS FIVE SHILLINGS, PAID THE REPRESENTATIVES FOR THEIR
SERVICE AND ATTENDANCE IN THE GENERAL COURT, AND TRAVEL;
AND NINETY POUNDS, SUNDRY FINES IMPOSED ON TOWNS FOR NOT
SENDING REPRESENTATIVES ; AMOUNTING IN THE WHOLE TO NINETY-
FIVE THOUSAND FIVE HUNDRED AND EIGHT POUNDS FIVE SHIL-
LINGS.

Whereas the great and general court or assembly of the province of
the Massachusetts Bay, did, at their session* in February, one thousand 1744.45, chap. 21,
seven hundred and forty-four, pass an act for lev3'ing a tax of twenty ^°-'
thousand and seven hundred pounds, in bills of credit by said act
emitted ; and, at their session in September,! one thousand seven hun-
dred and forty-six, did pass an act for levying a tax of five thousand 1740.47, chap. i4,
pounds, in bills of credit emitted by said act; and, af their session in ^■**
March, one thousand seven hundred and fortj'-six, did pass an act for
levying a tax of nine thousand seven hundred and fift}^ pounds, in
bills of credit emitted by said act ; and, at their session in May, one
thousand seven hundred and fort^^-seven, did pass an act for levying a 1747.48, chap. 2,
tax of eight thousand pounds, in bills of credit emitted by said act; ^^■
and, at their session in October, J the same 3'ear, did pass an act for 1747.48, chap. is,
levying a tax of twent3--one thousand pounds, in bills of credit emitted ^ ^*
by said act ; and, at their session in February, the same year, did pass
an act for levying a tax of twenty-five thousand pounds, in bills of 1747-48, chap. 14,
credit emitted by said act ; each of the several sums aforesaid to be § *•
assessed the present year, — amounting in the whole to eighty-nine thou-
sand four hundred and fifty pounds ; and [by] [in'] 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 the sum of four 1747.43, chap.is,
thousand four hundred and eighteen pounds five shillings, paid the ^'^'
representatives the last year, should be levied and assessed, this present
year, on the polls and estates of the several towns, according to what
their several representatives have respectively received ; and the assem-
bly aforesaid have also ordered that the sum often thousand pounds be 1747.48, chap.is,
brought into the treasury by impost and excise, or otherwise, by a tax ^ ^'

* This session began November 28, 1744, and, after several short recesses, was dissolved
April 25, 1745.
t This session began August 27.
j This session began November 17.

390 Province Laws.— 1748-49. [Chap. 1.]

on polls and estates this present year, all which sums amount to one
hundred and three thousand eight hundred and sixty-eight pounds five
shillings ; wherefore, for the ordering, directing and effectual drawing
in the sum of one hundied and thiee thousand eight hundred and sixt}'-
eight pounds five shillings, pursuant to the funds and grants aforesaid,
into the treasury, according to the apportionment now agreed to by this
court ; the sum of eight thousand three hundred and seventy pounds,
arising by the duties of impost, tunnage of shipping and excise, with
the sum of ninety pounds, fines, being first deducted, there remains the
sum of ninety-five thousand four hundred and eight[ee??]* pounds five
shillings to be drawn into the treasury in the following manner ; viz"^'^.,
ninety-one thousand f pounds by a tax on the polls and estates of the
several towns, and four thousand four hundred and eighteen pounds
five shillings, paid the representatives the last j'ear ; we, his majesty's
most loyal and dutiful subjects, the representatives in general court
assembled, pray that it may be enacted, —

And he 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 ninety-one thousand pounds, in bills of credit, and their representa-
tives' pay, and fines, four thousand five hundred and eight pounds five
shillings, the several sums following ; that is to say, —

•£95,408. . t £9§,990.

[1st Sess.] Province Laws. — 1748-49.

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Peovince Laws. — 1748-49.

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400 Peovince Laws.— 1748-49. . [Chap. 1.]

And be it further enacted,

[Sect. 3.] And the justices in the general sessions, in the respective
count [3'][/e]s assembled, in granting a county tax or assessment, are
hereby ordei-ed 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 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 else-
where, 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 [i}[e]mplo3'ment whatsoever, and all profits that
shall or ma}' arise by money or other estate not particular!}' 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 pa}' ; 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 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 up-
wards, at thirty shillings ; every horse and mare of three years old and
upwards, at forty shillings ; every swine of one year old and upwards,
at eight shillings; every g[r] oat 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 faeuUy ; and. if as guardian, or for any
estate, in his or her improvement, in trust, to be distinctly express[e]d ;
and the list or lists, so perfected and signed by them, or the major part of
them, to commit to the collectors or constables of such town or district,

'1st Sess.] Province Laws. — 1748-49. 401

and to return a certificate of the name or names of such collectors, con-
stable or constables, together with the sum total to each of them com-
mitted, unto himself, some time before the last day of October.

[Sect. 4.] And the treasurer for the time being, upon receipt of
such certificate, is hereby impoweied 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 sura 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
^•ear of our Lord one thousand seven luuidred and fortj-nine.

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, and rateable estate[s], and income b}' trade of faculty',
and gain by money at interest ; and if any person or persons shall neg-
lect 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 wheie the delinquent lives, to be lev[y][/]ed
by warrant from the assessors, directed to the collector or constable, in
manner as is directed for gathering town assessments, and to be paid
in to the town treasur}'' or selectmen for the use aforesaid : savuig to
the party ag[(/]rieved 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 anj^ falseness in the
list, by him presented, of the polls, rateable estate, or income b}- trade
or faculty, business or emj)loyment, 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, oftentimes, sundry^ persons, not belonging to this
province, biing considerable trade and merchandize, and by reason that
the tax or rate of the town where the}' come to trade is finished and
delivered to the constable or collector, and, before the next jear's as-
sessment, are gone out' of the province, and so pay nothing towards the
support of the government, tho'[?/^7i], in the time of their residing
there, they reaped 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
reside in any town within this province, and bring any merchandize, and
trade, to deal therewith, the assessors of such town are hereby impow-
ercd to rate and assess all such persons according to their circumstances,
pursuant to the rule and directions in this act provided, tho' the former
51

4;02 Peovince Laws.— 1748-49. [Chap. 1.]

rate maj- have been finished, and the new one not perfected, as afore-
said ; and the constables or collectors are hereby enjoyned to le\y and
collect all snch sums committed to them, and assessed on persons who
are not of this province, and pa}' the same in to the town treasury.

And be it further enacted,

[Sect. 8.] That the inhabitants of this province haA'e liberty, if
they see fit, to pay the several sums for which they respectivel}* may
be assessed at, as their proportion of the aforesaid sum of ninety-four
thousand five hundred and eight pounds five shillings, in bills of credit
emitted in and since the ^'car one thousand seven hundred and fort}^-
one, according to their denominations ; or in coined silver, at seven
shillings and sixpence per ounce, tro}' weight, or in gold coin in pro-
portion ; or in bills of credit of the middle tenor, so called, according
to their several 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[r]-ii-on, at fifteen pounds per ton ; or
in bloomery-iron, at twelve pounds per ton; or in h[a][o]llow iron-
ware, at twelve pounds per ton ; or in good Indian corn, at two shil-
lings and threepence per bushel[l] ; or in good winter rye, at two shil-
lings and sixpence per bushel[l] ; or in good winter wheat, at three
shillings j^er bushel[l] ; or in good barley, at two shillings per bushel[l] ;
or in good barrel [1] pork, at two pounds per barrel [1] ; or in barrel[l]
beef, at one pound five shillings per barrel[l] ; or in duck or canvas,
at two pounds ten shillings per bolt, each bolt to weish forty-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-o[i][?/]l, at one pound ten shillings per bar-
rel[l] ; or in good be[a][e]swax, at tenpence per pound; or in good
bayberr^'-wax, at sixpence per pound ; or in good tr^-ed tallow, at four-
pence per pound ; or in good pease, at three shillings per bushel [1] ; or
in good sheepswool, at ninepence per pound ; or in good, tann[e]d sole-
leal:her, at fourpence per pound : all which aforesaid commodities shall
be of the produce of this province, and, as soon as convenientl}' 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 paying their taxes in an}' of the commodities afore mentioned,
to run the risque and pay the charge of transporting the said commodi-
ties to the province treasury.

[Sect. 9.] And if an}^ loss shall happen by the sale of the afore-
said 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 treasnr}'.

And ivhereas by the late determination and order of his majesty in
council, the town of Bristol falls within the colony of Rhode Island ;
and part of the towns of Little Compton, Swan[s][2;]ey, Tiverton and
Barrington, by said determination, likewise falls within said colony ; and
altho it be just and equitable that a proportion of tlie debts contracted
by this government while the said towns were under the jurisdiction of
it, shoutd be paid by the inhabitants and estates of that part of said
towns which falls within the colony of Rhode Island, [and] [yd], inas-
much as no provision is made, by the aforesaid order of his majesty,
for raising and assessing the same, —

Be it farther enacted,

[Sect. 10.] That the treasurer be and hereb}' is discharged from
an}' part of the tax on said town of Bristol, and that part of the said
town[s] of Little Compton, Swanzey, Tiverton and Barrington, Avhich
now falls within the colony of Rhode Island, apportioned [in] this tax-
act, until his majesty's pleasure shall be signif[y][i]ed thereupon.

[1st Sess.] Province Laws.— 1748-49. 403

And be it further enacted,

[Sect. 11.] That all proceedings with respect to the tax on that
part of the said towns of Little Compton, Swan[s][2;]e3', Tiverton and
Barrington, which remains within this province, be regulated agreeable
to such orders as have passed or shall hereafter pass this court, any-
thing in this act to the contrary notwithstanding. [_Passed June 23 ;
published June 27.

CHAPTEK 2.

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 representatives
of the province of the Massachusetts Bay, in New England, being desir-
ous of a colateral 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 merchandizes that shall be
imported into this province, and tonnage of shipping, hereafter men-
tioned ; and pray that it maj' be enacted, —

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

[Sect. 1.] That from and after the publication of of* this act, and
during the space of one year, 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,
l)rQvisions, and every other thing of the growth and produce of New
England, and also all prize goods condemned in any part of this prov-
ince, exce[)ted), the several rates or duties of impost following ; viz'., —

For every pipe of wine of the Western Island, one pound.

For every pipe of Maderia, one pound five shillings.

For every pipe of other sorts not mentioned, one pound five shillings.

For ever}' hogshead of rum, containing one hundred gallons, one pound.

For every hogshead of sugar, sixpence.

For ever}' hogshead of molasses, fourpence.

For every hogshead of tobacco, ten shillings.

For ever}?^ 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 im-
ported from Great Britain excepted.

[Sect. 2.] And for any of the above wines, liquors, goods, wares
and merchandize, &(f-., that shall be imported into this province from
any other port than the places of their growth and produce, there shall
be paid by the im[X)rter double the value of impost appointed by this
act to be received for every species above mentioned, 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 duties shall be
paid in current money or bills of credit of this province of the last emis-
sion, by the importer of any wines, liquors, goods or merchandize, unto

• Sic.

404 Province Laws.— 1748-49. [Chap. 2.]

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
hereb}^ allowed to give credit to such person or persons, where his or
their dutj^of impost, in one ship or vessell, doth exceed the sum of three
pounds ; and in cases where the commissioner or receiver shall give
credit, he shall settle and ballance his accounts with every person, on or
before the last da}- of April, so that the same accounts may be ready to
be presented to this court in May next after. And all entrys, where the
impost or dutj' 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.

A7}d be it farther enacted,

[Sect. 4.] That all masters of ships or other vessells, 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 herein-
after 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 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 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 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
vessell from the port or ports such vessell came from, and that he hath
not broken bulk, nor delivered any of the wines, rum or other distilled
liquors or merchandize, laden on board the said ship or vessell, directly
or indirectl}' ; and if he shall know of any more wines, liquors, goods or
merchandize to be imported therein, before tlie landing thereof he will
cause it to be added to his manifest ; which manifest shall be agreeable
to a printed form for that purpose, which is to be filled up b}' the said
commissioner or receiver according to each particular person's entr^' ;
which oath the commissioner or receiver is hereby impowered to ad-
minister : 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 that behalf.

And he it farther enacted,

[Sect. 5.] That all merchants, factors and other persons, importers,
being owners thereof, or having any of the wines, liquors, goods or
merchandize consigned to them, that by this act are liable to pay impost
or duty, shall, by themselves or order, make eniry thereof in writing,
under their hands, with the commissioner or receiver, and produce unto
him an invoice of all such goods as pa}^ ad valorum,* 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 present ijrice of said goods at this market, and that,
bond fide, according to your best skill and judgment, 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 or 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.

* Sic.

[1st Sess.] Province Laws. — 1748-49. • 405

[Sect. 6.] And no wines, liquors, goods, wares or merchandize that
by this act are liable to pa}' impost or duty, shall be landed on any
wharlfe, 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 forfeiting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessell out of which the same shall be landed or put into any
warcliouse 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 con-
signed, then the cask wherein the same is, shall be gaig'd 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: pro-
vided such wines shall not have been filled up on board ; and that every
hogshead, butt or pipe of wine that hath two third parts thereof leaked
out, shall be accounted for outs, and the merchant or importer to pa}' no
duty for the same. And no master of any ship or vessell that 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 for-
feiting the sum of one hundred pounds.

[Sect. 9.] And if it may be made to appear that any wines im-
l^orted in any ship or^vessell lie decajed 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
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 vessell importing any
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 entered, nor the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandizes
are or shall be consigned. And it shall and may be lawful, 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, until he shall receive a
certificate, from the commissioner or receiver of the impost, that the
dut}^ for the same is paid, and until 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,
until 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 receiver of the impost in each
port, shall be and hereb}' is impowered 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 merchandizes 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 therefor not paid. And where any
goods, wares or merchandize are such as that the value thereof is not
known, wherebj' the impost to be recovered of the master, for the
same, cannot be ascertained, the owner or person to whom such goods,

406 Province Laavs.— 1748-49. [Chap. 2.]

waves 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 vessell, with her tackle, apparrell and
furniture, the master of which shall make default in an^'thing 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 eatred 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 suffi-
cient to satisfy said judgment, may be taken in execution for the same ;
and the commissioner or receiver of the impost is hereby irapowered to
make seizure of the said ship or vessell, and detain the same under
seizure till judgment be given in any suit to be commenced and prose-
cuted for any of the said forfeitures or impost ; to the intent that, if
judgment be rendered for the prosecutor or informer, such ship or ves-
sell 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 of such ship or vessell from under seizure or restraint,
shall give sufficient securit}" unto the commissioner or receiver of im-
post 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 to 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 vessel, outward bound, until he shall be certified, by the commis-
sioner or receiver of the impost, that the duty and impost for the goods
last imported in said 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 an}' wines or liquors, for such private adventures as
shall belong to the master or seamen of such ship or vessel, at the dis-
cretion 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 ancl expressed, shall be abated.

And for the more effectually preventing any wines, rum or other dis-
tilled spirits being brought into this province from the neighb9uring
governments, by land, or in small boats and vessells, or any other way,
and also to prevent wines, rum and other distilled spirits being first
sent out of this province, to save the duty of impost, and afterwards
brought into this government again, —

Be it enacted^

[Sect. 15.] That the commissioner and receiver of the aforesaid
dutys of impost shall, and he is hereby impowered and injoyned to, ap-
point some suitable person or persons as his deputy or deputys, in all
such places in this province where it is likely that wine, rum and other
distilled spirits will be brought out of other governments into this ;
which officers shall have power to seize the same, unless the owner shall
make it appear that the dut}- of impost has been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distilled spirits brought o.r relanded in this govern-

[1st Sess.] Province Laws.— 1748-49. 407

ment, where the diit}' is not paid as aforesaid, and to seize and secure
the same for the ends and uses as in this act is hereafter provided.

And he it further enacted,

[Sect. 16.] That all penalties, fines and forfeitures accruing and
arisiug by virtue of this act shall be one half to his majesty for the
uses and intents for which the aforementioned dutys 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
mnjesty's courts of record, wherein no essoign, protection or wager of
law shall he allowed ; the whole charge of 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 ATSsel, coming into an}^ port or ports of this province, to trade or
traffick, 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, Connecticut, New
Hampshire and Rhode Island), every vo3"age such ship or vessel does
make, one pound of good pistol-powder for every ton such ship or vessel
is in burthen : saving for that part which is owned in Great Britain, this
province, or any of the aforesaid governments, which are hereby ex-
empted ; to be paid unto the commissioner or receiver of the dutys of
impost, and to be employed for the ends and uses aforesaid.

[Sect. 18,] And the said commissioner is hereb}^ impowered to ap-
point a meet and suitable person, to repair unto and on board an}' ship
or vessel, to take the exact measure or tunnage 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 shall be cleared,
la case she shall appear to be of greater burthen : otherwise, to be paid
by the commissioner out of tlie 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 commissioner, that the dut}' of tonnage for the same is
paid, or that it is such a vessel for which none is paj^able according to
this act.

A7id be it further enacted,

[Sect. 19.] That when and so often as any wine or rum imported
into this province, the dut}' of impost upon which shall have been paid
agreeable to this act, shall be reshipped and exported from this govern-
ment to an}' other part of the world, that then, and in every such case,
the exporter of such wine or rum shall make oath, at the time of ship-
ping, before the receiver of impost, or his deputy, that the whole of the
wine or rum so shipped has, bond fide, had the aforesaid duty of impost
paid on the same, and shall afterwards produce a certificate, from some
officer of the customs, that the same has been landed out of this govern-
ment,— or otherwise, in case such rum or wines shall be exported to
any place where there is no officer of the customs, or to any foreign
port, the master of the vessel in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, upon producing such certificate, or upon such oath
of the master, make oath that he verily believes no part of said wines
or rum has been relanded in this province, — such exporter shall be
allowed to draw back from the receiver of impost as follows ; viz'., —

For every pipe of Western-Island wine, fifteen shillings.

For every pipe of Madeira and other sorts, eighteen shillings.

And for every hogshead of rum, fifteen shillings.

408 Phovince Laws.— 1748-49. [Chap. 3.]

And be it further enacted,

[Sect. 20.] That there be one fit person, and no more, nominated
and appointed by this court, as a commissioner and receiver of the
aforesaid dut3-s of impost and tunnago of shipping, and for the inspec-
tion, care and management of the said oflice, and whatsoever relates
thcr to, to receive commission' for the same from the governour and 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
shipping as aforesaid that shall become due within such port, and to
render the accompt thereof, and to pay in the same, to the said commis-
sioner and receiver : which said commissioner and receiver shall keep
fair books of all cnti'ys and dutys arising by virtue of this act ; also, a
particular account of every vessel, so that the dutys of impost and tun-
nage 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 account for all collec-
tions and payments, and pay all such monys as shall be in his hands,
as the treasui-er or receiver-general shall demand it. And the said com-
missioner or receiver and his deputy or deputys, before their entering
upon the execution of their office, shall be sworn to deal truly and faith-
fully therein, and shall attend in the said office from ten of the clock in
the forenoon, until one in the afternoon.

[Sect. 21.] And the said commissioner and receiver, for his labour,
care and expences in the said ofilee, shall have and receive, out of the
province treasury, the sum of fifty pounds per annum ; and his deputy
or deputys to be paid for their service such sum or sums as the said
commissioner and receiver, with the treasurer, shall agree upon, not
exceeding ten pounds, per annum, each ; and the treasurer is hereby
ordered, in passing and receiving the said commissioner's accompts,
accordingly, to allow the payment of such salary or salarys, as afore-
said, to himself and his deputys.

Provided,

[Sect. 22.] That no dutys of impost shall be demanded for any
goods imported after the publication of this act, by virtue of any
former act for granting unto his majest}' any rates and duties of impost,
&c*. \^Passed June 23 ; published June 27.

CHAPTER 3.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF ONE HUN-
DRED THOUSAND POUNDS, FOR DISCHARGING THE PUBLICK DEBTS,
&cCa]., and FOR DRAWING THE SAID BILLS INTO THE TREASURY
AGAIN.

Be it enacted by the Governour, Council and House of Representatives,
£100,000 bills of [Sect. 1.] That the treasurer be and hereb}' is impow[e]red and
emitted? ^^ Ordered to emit and issue forth the sum of one hundred 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
and private payments equal to other new-tenor bills emitted since one
thousand seven hundred and forty ; and the said sum of one hundred
thousand pounds shall be issued out of the treasury in [the^ manner

[1st Sess.] Province Laws.— 1748-49. 409

and for the purposes followincf ; vizf^'^., the sum of forty thousand £40,000 for

, ^ Vp A ^ -1 c I 114-1 1 1 Castle William

pounds, part of the aforesaid sum of one hundred thousand pounds, and other fons,
shall be appl[v][«]ed for the pa3-ment of wages that now are or that ^'='
hereafter may be due b}- virtue of the establishment of Castle William,
Frederick Fort, Richmond Fort, George's Truck-house, Saco Truck-
house, Brunswick Fort, and tlie sloop in the country's service, and the
forces up;*n the eastern and western frontiers; and the sum of thirty- £34,000 for pur.
four thousand pounds, part of the aforesaid sum of one hundred thou- gJjf/e's\T'^''^^
sand pounds, shall be appl[3'][(']ed for purchasing all needful warlike
stores, and for the commissary's necessary disbursements for the service
of the several forts and garrisons and other forces within this province,
pursuant to such grants as are or shall be made by this court for those
purposes ; and the sum of eighteen thousand pounds, part of the afore- £i8,ooo for the
said sum of one hundred tliousand pounds, shall be appl[y][i]ed for cou^ii"grIntl!
the payment of his majesty's council and such other grants as are or Ke-
shan be made b}' this court, and for the paj'ment of sti[)ends, 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 the payment of out of the publick treasury, and for no
other purpose vihatsoever ; and the sum of three thousand pounds, part £3,000 for pay.
of the aforesaid sum of one hundred thousand pounds, shall be ap- ^eut of debts,
pl[v][/]ed for the discharge of other debts owing from this province to
persons that have served or shall sel've them by order of this court in
such matters and things where there is no establishment, nor an}' cer-
tain 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 sum of five hundred pounds, part of the aforesaid sum £5oo for contin-
of one hundred thousand pounds, shall be appl[y][?]ed to defrey any g'J^'charges,
contingent unforeseen charges that may demand prompt pa3'ment, and
fur no other use whatsoever ; and the sum of four thousand five hundred £4,5ooforthe
pounds, the remaining part of the aforesaid sum of one hundred thou- ^^^^'^^^'^ ^ ^''^^•
sand pounds, shall be appl[y][ijed for the paj'ment of the members of
the house of representatives serving in the general court during their
several sessions this present year.

And be it further enacted,

[Sect. 2.] That if there be a surplusage in any sum appropriated, Surplusage to
such surplusage shall l[3'][Qe in the treasury for the further order of ury."
this court.

And he it further enacted,

[Sect. 3.] That each and every warrant for drawing raonej" 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 and ordered to paj- such money out of such appropriation[s] 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 accounts of
all payments made out of such appropriated sums ; and the secretary,
to whom it belongs to keep the muster-rolls and accounts of charge,
shall lay before the house, when the^' direct, all such muster-rolls and
acco[mp][i«»]ts, after pa3'ment thereof.

And as a fund and security for drawing the said sum of one hundred
thousand pounds into the treasury again, —

Be it further enacted,

[Sect. 4.] That there be and hereb3^ is granted unto his most excel- £95,500 in 1749.
lent majest}', for the ends and uses aforesaid, a tax of ni net}' -five thou-
sand five 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
52

410

Province Laavs. — 1748-49.

[Chap. 3.]

Tax for the sum
paid the repre-
seutatives.

Tax for the
money hereby
emitted to bo
made according
to the preceding
tax act, in case.

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

How the com.

modities
brought into the
treasury are to
be rated.

be agreed upon and ordered b}- this court at their session in INIay, one
thousand seven hundred and forty-nine, and paid into the publick treas-
ury 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.,

[Sect. o.J That there be and hereby is granted unto his most excel-
lent majesty, a tax of such sum or sums as shall be paid to the several
representatives as aforesaid, to be levied and assessed on the pulls 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 tlie said towns
shall make their assessment for this tax, and apportion the same accord-
ing to the rule that shall be prescribed 1)3- act of the general assembly
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 an}' sui'plusage, the
same shall l[y][i]e in the hands of the treasurer for the further order
of this court.

And he it further enacted,

[Sect. 6.] That in case the general court shall not, at their session
in May, one thousand seven hundrfed and forty-nine, agree and cunclude
upon an act apportioning the sum which by this act is engaged shall
be, in this year, 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 towns and
districts aforesaid shall have been taxed by the general court in the tax
act then next preceeding ; and the province treasurer is hereby fully im-
pow[e]red and directed, some time in the month of June, in the ^-ear one
thousand seven hundred and fort3'-nine, to issue and send forth his war-
rants, 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 re-
spective part and proportion of the sum before directed and engaged to
be assessed b}' this act ; and the assessors, as also all persons assessed,
shall observe, be governed hy, and subject to all such rules and direc-
tions as shall have been given in the next preceeding tax act.

And he it further enacted,

[Sect. 7.] That the inhabitants of this province shall have liberty,
if the}- see fit, to j^ay 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 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, refin'd bar-iron, bloomery-iron, hollow iron-ware, Indian corn,
rye, wheat, barley, 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
manufactures of this province) , at such moderate rates and prices as
the general assembly of the year one thousand seven hundred and
forty-nine shall set them at ; the several persons paying their taxes in
any of the commodities aforemention'd, 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 session iu

[1st Sess.] Province Laws.— 1748-49. 411

Ma}', some time before the twentieth day of June in the said year, agree
upon and set the aforesaid species and commodities at some certain
Ijrice, that then the eklest councell[e][o]r, for the time being of each of
those counties in tlie province, of which any one of tlie 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[e]red to do it ; and in their set [i] ling the prices and rating 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 of such year, with the names of the
afore-recited commodities, the several prices or rates which shall be set
on them, cither b}' the general assembl}' or the committee aforesaid, and
direct the aforesaid collectors to receive them so.

[Sect. 8.] And the aforesaid commodities, so brought into the Treasurerto
treasury, shall, as soon as may be, be disposed of by the treasurer to commocmies.
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 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 j)ro rata for a greater or less sum ; and
if anj' loss shall happen Ijy the sale of the aforesaid s[)ecies, or b}^ any
unforeseen accident, such d[i][e]f[f]iciency shall be made good b}' a
tax of the 3'ear next following, so as fully and effectually' to call in the
whole sum of one hundred thousand pounds in said bills hereb}' ordered
to be emitted ; and if there be a surplusage, it shall remain a stock in
the treasury. [^Passed June 23 ; published June 27.

CHAPTER 4

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES
AND SPIRITS DISTILLED, SOLD BY RETAIL, AND UPON LIMES, LEM-
MONS AND ORANGES.

We, his majesty's most loyal and dutiful subjects, the representatives Preamble,
of the province of the Massachusetts Ba}', in general court assembled, be-
ing desirous to lessen the present debt of the province, hy drawing in a
number of the bills of credit, 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 spirits distilled, and upon all wines whatso-
ever sold b}' retail, and upon lemmons, limes and oranges taken in and
used in making of punch or other liquors mixed for sale, or otherwise
consumed, in taverns or other licen[sj [c]ed houses within this province,
to be raised, levied, collected and paid by and upon every taverner,
iu[?iJholder, common victualler and retailer within each respective
count}', in manner following : —

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

[Sect. 1.] That from and after the twenty-ninth day of June, one Time of this
thousand seven hundred and forty -eight, for the space of three years, ^l^e.
every person licen[s][c]ed for retailing rum, brandy or other spirits, or
wine, shall pay the duties following : —

For every gallon of brandy, rum and spirits distilled, sixpence. Bates of excise.

412

PROVINCE Laws. — 1748-49.

[Chap. 4.]

Account to be
taken.

Form of oath.

Within six
months, ac-
counts to be
delivered.

Twenty per
cent, allowed
for leakage.

Proviso.

Penalty on
giving a false
account.

For eveiy gallon of wine of every sort, sixpence.

For every hundred of lemmons or oranges, live shillings.

For every hundred of limes, two shillings.
— And so proportionably fur an}- other quantity or number.-

And be it farther enacted,

[Sect. 2.] That everj' taverner, in[«.]holder, common victual[Z]er
and retailer, shall, upon the said twenty-ninth day of June, take an
exact account of all brand^', rum and other distilled spirits, and wine,
and of all lemmons, oranges 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 duties of excise in the respective counties shall be let or
farmed, as in and by this act is hereafter directed ; and such other per-
son[s] as shall be licen[s][c]ed during the continuance of this act,
shall also give an account, as aforesaid, uijon what brandy, rum or
other distilled spirits, and wine, and of what lemmons, oranges or
limes he or they shall have by him or them at the time of his or their
lictn[s][c]e ; which oath the person or persons farming the duties
aforesaid shall have power to administer in the words following ; viz., —

You, A. B., do swear that the account exhibited by you is a just and true
account of all brandy, rum and other distilled spirits, and wine, lemmons,
oranges 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 varied as
that instead of those words, " on the twentj'-ninth day of June last,"
these words shall be inserted and used, " at the time of taking your
licence."

And be it further enacted,

[Sect. 3.] That every taverner, in[w]holder, common victual[Z]er
and retailer shall make a fair entry in a book, of all such rum, brandy
and other distilled spirits, and wine, as he or they, or any for him or
them, shall buy, distill and take in for sale after such account taken, and
of all lemmons, oranges and limes taken in, consumed or used as afore-
said, and at the end of every six months, deliver the same, in writing,
under their hands, to the farmer or farmers of the duties aforesaid^ who
are impow[e]red 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
an}^ rum, brandy or other distilled spirits, or wine, sold, directly or indi-
rectly, or of any lemmons, oranges or limes used in punch or otherwise,
by him or them, or any under him or them, or by his or their privity
or consent, but what is contained in the account now exhibited, and
shall pay him the duty thereof, excepting such part as the fa[rmer*]
shall find is still remaining by him or them; twenty per cent to be
allowed on the liquors aforemention[e]'d for leakage and other waste,
for which no duty is to be paid.

Provided cdicays, and it is the true intent and meaning of this act, —

[Sect. 4.] That if any taverner, retailer or common victualler, shall
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 victual [Z]er 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, in[?i]holder, common victual [Z]er or
retailer, who shall be found to give a false account of any brand}^,

• The parchment is injured here.

[isT Sess.] Provixce Laws. — 1748-49. 413

distilled 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 talking
licen[s][c]e, or bought, distilled, or taken in for sale afterwards, or used
as aforesaid, or refuse to give in an acco[mp] [!(n]t, on oath, as aforesaid,
shall be rendered incapable of having a licen[s][c]e 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'^''^., b}' him^ or her sold within such time, would have
amounted to, to be paid to the said farmer.

Aiicl be it further enacted,

[Sect. 6.] That the justices in their general sessions of the peace General sos.
shall take recognizances, with sufficient sureties, of all persons by them recogni'zauce.
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, and for their
dul}' and truly rendering an account in writing under their hands as
aforesaid, and paying their excise in manner as afores[a«]d ; as also that
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 thirt}'
days after the granting of such licen[s][c]e, otherways the persons
licen[s][c]cd shall lose the benefit of his or her said licen[s][c]e ; and
no persons shall be licen[s][c]ed by the said justices that hath not ac-
counted 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.

And whereas, notwitlistanding the laws made against selling strong Preamble,
drink without licen[s][c]e, manj^ 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, with-
out licen[s][c]e 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 licen[s][c]es and pay
the excise greatly wronged and injured, —

Be it therefore further enacted,

[Sect. 7.] That whosoever, after the said twentj^-ninth day of June, Forfeiture of £3
one thousand seven hundred and forty-eight, shall presume, directly or outHcenfe.^a'
indirectly, to sell any brandy, rum or other distilled spirits, wine, beer,
cydef, perry or any other strong drink, in any smaller quantity 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
licen[s][c]e first had and obtained from the court of general sessions
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
afores[ai]d, shall stand closely and strictly committed in tlie common
goal of the county for three mouths at least, and not to have the
liberty of the goaler's house or yard ; and an}' goaler giving an}- 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
licen[s][c]ed 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, 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 the}^ shall be reputed the offender or
offenders, and shall suffer the same penalties as if he, she or they had
sold such drink themselves.

And be it further enacted,

[Sect. 8.] That when any person shall be complained of for selling Onc witness
any strong drink without licen[s][c]e, one witness produced to one convictiou."

414

Province Laws. — 1748-49.

[Chap. 4.]

Penalt}' for
eelliriE: strong
drink to ne-
groes, mulat-
toes, &c.

Persons aner
first conviction
to enter into
bonds.

Penalty on per-
sons refnsing to
give evidence.

sncli fact, and another produced to another, shall be sufficient convic-
tion, pi-ovi(kd that there be not more than the space of forty daj^s
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 suspected to sell strong drink without licen[s][c]e, any justice
of the peace shall have fall 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 dependen-
cies thereof; and if upon examination of such witnesses, and hearing
the defence of such suspected person, it shall appear to the justice there
is sufficient proof of the violation of this act by selling strong drink
without licence, judgment may thereupon be made up against such per-
son, and he shall forfeit and pay in like manner as if process had been
commenced by bill, plaint or information before the said justice, or
otherwise said justice may 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.

A7id be it further enacted^

[Sect. 9.] That when and so often as any person shall be com-
plained of for selling any strong drink without licence to any Indian,
negro or molatto slave, or to any child or other person under the age
of discretion, and upon the declaration of any such Indian, negro or
molatto slaves, child or other person under the age of discretion, and
other circumstances concurring, it shall appear to be highl}^ pi'obable in
the judgm[en]t of the court or justice before whom the trial shall be,
that the person complained of is guilty, then, and in ever}^ such case,
unless the defendent shall acquit him- or herself upon oath (to be ad-
ministred to him or her by the court or justice that shall try the cause),
such defendant shall forr[ie][e/]t 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[ai]d, the court or justice may and
shall enter uj) judgment for the defend [fm]t to recover costs.

And he it furthn' enacted,

[Sect. 10.] That after any person shall have been once convicted
of selling strong liquors without licence, contrary to this act, he shall,
upon every offence after such first conviction, be obliged to enter into
bonds, with one or more sureties, in the penalty of twenty pounris, to his
majesty, for the use of this governm[^n]t, that he will not, in like man-
ner, offend or be guilty of any breach of this act ; and upon refusal to
give such bond, he shall be committed to prison until[l] he shall comply
therewith.

Ayid be it further enacted,

[Sect. 11.] That if any person or persons shall be summoned to
appear before a justice of the peace, or the grand jury, to give evidence
rel'iting to any person's selling strong drink without licence, or to ap-
pear before the court of general sessions of the peace, or other court
proper to try the same, to give evidence on the tr[y][?-]al of any person
informed against, presented or indicted for the selling strong drink
without licence, and shall neglect or refuse to appear, or to give evi-
dence 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 afores[a?']d.
And when it shall so happen that w-itnesses are bound to sea before the
sitting of the court where any person or persons informed against, for
selling strong drink 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,
quorum unus, and sealed up and delivered into court, the adverse party

[1st Sess.] Peovixce Laws. — 1748-49. 415

having first had a notification in writing sent to him or her of the time
and place of caption, shall be esteemed as sufficient 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 tr[y][i"]al, and
given his, her or their deposition viva voce; and every person or per-
sons 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 inquired of,
sliall 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. 12.] That all fines, forfeitures and penalties arising by this How fines are to
act sliall and may be recovered by action, bill, plaint or information, l^^ recovered,
before any court of record proper to tr^^ the same ; and where the sum
forfeited does not exceed three pounds, by action or complaint before
any one of his majesty's justices of the peace in the respective counties
where such offence shall be committed ; which said justice is hereby
impow[e]rcd to tr}- and determine the same. And such justice shall
make a ftiir entr}' or record of all such his proceeding : saving ahvays
to any person or persons who shall think him-, her- or themselves
aggr[ei][/f]ved by the sentence or determination of the said justice, as
aforesaiti, liberty of appeal therefrom to the next court of general ses-
sions of the peace to be holdcn in and for said county, at which court »
such offence shall be finallj' determined : provided that in said appeal
the same rules be observed as are already by law required in appeals
from justices to the court of general sessions of the peace.

And to the end the revenue arising from the aforesaid duties of
excise ma}^ be advanced for the greater benefit and advantage of the
publick, —

Be it further enacted,

[Sect. 13.] That one or more persons, to be nominated and ap- Persons em.
pointed by the general court,for and within the several counties within ourthlexdle!™
this province, publick notice being first given of the time and place and
occa'iion of their meeting, shall have power, and are hereby authorized,
from time to time, to contract and agree with any person for or concern-
ing the farming the duties in this act mentioned, upon brand}', rum, or
otlier the liquors and commodities aforesaid, in the respective counties
for which they shall be appointed, as may be for the greatest prof [f] it
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 duties of excise in an}- count}^ shall be let 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.

A7id be it further enacted, '

[vSect. 14.1 That the farmer shall give bond with two sufficient Farmer to give
suielies, to the province treasurer for the time being, and his success- sum agreed for
ors in said office, in double the sum of money that s^hall be contracted pu^i-g'^treasury.
for, with condition that the sum agreed be paid into the province treas-
ury, for the use of the province, at the expiration of one A'ear from the
date of such bond ; which bojid the person or persons to be appointed a
committee of such county are to take, and the same to lodge with the
treasurer as aforesaid, within twenty' days after such bond is executed.
And the said treasurer, upon failure or neglect of payment at the time
therein limit[i]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

416 PROVINCE Laws.— 1748-49. [Chap. 4.]

afore mentioned ; and the said committee shall render an acconnt of
their proceedings touching the farming this dnty on rum, wine and other
the liquors and species afore mentioned, in their respective counties, to
the general court in the first week of their fall sessions, and shall receive
such sum or sums for their trouble and expences-in said affair as said
court shall think fit to allow them.

[Sect. 15.] And every person farming the excise in an}^ county
may substitute and appoint one or more deputies under him, upon oat!',
to collect and receive the excise aforesaid, which shall become due in
such count}', and pay in the same to the farmer ; which deputy or depu-
ties shall have, use and exercise all such powers and authorities as in
and by this act are given or committed to the farmers for the better
collecting the duties aforesaid, or prosecuting of offenders against
• this act.

And be it further enacted, anytliing hereinbefore contained to the con-
trary notwithstanding^
Ton^pound w^th ['^ECT. IG.] That it shall and may be lawful to and for the said
any retailer or farmers, and every of them, to compound and agree with an}' retailer or
innhoider. innholdcr 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 dis-
cretion shall think fit to agree for, without making any entry tliereof as
is before directed ; and all and every person or persons, to whom the
said excise or any part thereof shall be let or farmed, by themselves or
* their lawful substitutes, may and hereby are impow[eired 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 aliove his cognizance), any sum or
sums that shall grow due from any of the aforesaid duties of excise,
where the party or parties for whom the same is or shall become due
shall refuse or neglect to pay the same.
Ayid be it further enacted,
Penalty for [Sect. 17.] That in case any person farming the excise as afore-

^eputies offend- s[«i]d, or his dcput}', shall, at any time during their continuance in said
*"s- office, wittingly and willingly connive at, or allow, any person or per-

sons within their respective divisions, not licen[s][c]ed by the court of
general sessions of the peace, their selling any brandy, wine, 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 [v»'][^]hereof
■ shall be to his juajesty 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 oflSce.

And in order to discourage and prevent any groundless or vexatious
suits that may be brought against the farmer of excise, —
Be it enacted.
Farmer's liberty [Sect. 18.] That in all actious that maybe brought against the fiirmer
o p ea , -c. ^^ excise for any breach or neglect of his duty in the execution of his
offiice and trust, he shall have liberty to plead the general issue, and
thereupon give any special matter in evidence ; and in case judgment
shall be for the defendant he shall recover treble costs.
And be it farther enacted,
Provision in [Sect. 19.] That iu case of the death of the farmers of excise in

caseo ea , ^^^^^ county tlic cxccutors or administrators of such farmer shall, upon
their taking such trust of executor or administrator 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 this act. \_Passed June 23 ;
published June 27.

[1st Sess.] Peovince Laws. — 1748-49. 417

CHAPTER 5.

AN ACT FOR LEVYING SOLDIERS,

For the more speed}' and effectual le\ jing of soldiers for his majes- Preamble.
ty's service, when and so often as tliere shall be occasion for the same, 1744-45, chap. 2,
for the preservation and defence of his majesty's subjects and interests, 1746-47, chap. 21.
and the prosecuting, encountring, repelling or subduing such as shall at
an}' 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 disapp;)int-
ments, thro' the default of any employed in levying such soldiers, or by
the non-appearance of such as shall be levyed, —

Be it enacted bf/ the Governoui\ Council and House of Representatives^

[Sect. 1.1 That Avhen and so often as any chief officer of any regi- Duty of chief

^ -J •.'•—' oiiiccrs in IgvV"

ment of militia within this province shall receive orders from the cap- ing soldiers,
tain-general or commander-in-chief, for the time being, of the said prov-
ince, for the [im] pressing or causing to be impressed for his majesty'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 respective!}' 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 b}' the orders of the cai)-
tain-general or commander-in-chief he shall be directed to impress, on Penalty for not
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 mentioned), shall forfeit and pay a fine of fifty pounds.

[Sect. 2.] And every captain or other chief officer of any company Duty of the
or troop that shall receive any warrant from the chief officer of the a'l-'omp^^y or^
regiment whereto such companj' or troops belongs, for the impressing ""op-
out of the same any soldier or soldiers for his majesty's service, shall
thereupon use his utmost endeavour to impress, or cause to be im-
pressed,* so man}' 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 Penalty fornot
company or troop that shall neglect, or not do his utmost, to comply with °"'^ '^ "*^'
and perform any warrant to be by him received as aforesaid from the
chief officer of the regiment, shall, for such neglect and default, pay a
fine of twenty pounds.

[Sect. 3.] And every officer or soldier that shall receive a warrant
from his captain, or the chief officer of the company or troop in which
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 °,eg^ec?.'^'
of three pounds.

[Sect. 5.] And if any person, authorized as aforesaid to impress Penalty for
any soldier or soldiers for his majesty's service, shall exact or take any to ^(iischarge
reward to discharge or spare any from said service, he shall forfeit ten soldiers.
pounds for every twenty shillings he shall so exact or take, and so irro
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 "®*-
government of this province, and the other moiety to him or them that
63

418

Peovince Laws. — 1748-49.

[Chap. 5.]

Duty of persons
impressed.

Fines to be
levied on goods
and chattels, &c.

In what case
impressed per-
sons may be
excused.

Penalty for
escapins; or
absconding from
the impress.

shall inform and sue for the same, b}^ action, bill, plaint or information,
in an}' court of record.

And be it further enacted,

[Sect. 7.] That every person, liable and fit for service, being orderly
impressed as aforesaid for his majesty's service, by being commanded
in his majest3''s name to attend tlie said service, shall, by himself or
other meet person in his room (to the acceptance of his captain or
chief officer), 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 forfeiting and paying to his captain or chief officer,
by whose warrant he was impressed, within twenty-four hours next
after such impressment, the sum of ten pounds, who, on payment
thereof, shall give a receipt therefor ; and in default of such paj'ment,
or of procuring some meet person in his stead, to the acceptance of
said officer, the said sum shall be lev[i][2/]ed by distress and sale of
the goods or chatties of such offender, or of the goods and chatties
of his parent or master, in case such impressed person be a son under
age or a servant ; and the officer, by whose warrant he was impressed,
shall be and herebj^ is fully impowered and required to levy and collect
the said sum in such manner as constables of towns within this province
are impowered to levy the publick taxes ; and for want of goods or chat-
ties whereon to make distress, such offender shall suffer six months' im-
prisonment, without bail or mainprize, to be committed by mittimus from
any justice of the peace of the same county, upon, due conviction of
such neglect.

[Sect. 8.] And of the mon[t]e[y]s to be so lev[i] [2/]ed or collected,
such captain or chief officer shall lay out and improve so much as shall
be necessary for the procuring and fitting out of one or more suitable
person or persons, as there may be occasion, to perform tlie service for
which au}^ soldier or soldiers, forfeiting as aforesaid, shall have been
impressed, the overplus of such mon[i]e[y]s to be paid into the town
treasury', some time before the annual meeting of such town in March,
in each and every year, for the use of such town ; and such officer shall
give in to the treasurer of said town an attested accompt of the sums
by him received and paid ; and upon such officer's neglecting to render
such accompt and pay such sum as shall be due, the said town treas-
urer is hereby impowered to demand and sue therefor accordingly.

[Sect. 9,] And if the captain or officer to whom the said sum of
ten pounds shall be paid as aforesaid b}' any person impressed, cannot
seasonably procure another suitable person to serve in the stead of him
that was before impressed, or if an^' person impressed shall suffer im-
prisonment or shall make his escape, in each and every such case the
said captain or officer shall renew his warrants as often as there shall
be occasion, until the number sent for from him be compleated ; and all
persons paying the said sum 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. 10.] And all persons lawfully impow[e]red to impress, may
pursue an}^ person that absconds from the impress, or makes his escape,
and 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 sei-vice] as required, such person, at his return, shall be appre-
hended, by warrant from any justice of the peace, and be by him com-
mitted to prison, unless such person give sufficient security to answer
it at the next court of general sessions of the peace ; and upon due
conviction of the said ofience, by the oath of him that impressed him,

[1st Sess.] Province Laws. — 1748-49. 4-19

shall suffer twelve months' imprisonment, or pay a fine of twenty
pounds, to be paid to the selectmen of the town where such person
belonged to at the time of his being impressed, for purchasing arms.

[Sect. 11.] And if any person, directly or indirectl}', by coun-
[ci][s(']l or otherwise, shall prevent the impressing, conceal any per-
son impressed, or, knowingly, further his escape, such person shall pay,
as a fine, three pounds.

And be it further enacted^

[Sect. 12.] That all soldiers shall be in pay from the time of their When the pay
being impressed, till they be orderly discharged, and have reasonable begiji'f'^'^^ '^ ''^
time allowed them to repair to their usual places of abode.

[Sect. 13.] And if any captain or other chief officer shall dismiss
any soldier retained in his majesty's service, and assume another, for
gain, such captain or other chief officer shall forfeit the sum of ten
pounds for 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 soldiers.

[Sect. 14.] And every person who shall impress any soldiers for his
majesty's service, shall transmit a list of them to the chief officer of the
regiment or troop, particularly mentioning sons under age, or servants,
if any such there be, and to whom thej^ belong, that so their fathers or
masters may receive their wages, who are hereb}' impowered so to do.

And be it further enacted^

[Sect. 15.] That all such soldiers and seamen that, from the com- Maimed soidiera
menccment of the present war, have been, or, during the continuance bel-eiieveT '°
thereof, ma}' be, wounded in his majesty's service within this province,
and are thereby maigaed or otherwise disabled, shall be relieved out of
the publick treasur}', as the great and general court or assembly shall
order.

And be it further enacted,

[Sect. 16.] That any impressed man or men appearing at the place soldiers to he
of rendezvous, being actually destitute of arms and ammunition of his arms*'^'^*^ ^''^
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-
pressed, to impress arms and ammunition for him or them, the value of
which shall be paid out of his wages, fourpence per week for the same,
and return such arms, or otherwise pay for the same. And if any sol-
dier shall loose his arms in his majesty's service, not thro' his own *
neglect or default, such loss shall be born by the province.

Provided, —

[Sect. 17.] That this act shall continue in force unto the end of Limitation,
the sessions of the general assembl}^ to be begun and holden on the
last Wednesday in May, which will be in the year of our Lord, one
thousand seven hundred and fift}', and no longer. \_Passed June 24 ;
published June 27.

CHAPTER 6.

AN ACT FOE, CONTINUING SUNDRY LAWS OF THIS PROVINCE, EX-
PIRED OR NEAR EXPIRING.

Whereas an act was made and pass'd in the tenth and eleventh year Act ahout
of his present majesty's reign, entitled " An Act in further addition to ns^^lgfchap.
an act entitled ' An Act for the relief of idiots and distracted per-
sons ' " ; and an act made in the twelfth year of his [present] majesty's

420

Peovince Laws. — 1748-49.

[Chap. 7.]

Absconding
debtors.
1738-39, chap.
Sbeep and
goats.
1740-41, chap.

Porters.
1741-42, chap

Limitation.

reign, entitled " An Act to enable creditors to receive their just debts

15. out of the effects of their absent or absconding debtors " ; another act

made in the fourteenth year of his present majesty's reign, entitled

23. " An Act to encourage the increase of sheep and goats" ; and an act

made in the fifteenth year of his present majesty's reign, entitled " An

Act for the better regulating of porters employed within the town of

^" Boston " ; — all which laws are expired or near expiring : and whereas

the afores[ai]d laws have, by experience, been found beneficial, and

necessary for the several purposes for which they were pass[e]d, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,

That all and every of the aforesaid acts, and every matter and clause
therein contained, be and hereby are continued and revived, and shall
continue and remain in full force ten 3'ears from the publication of this
act, and no longer. \_Passed June 23 ; published June 27.

CHAPTER 7.

AN ACT FOR ENLISTING THE INHABITANTS OF DORCHESTER, WEY-
MOUTH AND CHARLESTOWN INTO HIS MAJESTY'S SERVICE FOR THE
DEFENCE OF CASTLE WILLIAM, AS OCCASION SHALL REQUIRE.

Preamble.

Enlisted inhabi-
tants of Dorches-
ter, Weymouth,
and Oharles-
town, to appear
at Castle Will-
iam, on occasion.

Penalty for not
attending.

Enlisted persons
excused other
military service,
&c.

Inhabitants of
Dorchester to
appear at Castle

Whereas the safety of this province in a great measure depends on
the strength of his majesty's Castle William, and it is necessary that a
great number of men skill'ul in the management of the great artillery
should be always ready to attend there, —

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

[Sect. 1.] That all the inhabitants of the town of Dorchester who
are by law subject to common musters and military exercises, not ex-
ceeding fift}' 3-ear3 of age, and such of the inhabitants of the towns of
Weymouth and CharlestOwn as are willing to be enlisted, not exceeding
one hundred and twenty in the whole from the two last towns, shall be
enlisted 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 daj's in each year, in such
months as the captain-general shall order ; and shall on the said da3's be,
by the gunner and quarter-gunners, exercised in the mounting, dis-
mounting, 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 be it further enacted,

[Sect. 2.] That if any of the men enlisted as aforesaid shall not
duly attend at time and place for the exercise of the great artillery, as
afores[m]d, being thereof notified and warned to appear, for every such
day's neglt ct of attendance such soldier shall pay to the clerk of the
company, for the use thereof, ten shillings.

And for the encouragem[en]t of the said men that shall be enlisted
and exercised as aforesaid, —

Be it further enacted,

[Sect. 3.] That eveiy person so [e][t]nlisted shall be excused from
all other military service, and from all impresses into other service that
other soldiers by law are liable to.

And be it further enacted,

[Sect. 4.J Tbat upon any alarm at Castle William, every man able
of body, as well those enlisted by virtue of this act as also all others

[1st Sess.] Province Laws. — 1748-49. 421

-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 majestj^'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 afores[a^■]d fines to be recovered before any justice of
the peace or court proper to hear and try the same.

[bECT. 5. J This act to continue and be in force for five 3"ears, pro- Limitation,
vided the war continue[s] with the French king and his vassals for that
time, and no longer. ^Passed June 23 ; piiblished June 27.

422

Province Laws. — 1748-49. [Chaps. 8, 9.]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-sixth day of October, A. D.
1748.

CHAPTER 8.

AN ACT FOR GRANTING THE SUM OF TWENTY-FOUR HUNDRED POUNDS,
FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOUR.

Grant to the
Governor.

Be it enacted by the Governour, Council and House of Representatives,
That the sum of twent\'-four hundred pounds, in bills of credit of the
form and tenor last emitted, be and hereby is granted to his most ex-
cellent majesty, to be paid out of the publick treasury to his excellency
William Shirle}', Esq., captain-general and governour-in-chief in and
over his majesty's province of the Massachusetts-Bay, for his past ser-
vices and farther to enable him to manage the publick affairs of the
province. \_Passed November 18 ; published November 28.

CHAPTER 9.

AN ACT FOR THE EASE OF PRISONERS FOR DEBT.

Preamble. FoRASMUCH as, ID divcrs countics within this province, the prisons are

1740-41, chap. 22. g^ gujall, that, when there are any numbers of prisoners, there are not
rooms or apartments sufficient for the receiving and securing of them,
without lodging felons and other criminals and prisoners for debt to-
gether in one and the same room ; which is very inconvenient, —

Be it therefore enacted by the Governour, Council and House of
Hep rese nta t ives,

[Sect. 1.] That, in the several counties within this province, the
prisons, that areorshall.be erected within the said counties, shall be
made so large as that there may be sufficient and convenient apart-
ments for the receiving and lodging of prisoners for debt, seperate and
distinct from felons and other criminals.

And be it further enacted,

[Sect. 2.] That any person imprisoned for debt, either upon mean
process or execution, shall be permitted and allowed to have a chamber
and lodging in any of the houses or apartments belonging to such
prisons, and liberty of the yard within the same in the daytime, but
not to pass without the limits of the prison, upon reasonable paj-ment
to be made for chamber room, not exceeding one shilling and sixpence
per week; such prisoner giving bond to the sheriff, with two sufficient
sureties, being freeholders, bound jointly and severally, in double the
sum for which he is imprisoned, with the condition under-written in
form following ; viz., —

Prisons to be
made with con-
venient apart-
ments.

Debtors to have
separate apart-
ments.

[2d Sess.] Peovince Laws.— 1748-49. 423

" That, if the above-bounden A. B., now prisoner in his majesty's goal in B., Form of the
within the county of S., at the suit of C. D., do and shall from henceforth g°y"ey*° ^®
continue and be a true prisoner in the custody, guard and safe keeping of
J S., keeper of the same prison, and in the custody, guard and safe keeping
of his deputy, officers and servants, or some one of them, within the limits of
the said prison, vmtil he shall be lawfully discharged, without committing
any manner of escape or escapes during the time of his restraint, then tliis
obligation to be void, or else to abide in full force and virtue."

[Sect. 3.] And in case of any escape, the whole penalty of such bond Forfeitures for
shall be to and for the use of the creditor, and such bond shall be t"^*^ creditors,
transferred and assigned over to the creditor by the sheriff, with full
power to enable him to put the same in suit ; and the creditor shall
recover the whole sum therein expressed, and the court shall make up
judgment accordingly ; and the sheriff delivering up such bond to the
creditor, so assigned as aforesaid, shall not be liable to any action of
escape for any prisoner enlarged upon security given in manner as
aforesaid.

Provided ahcaj/s,

[Sect. 4.] That the sureties be approved as sufficient by the jus- Proviso,
tices of that court before whom the cause upon such commitment is to
be tried, or from whence execution issued, or any two of them being
together, or by two justices of the county, quorum uyms, as aforesaid,
where the debtor is imprisoned, and no other surety to be accepted.

[Sect. 5,] This act shall continue and be in force for the space of Limitation.
ten years from the publication thereof, and from thence to the end of
the session of the general court then next after, and no longer. [^Passed
November 11 ; published November 28.

CHAPTER 10.

AN ACT APPOINTING WILLIAM COFFIN, FARMER OF EXCISE FOR THE
COUNTY OF SUFFOLK, IN THE ROOM OF JEFFRY BEDGOOD.

Whereas the committee appointed to farm out the excise on wines Preamble.
and distilled spirits sold by retail, and on limes, lemmons and oranges, 1748.49, chap. 4,
for the county of Suffolk, on the twent^'-fourth day of June last, let the ^^^'
same to farm for the term of three years, commencing from the twenty-
ninth of June last, for two thousand five hundred pounds, new tenor, per
annum, to Mr. Jeffry Bedgood ; and whereas the said Jeffry Bcdgood
and William Coffin have, by their several petitions, represented that the
said Bedgood appeared to hire the same onl}^ for the said Coffin, and
not for himself, and prayed that the said Bedgood might be discharged
of and from said unclertakii:ig, and his bonds be cancelled, and that the
said Coffin might be put in his place, with all the benefits, powers and
trusts of said office of farmer of excise, and give his own bonds, with
security, to be accepted in lieu of those given by the said Bedgood, —

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

[Sect. 1.] That Jacob Wendell, James Allen and Adam dishing, wiiiiam Coffin
Esqrs,, be directed and impowred to take bonds of the said William f°,.f^„r of '"^ ''^
Coffin, with security, for the same sura and of the same tenor with the excise, &c.
bonds, aforesaid, given by the said Jeffry Bedgood, in lieu of those given
by said Bedgood ; and thereupon to deliver to the said Bedgood his
aforesaid bonds or cause the same to be discharged and cancelled.

And be it farther enacted,

[Sect. 2.] That upon the said William Coffin's giving bonds as afore- Vested with the
said, the said William Coffin shall be vested with all the rights, benefits, p(f,vw;''"f gai^

ottice.

424 PROVixct Laws.— 1748-49. [Chap. 10.]

priviledges and powers, of a, farmer of said excise for said county, that
have and shall accrue to the farmer of the excise aforesaid, for said
count}-, from the twent3--ninth day of June last until three years, com-
mencing therefrom, shall be compleat and ended, and with the same
power and right of prosecuting in his own name, as farmer of said
excise, any offenders against any laws relating to such excise, or any
branch thereof, and the same benefit in, and share of, the forfeitures such
offenders shall incur, whether such offences were committed before or
after the making of this act, so that it be within the three years com-
mencing from the tweutj'-ninth da}* of June last ; and likewise to demand
an account of, and receive, excise, from said twent^'-ninth day of June
last, of any person or persons from whom the same, by law, is or shall
become due within the county and term aforesaid ; and to sue any such
persons for the penalty for not accounting to him therefor, in the same
manner as the said Jeffry Bedgood might have done had he continued
to be farmer of said excise ; and enabled and impowered to transact any
and everything relating to the dut}' or interest of a farmer of said ex-
cise, to all intents and purposes, as full}', and in the same manner, as he
could or might have done had he, and not the said Jeffr}' Bedgood, been
made farmer of said excise on the said twent3'-fourth day of June last,
anything in any other law to the contrary notwithstanding. \_Passed
November 18 ; published November 28.

[3d Sess.] Province Laws.— 1748-49. ' 425.

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-first day of December, A. D.

1748.

CHAPTER 11.

AN ACT FOR INQUIRING INTO THE RATEABLE ESTATE OF THE

PROVINCE.

Whereas the rateable estate of the several towns in this province Preamble.
may be ver}- much altered since the last valuation taken by this 1741-42, chap. 9.
court, —

Be it enacted by the Governour, Council and House of Representatives,
[Sect. 1.] That the assessors of each town within this province, List of polls
who shall be chosen for the year one thousand seven hundred and forty- belo'dged uuhe
nine, shall, on oath, take and lodge in the secretary's office, by the last secretary's
Wednesday of Ma}-, one thousand seven hundred and fort3-nine, a true ° '^^'
and perfect list, according to their best skill and understanding, and
conformable to a list settled and agreed on b}- the general court, and to
be recorded in the secretary's office, a printed copy thereof to be sent Printed form
by the treasurer to the clerk of each town and district which has here- recorded** ^^
tofore been assessed to the province tax, therein to set forth an account
of all male polls of sixteen j^ears old and upwards, whether at home or
abroad, distinguishing such as are exempt from rates through age or
otherwise, and of all rateable estates, both real and personal, within
their respective towns, and to whom the same belongs, and of all Indian,
negro and molatto servants, whether for life or for a term of j'ears, and
of all farms or parcels of land l,ying adjacent to and rated in such town ;
and an account of what any farm or house within the town, that is im-
proved by hire, rents for by the year, and who was the occupant thereof
in the 3'ear one thousand seven hundred and forty-eight ; also, what
number of vessels, and of what burthen, have sailed from their respect-
ive ports to any other, except those in New England, in the year one
thousand seven hundred and fort^'-eight ; and the said assessors, in Direction to the
taking such valuation, shall distinguish the different improvements of vaiua1,?on.'
the real estate into the following parts ; viz., houses, pasture and tillage-
land, salt, fresh and English mowing-land, with the number of acres of
orchard, and what stock the pasture ordinarily is capable of feeding,
and what quantity of pi'oduce the said tillage-, mowing- and orchard-land
j'earl}^ affords, one 3-ear with another : excepting the governour, lieu-
tenant-governour, president, fellows and tutors of Harvard College,
settled ministers and grammar-school masters, with their families, who,
for their polls and estates in their own actual improvement, shall be
exempted out of this act. And the said assessors, before they enter on
this work, shall take the following oath ; viz., —

426

Peovince Laws. — 1748-49.

[Chap. 12.]

Form of the
assessors' oath.

Penalty for
refusing the
oath, or neglect
of duty.

Penalty for giv-
ing a false
account of polls
and estate.

Assessors' pay.

Assessors to
give into the
secretary's
office a list for
the year 1748.

Town of Boston
to be excepted,

Fines, how to
be recovered
and applied.

You, A. B., being chosen assessors for the town of B. for the year one thou-
sand seven hundred and forty-nine, do severally swear that you will faithfully
and imj)artia]ly, according to j^our best skill and judgment, do and perform
the whole duty of au assessor, as directed and enjoined by an act of this
province of the present year, iutitled " An Act for inquiring into the rateable
estate of the province," without favour or prejudice. So help you God.

— "Which oath, in such town where no justice dwells, shall be admiuis-
tred by the town clerk.

[Sect. 2.] And every assessor who is chosen by any town in the
year one thousand seven hundred and forty-nine, accepting such choice,
that shall refuse to take the said oath, or, taking the same, shall neg-
lect or refuse to take the list aforesaid, or shall an}' way prevaricate
therein, shall, for each of those olTences, forfeit and pay a line not ex-
ceeding forty pounds. And every person refusing or neglecting to give
such assessor or assessors a true account of his rateable estate, improve-
ments or rent, agreable to the true intent of this act, shall, for each
offence, forfeit and pay the sum of five pounds.

[Sect. 3.] And in case any account given by any person, in pur-
suance of this act, shall be, by the assessor or assessors takhig the
same, suspected of falshood, it shall be in the power of either of such
assessors to administer an oath to the truth of said account ; and if such
suspected person shall refuse to swear to the truth of such account,
according to his best judgment, when thereto required by any one of the
assessors, such refusal shall be deem'd a refusal to give an account of
his rateable estate, and the person so refusing, shall be subject to the
fine in that case b}^ this act provided, without further or other evidence
for his conviction on trial. And every assessor shall be allowed out of
the treasury of his respective town, the sum of five shillings for every
day he shall be necessarily emplo3'ed in taking the lists afore mentioned.

A)id be it farther enacted^

[Sect. 4.] That the assessors of each town within this province for
the year one thousand seven hundred and forty-eight, shall, by the said
last Wednesday in May, one thousand seven hundred and forty-nine, on
oath, transmit to the secretary's oflSce true and perfect copies of their
province tax-lists for the year one thousand seven hundred and forty-
eight, on penalty that each assessor neglecting his duty therein, shall
forfeit and pay the sum of twenty pounds : provided, that the town of
Boston, if they find it impracticable to form such a list of valuation,
and so represent it to this court at the session in May next, shall be
excused from the penalty for such omission, at the same time laying
before the court copies of their tax-lists for the j-ear one thousand seven
hundred and forty-eight.

[Sect. 5.] All fines and forfeitures arising by this act may be
recovered by bill, plaint or information, or by action of debt, in anj' of
his majesty's courts within this province proper to tiy the same, and
shall be applied, two thirds to him or them that shall inform or sue for
the same, and the other third to his majesty, to and for the use of this
government. \_Passed January 28 ; published February 2, 1748-49.

CHAPTEE 12.

AN ACT FOR THE MORE EASY PARTITION OF LANDS.

Preamble. "Whereas the partition of lands is often delayed b}'' reason that the

9^Mass'°3u'"^*" P^^ties Concerned therein are very numerous, and live remote from each

[3d Sess.] Province Laws.— 1748-49. 427-

other, and sometimes in parts be3'ond the seas, and are some of them,
unknown, to the hindrance and retarding of the improvement and set-
tlement of lands in this province ; for remedy whereof, —

Be it enacted hy the Governour, Council and House of Representatives,

[Sect. 1.] That from and after the publication of this act, any per- Superior court
son or persons interested with any others in any lot or grant of land, uorto n'S'ake"
making application, either bj^ themselves or their lawful agents, attor- p!»nition of
neys or guardians, to the superiour court of judicature, the said court,
whether then holden in the county where such lands lie, or in any other
county within this province, is hereby authorized and impowred to cause
partition to be made of such lands, with the buildings thereon, if any
such there be, and the share or shares of the party or parties applying
for the same, to be set off and divided from the rest, such partition to
be made b}' five freeholders, under oath, or the major part of them, to
be appointed b}^ said court, and a return of such partition to be made
into the clerk's ofTice of said court ; and the partition or division so
made, being accepted b}' the said court, and there recorded, and also
recorded in the registry of deeds in the county where such estate lies,
shall be valid and effectual to all intents and purposes.

Provided, nevertheless, —

[Sect. 2.] That before such partition be made, where any infants or Exception
persons underage, or non compos mentis, are interested, guardians shall ^ns'are"non,^''"
be appointed for all such persons, according to law, if thoy live within compos or out
this province. And if any person or persons interested in any such ° ^ province,
estate, happen, at the time when such application shall be made, to
have been beyond sea or out of this province for the space of one 3'ear,
and not expected to return into the same within the space of six months
more, and have no sufHcient attorney within the same, that then, and in
such cases, the justices of said court shall appoint some discreet and
indifferent person or persons as agent or agents for such absent party
or parties, and on his, her or their behalf to be advising in making such
partition ; and due notice to all concerned, that are known and withia
this province, shall be given before such partition be made, that so they
may be present, if they see meet, at the time of making the same.

Provided cdso, —

[Sect. 3.] That no partition be made where any partner shall be Proviso,
beyond sea, and shall not have been absent twelve months, or shall be
expected to return within six months ; anything in this act to the
contrary notwithstanding.

Provided cdso, —

[Sect. 4.] That if an}' partner should have a larger share set off Case wbere the
than is such partner's true and real interest, or if any share set off be made (^^^
should be more than equal in value to the proportion it was set off for, novo.
then, and in every such case, upon complaint to the court which caused
said partition to be made, within three years of the making thereof, by
any aggrieved partner or partners, who, at the time of making such par-
tition, were out of the province, and not notified thereof as aforesaid in
time for them to be present at the same, the said court shall cause a
partition thereof to be made de novo.

[Sect. 5.] And in such new partition, so much and no more shall be
taken off from any share, as such share shall be adjudg'd more than the
proportion of the whole it was design'd for, estimating such lands as in
their original state, or the state the}' were in when first divided ; and in
case any improvements shall have been made on the part that may by
such new partition be taken off as aforesaid, the partner who made such
improvements shall have reasonable satisfaction made them by the part-
ner or partners to whose share the same shall be added, by the estima-

428

Province Laws.— 1748-49. [Chap. 13.]

Limitation.

tion of the freeholders emploj^'d in making snch new partition, or the
major part of them.

[Sect. 6.] This act to continue and be in force for the space of
seven years from the publication thereof, and no longer. {^Passed Feb-
ruary 1 ; published February 2, 1748-49.

CHAPTER 13.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE BEACH AND
MEADOWS IN PLYMOUTH, ADJOINING TO SAID BEACH, COMMONLY
KNOWN BY THE NAME OF PLYMOUTH BEACH.

Preamble.

No neat cattle,
horses, or sheep
to be turned on
Plymouth beach
or meadows.
Penalty.

Creatures
turned on said
beach, &c., to
be impounded.

Owners thereof
to pay a fine
and cost of
relieving.

Creatures to be
sold, in case.

Whereas persons frequentl}' drive numbers of neat cattle, horses
and sheep, to feed upon Ph'mouth Beach and the meadows adjoining to
said beach, whereby the said beach is much broken, and the sea breaks
over it and carries the sand into the harbour and upon the meadows ;
and there is great danger, if such practices are not prevented, tliat the
harbours in said town will be intirely ruined, and the meadows within
said beach utterly spoiled, to the great damage of the owners thereof, —

Be it enacted by the Govemour, Council and House of Representatives,

[Sect. 1.] That from and after the publication of this act, no per-
son or persons shall presume to turn or drive on any neat cattle, horse-
kind or sheep, upon the beach called Plymouth Beach, or upon the
meadows adjoining, upon the penalty of ten shillings a head for neat
cattle or horses, and three shillings for each sheep, that shall be turned
or found on said beach or meadows ; which penalty shall be recovered
by the selectmen or town treasurer of said town of Plj'mouth, or any
other person that shall inform or sue for the same : the one half of said
forfeiture to him or them that shall inform or sue for the same, the other
half to be to and for the use of the poor of said town of Plymouth.

And be it further enacted,

[Sect. 2.] That if any neat cattle, horse-kind or sheep shall, at any-
time, be found feeding on said beach, meadows or shores adjoining to
said beach, that it shall and ma}' be lawful for anj' person to inapound
the same, immediately giving notice to the owner or owners of the same,
if known, otherwise to givepublick notice thereof in said town of Plym-
outh ; and the impounder shall relieve said creatures with suitable meat
and water while im[)ounded ; and if the owner thereof appear, he shall
pay two shillings and sixpence for each neat beast or horse-kind, and
eightpence for each sheep, and the reasonable cost of relieving them,
besides the ponnd-keeper's fees. And if no owner appear within the
space of three days to redeem the said cattle, horse-kind or sheep so
impounded, and to pay the cost and damage occasioned by impounding
the same, then and in every such case the person or persons impound-
ing such cattle, horse-kind or sheep, shall cause the same to be sold at
publick vendue, and pay the cost and charges arising about the same
(publick notice of the time and place of such sale being given in the said
town of Plymouth and the two neighbouring towns, forty-eight hours be-
forehand),"^ and the overplus, if any there be, arising by such sale, to be
returned to the owner or owners of such cattle, horse-kind or sheep, at
any time within two months next after such sale, upon his demanding
the same ; but if no owner appears within said two months, then the
said overplus shall be one half to the person impounding, and the other
half to be returned to the town treasurer of said town of Plymouth, for
the use of the poor of said town.

[3d Bess. J Province Laavs.— 1748-49. 429

Provided, —

[Sect. 3.] That nothing in this act shall be construed to prevent Proyiao.
an}' of the owner or owners of said beach or meadows, or an}' improving
under them, from turning on their liorses they ride, or cattle improved
in their teams, to feed on said beach or meadows, while they are cutting
or carting their hay off said beach or meadows adjoining.

And be it further enacted,

[Sect. 4.] That the said town of Plymouth, at their meeting in officers to be
March, annually, for the choice of town officers, be authorized and im- thifacV°^^^
powered to chose one or more meet person or persons whose duty it executed,
shall be to see this act observed, and to prosecute the breakers thereof,
who shall be sworn to the faithful discharge of their office ; and in case Penalty for
any person so chosen shall refuse to be sworn, he shall forfeit and pay oatiT"^' ^
the sum of twenty shillings for the use of the poor of the town of
Plymouth ; and upon said refusal, said town may, from time to time,
proceed to a new choice of such officer or officers : and said town of
Plymouth, at a town meeting warned for that purpose, may at any
time choose such officers, who shall continue 'till their annual meeting
in March next.

[Sect. 5.] This act to continue and be in force for the space of Limitation,
seven years from the publication thereof, and no longer. [^Passed Jan-
uary 24 ; x^ablished February 2, 1748-49.

CHAPTER 14.

AN ACT TO PREVENT DAMAGE BY FIRE IN THE TOWNS OF BOSTON
AND CHARLESTOWN.

"Whereas great damage has many times arisen from fires which have preamble.

begun iu sailmakers' and riggers' lofts, and spread to the buildings

adjacent, —

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

[Sect. 1.] That from and after the first day of September, which Saiimakers*

shall be in the year of our Lord one thousand seven hundred and forty- !,°,d®cha'^°e^s.°'*

nine, it shall not be lawful for any person to occupy or improve any town to be

^ 1 -1 T 1 ^ • i. i> ii i. <• T-> i- allowed of by

tenement or building whatsoever, iii any part ot the towns of iJoston uie selectmen.
or Cliarlestown, for the business or employment of a sailmaker or rig-
ger, save only in such parts of the town as the selectmen of the said
towns, respectively, or the major part of them, shall determine conve-
nient,— such determination to be certified under the hand of the town
clerk.

[Sect. 2.] And if any person shall offend against this act, he shall Penalty for
forfeit and pay the sum of twenty pounds for every six months, and so °*^®"'^'"^-
in proportion for a greater or less time, he shall so occupy or improve
any tenement or building that shall not be licensed or allowed as afore-
said ; one half thereof to and for the use of the poor of the town of
Boston or Charlestown, respectively, the other half to him or them that
shall inform and sue for the same, — to be recovered before the court of
general sessions of the peace for the county where the offence shall
be committed.

[Sect. 3.] This act to continue and be in force until the first day of Limitation.
September, one thousand seven hundred and fifty-two, and no longei-.
\_Passed January 31 ; published February 2, 1748-49.

430

Peovince Laws. — 1748-49.

[Chap. 15.]

CHAPTER 15.

AN ACT FOR DRAWING IN THE BILLS OF CREDIT OF THE SEVERAL
DENOMINATIONS WHICH HAVE AT ANY TIME BEEN ISSUED BY THIS
GOVERNMENT AND ARE STILL OUTSTANDING, AND FOR ASCERTAIN-
ING THE RATE OF COIN'D SILVER IN THIS PROVINCE FOR THE
FUTURE.

Preamble.

Persons em-
pownred to net
for thf province
in takins; care of
the money
granted l>y
parliament for
the charge at
Cape Breton.

The province
treasurer em-
powered to
receive said
money on its
arrival.

The said money
to be exchanged
for bills of
credit.

Proviso respect-
ing bills of the
neighboring
governments.

Whereas the sum of one hundred and eighty-three thousand six hun-
dred and fort^'-nine pounds two shillings and sevenpence halfpenny,
sterling money, has been granted by the parliament of Great Britain,
for reimbursing to this province their expences in taking and securing
Cape Breton, —

Be it enacted by the Governour, Council and Hotise of Representatives,

[Sect. 1.] That the Honourable Sir Peter Warren, Knight of the
Bath, William Bollan, Esq., agent for this province, and Eliakim Pal-
mer, Esq., of London, merchant, they or two of them, — the said William
Bollan, agent, as aforesaid, except in case of his death, always to be
one, — be and are hereby authorized and impowred to give a full dis-
charge to the right honourable the lords commissioners of the treasury,
for the sum granted as aforesaid, whensoever the same shall have been
issued ; or to the Bank of England, in case the same shall have been
there deposited ; or to any person or persons in whose possession or
custody soever the same is or shall be ; to prefer the humble address of
the general court of this province to the king's most excellent majesty,
that he would be graciously pleased to order the said sum to be trans-
ported to this government in foreign coin'd silver, on board some one
or more of his majesty's ships ; and to pursue such instructions as the
said general court shall judge necessary concerning the transportation
of the said granted sum to this province.

And he it further enacted,

[Sect. 2.] That the treasurer of the province for the time being, be
and hereby is fully authorized and impowred to demand and receive the
whole and every part of the money aforesaid from the commander of
an}" vessel or vessels on board of which the same shall be ship'd, upon
the arrival thereof within this government.

And be it further enacted,

[Sect. 3.] That from and after the thirtj^-first day of March, which
shall be in the year of our Lord one thousand seven hundred and fifty,
the possessor and possessors of each and eveiy of the bills of credit of
this province which shall then be outstanding, upon bringing such bill
or bills to the treasurer aforesaid, shall be intitled to and receive, in ex-
change for ever}^ such bill or bills, silver at the rate following ; viz., for
every forty-five shillings in bills commonly known and understood b\^
bills of the old form and tenor, one piece of eight ; and for every eleven
shillings and threepence in bills of the new form and tenor, and also of
the middle form and tenor, one piece of eight ; and so proportionably
for a greater or less sum in the bills of each and any of the forms and
tenors aforesaid : provided, nevertheless, that if the possessors aforesaid
shall not offer such bills in exchange within one 3'ear from and after the
said thirty-first day of March, one thousand seven hundred and fifty,
all right or claim to the redemption or exchange thereof shall determine
and cease.

Provided ahvays, —

[Sect. 4.] That such of the bills of credit of this province as shall
be the property of the inhabitants of Connecticut, New Hampshire and

[3d Sess.] Province Laws.— 1748-49. 431

Rhode Island, may and shall be redeemed or exchanged by the bills of •
credit of each of those governments, respectively, that may be in the
hands (^f the inhabitants of this government; anything in this act to
the contrary notwithstanding.

And ichereas all debts, dues, demands, bargains and contracts what- Preamble,
soever, unless otherwise speciall}' agreed or contracted, are now under-
stood to be payable and may be discharged by the publick bills of credit
of this province ; and upon any action or actions being brought in the
courts of ju()icature within this province, and judgment being made
upon such action, and execution issued, such execution may be now
satisfied and discharged by the publick bills of credit as aforesaid, with
the addition of a greater or less sum according to the time when such
debts were contracted, —

Be it enacted,

[Sect. 5.] That from and after the thirtj'-first daj'' of March, which Contracts after
shall be in the year of our Lord one thousand seven hundred and fifty, to'b'ouiKierstood
all debts, dues, demands, bargains and contracts payable in bills of '° '''^ '" ^'^"^er
credit as aforesaid, shall be understood to be payable in coin'd silver
only ; and all executions in consequence of any judgment of court in
all actions heretofore brought or that may at any time hereafter be
brought for the recovery of such debts, dues, demands, bargains and
contracts made and contracted as aforesaid, shall and maj' be then dis-
charged by silver at the rate following ; viz., every forty-five shillings
of such debts, dues or demands which were pa^^able or might be dis-
charged by bills of the old tenor, shall and may be discharged by one
mill'd piece-of-eight ; and every eleven shillings and threepence of such
debts, dues or demands which were payable or might be discharged by
bills of the middle tenor, or by bills of the new tenor, shall and ma}^
be discharged by one mill'd piece-of-eight, with such addition, accord-
ing to the time of contracting, as the laws of this province do or shall
require ; and so proportionably of an}' debt or demand of greater or
less value.

And whereas in and by the several acts of this government for issuing
the publick bills of credit, provision has been made for drawing said
bills into the publick treasury again b}' certain taxes which it is pro-
vided by said acts shall be laid on the several towns in this government
in each of the several years from this present year until the year one
thousand seven hundred and sixty, —

Be it further enacted,

[Sect. 6.] That the several clauses in the acts aforesaid, providing Repeal of the
for the bringing into the province treasury, by taxes, the several sums, aasfor taxes!"
in bills of credit issued b}' virtue of such acts, be and hereby are re-
pealed, and declared null and void.

And lohereas the sum granted b}' parliament as aforesaid, may prove
insufficient to redeem or exchange the whole sum which is now outstand-
ing in said bills of credit, at the rates aforesaid, —

Be it further enacted,

[Sect. 7.] That there be and hereby is granted unto his most excel- Tax for £T5,ooo
lent 'majesty, a tax of seventy-five thousand pounds, to be levied on *°^^® ^^'^^'^ '°
polls, and estates both real and personal, within this province, accord-
ing to such rules and in such proportions on the several towns and dis-
tricts within the same, as shall be agreed upon and ordered by this court
at their session in May, one thousand seven hundred and fort3'-nine, to
be paid into the publick treasury on or before the last of December then-
next ensuing ; and the tax aforesaid is hereby declared to be payable in
bills of credit of the new form and tenor, or of the middle form and
tenor, according to their respective denominations, or in bills of the old

432 Province Laws.— 1748-49. [Chap. 15.]

tenor, accounting four for one, or in Spanish mill'd dollars, at the rate
of eleven shillings and threepence each.
And be it further enacted,
Treasurer to TSect. 8.1 That in case the general court shall not, at their sessions

issue Ills war- . L j >n '

rants ill qase in Ma}', and Dcfore the twentieth day of June, one thousand seven hun-
forapportiouSg ch'cd and fort3'-nine, ?gree and conclude upon an act apportioning the
6aidtax. sum which bv this act is engaged shall be in said j'car 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 the polls, and
estates both real and personal, within their districts, the same propor-
tion of the said sum as the said towns and districts shall have been
taxed by the general court in the tax-act then last prececding ; and the
province treasurer is hereby fully impowred and directed, some time in
the month of June in the year one thousand seven hundred and fort}'- •
nine, 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
sum before directed and engaged to be assessed ;* and the assessors, as

* So much of this chapter as authorized the apportionment of this tax, was printed,
together with the apportionment, in pamphlet form, and distributed by tlie authority of the
General Assembly. Copies of this pamphlet are still in existence, but arc extremely rare ;
and, as the act is Important, it has been deemed proper to subjoin the apportionment, iu the
margin, omitting the extracts from the act.

No act having becu agreed upon and passed, during the May session of the year 1749,
for apportioning the tax, tbe Treasurer issued his warrants to the selectmen or assessors of
the several towns and districts, in conformity with the provisions of this chapter, having
calculated the apportionment upon the basis of the tax-act of the year 1748-49. In these
warrants, however, he inadvertently exceeded the rate of poll-tax prescribed by law,
which was the cause of much difHculty and delay in collecting. To provide a remedy in
this emergency, the following resolve was passed : —

"Deccm'"14. 1749. In the House of Representees Whereas the Province Treasurer In
Consequence of the Law of this Province, made & pass'd by the Great & General Court,
at their Session, & Session, begun & held at Boston, upon Wednesday the 25"' of May
1748, & Continued by Prorogation & Adjournra*^ to Wednesday the 21"' day of December
following & then nu-X, Entitled An Act for drawing in the Bills of Credit of the several
Denominations which have at any Time been issued by this Govemm' & are still Out stand-
ing, & for Ascertaining the Rate of coined Silver in this Province for the future, did in June
last issue his Wai'rants directed to the several Selectmen or Assessors of the several Towns
in this Province requiring them to Assess the Pulls & Estates of the Inhabitants of the said
To'wn, as he apprehended agrcable to the Panics & Dkections of the said Act ; But being
afterwards sensibh' of the Mist.ake in the Sums by said Warrants directed to be levied upon
the Polls, did on the first day of Aug'' last under his hand notify most or all of the said
Assessors of the said Mistake & therein direct that the Sum to be levied on each Poll
towards the said Tax should lie sixteen Shillings & one penny, which Sum was agreable
tothe said Act & true Intent thereof. Therefon- Resolved that the Select Men or Assessors
of the several Towns in this Province, who have not made their Assessments conformable to
the said Direction of the said Treasurer, that they forthwith make their respective Assess-
ments, & tli:it thr'y therein conform themselves to the said Warrants & Direction in Ex-
planation thereof; And all Persons are hereby enjoined to conform themselves thereto, as
thd the said Warrants had been originally issued according to the true Intent of the Law;
And where such Assessments have been made by any of the Select Men or Assessors of the
Towns of this Province, agrealile to the said Warrants & After Directions in Explanation
thereof. It is hereby Ordered that the same be held good & valid; And all persons are
enjoined to conform themselves accordingly. In Council, Read & Concur'd. Consented to
by the Lieu' Govemour." — Council Records, vol. XIX., p. 89.

Other difficulties were encountered in the assessment and collection of this tax, the most
notable instances of which occurred in the town of Salem, where the assessors through
" a misapprehension of the law " assessed not only all stock in trade, and the principal
of money loaned, but also th^^ profits of the former, and lawful interest on the latter.

On the petition of Benjamin Lynde, the younger, afterwards chief justice of the Supe-
rior Court of Judicature, and others, this assessment was set aside by the General. Assem-
bly: the money collected Avas ordered to be paid into the town treasury, and provision
was made for correcting all inequalities, by allowing to the parties who had already over-
paid to the collectors, credits in the settlement of their taxes for the next year.

EflTorts were made to have the assessment ratified and confirmed by a resoh'e of the
general court ; but these proved unavailing. New embarrassments arose in subsequent
attempts to comply with the order of the General Court. To avoid these, agreements
were made among "the tax-payers, in town-meeting, with the understanding that they were
to be ratified by the geireral court.

The case was still farther complicated by the act, which was passed before the tax had
been collected, erecting a part of the town of Salem into the district of Danvers ; and

[3d Sess.] Province Laws. — 1748-49.

433

also persons assessed, shall observe, be governed by, and subject to all
such rules and dh-ections as shall have been given in the last preceeding
tax-act ; and if there be any surplusage, it shall remain a stock in the
treasury.

And ichereas it is provided by this act that the whole sum now out- Preamble,
standing in bills of -credit, whicli have been the medium and instrument
of trade and commerce for many years past, shall be sunk, partly by a
tax, and parti}' by being exchanged for the sum granted by parliament
as aforesaid, — which sum may prove sufficient to serve as a medium
instead of said bills. — and it being of great importance that all possible
means should be us'd for establishing an invariable silver currency for
the future, —

Be it enacted,

[Sect. 9.] That all bargains and contracts, debts and dues whatso- ^°btMo*be"ti.'
ever which shall be agreed, contracted or made after tbe thirty-first day after March s'l,
of March, one thousand seven hundred and fifty, shall be understood money" ^''^'''^

again the authority of the Legislature had to be involved to determine the proportion of
tax to l)e paid Ijy the town of'Salcni, and the new district, respectively.

The full records relating to tills matter are reserved for pulilication in the Appendix,
with other resolves and orders of the General Court, of a declaratory nature.

The apportionment above referred to, is as follows : —

N.B. The part, or proportion, agreable to the last preceeding tax-act, which each
town or district within this province is to be assessed, and pay, of the abovesaid seventy-
five thousand pounds in bills of credit, this present year, one thousand seven hundred
and foity-nine, as also their representatives pay, three thousand five hundred and
seventy-two pounds, seventeen shillings and six pence, is the several sums following;
that is to say, — '

In the Countt of Suffolk.

Representa-

tives'

IMy

Province Tax.

Sum Total.

and Fines.

Thirteen thousand six hundred &

nine pounds twelve sbill. & eix-

Boston, .

£109 12s

&d.

£13,500 Os

.dd.

P<^'n

£13,609 12s. M.

Seven hundred and thirty pounds

Roxbury,

32 17

698 0

seventeen shillings and sixpence.

730 17

Six hundred and ninety-four

pounds two shillings and six-

Dorchester, .

32 17

061 5

pence,

Three hundred and forty-four
pounds seventeen shillings and

694

Milton, .

39 2

305 15

sixpence,

344 17

Seven hundred and seventy pounds

Braintree,

39 2

731 0

two shillings and sixpence, .
Four hundred and sixty-two

770

Weymouth, .

39 15

423 1

pounds and sixteen shillings,
Eiijbt hundred and twenty pounds

462

Hingbam,

31 7

789 11

eigliteen shillings and sixpence, .

820 18

Five hundred and fifty-six pounds

Dedbam,

35 15

520 10

and five shillings

Three hundred and fifty-two
pounds thirteen shillings and

556

Medfiold,

35 7

317 6

sixpence,

352 13

Four hunilred and fifty-nine

Wrentham, .

39 IT

419 3

pounds and sixpence, .
Two hundred and twenty three

459

Medway,

35 2

187 IS

pounds and sixpence, .
Four hundred and twenty-four

223

Stougbton, .

39 15

385 0

pounds' and fifteen sbillings,
One hundred and sixty-seven

424

Hull, .

00 0

167 6

pounds and six shillings.
Two hundred and fifty pounds and

167

Brookline,

00 0

250 1

one shilling,

Two hundred and twenty-three

250

Needbam,

00 0

223 6

pounds and six sbillings,
Elghty.four pounds and ten sbil-

223

Bellingbam, .

00 0

84 10

lings,

One hundred and thirty pounds

Walpole,

00 0

130 12

and twelve shillings.
Three buridred and twenty-two
pounds three shillings and six-

130

Chelsea, .

32 17

289 6

pence,

322

£543 10s

0(/.

£20,083 10s

Od.

£20,627

Os. Od.

434

Provixce Laws. — 1748-49.

[Chap. 15.]

Rates of Span
ish money.

who receive or
p.iy silver
money at any
liigber rate.

and are hereby declared to be in silver, at six shillings and eightpence
per ounce ; and all Spanish mill'd pieces of eight, of lull weight, shall bo
accounted, taken and paid at the rate of six shillings per piece, for the
discharge of any contracts or bargains to be made after the said thirty-
first day of March, one thousand seven hundred and fifty : the half's,
quarters and other less pieces of the same coin to be accounted, re-
ivnaity to those ccived, taken or paid in the same proportion; and if any person shall,
for the discharge of any such contracts or bargains, account, receive,
take or pay any silver coin, or any of the said pieces at any greater or
higher rate than that at which the same is hereby regulated and allowed,
every such person so accounting, receiving, taking or paying the same,
shall forfeit the sum of fift}' pounds for every offence, one moiety thereof
to his majesty, his heirs and successors, to and for the use of this gov-
ernment, the other moiety to him or them that shall sue for the same ;
to be recovered, with full costs of suit, by action of debt, bill, plaint or
information, in any of his majestj^'s courts of record within this prov-
ince, or by presentment of the grand jury ; and all persons whatsoever
are hereby required to conform their books and accounts according to
the regulation aforesaid, an}' former usage to the contrar}' notwith-
standing ; and any books and accounts which shall not be made to con-
form to the said regulation, shall not be admitted or allowed to be
produced in evidence for the recovery of any debt in any of his majesty's
courts within this province.

In the County of Essex.

Representa-
tives' I'ay
and Fines.

Province Tax.

Salem, .

Ipswich,

Newbury,
Marblchead,
Lynn,
Andover,
Beverly, .
Rowley, .

Salisbury,

Haverhill,

Gloucester,

Topsfield, '

Boxford,

Alrasbury,

Bradford,

Wenham,

Manchester,

Methuen,

Middleton,
Rumford,

£53 15«. Od

38 12 6

77 2 6

40 7 6

39 15 0

33 0 0

30 7 6

41 2 6

22 12 6

31 17 6

34 10 0
36 15 0

42 17 6
44 2 6

38 17 6

00 0 0

33 10 0

00 0 0

£2,250 Oa.Od.

2,071 13 0

1,921 6 0

1,459 15 0

788 18 0

908 0 0

579 15 0

565 11 0

499 19 0

508 11 0

940 9 0

286 17 0

360 5 0

417 1 0

314 8 0

262 2 0

217 11 0

115 7 0

224 3 0

00 0 0

Two thousand three hundred and
three pounds and fifteen shillings,

Two thousand one hundred and
ten pounds five shillings and six-
pence

One thous. nine hundred & ninety-
eight pounds seven shillings &
sixp.,

One thousand five hundred pounds
two shillings and sixpence, .

Eight hundred and twenty-eight
pounds and thirteen shillings,

Nine hundred and thirty-nine
pounds,

Six hundred and ten pounds two
shillings and sixpence.

Six hundred and six pounds thir-
teen shillings and sixpence.

Five hundred and twenty-two
pounds eleven shillings and six-
pence,

Five hundred and forty pounds
eight shillings and sixpence.

Nine hundred and seventy-four
pounds and nineteen shillings, .

Three hundred and twenty-three
pounds and twelve shillings,

Four- hundred and three pounds
two shillings and sixpence, .

Four hundrcdand sixty-one iiounds
three shillings and sixjience.

Three hundred and lifty-three
pounds five shillings and six-
pence,

Two hundred and sixty [two?]
pounds and two shillings, .

Two hundred and seventeen
pounds and eleven shillings,

One hundred a'ld fifteen pounds
and seven shillings,

Two hundred and fifty-seven
pounds and thirteen shillings,

£2,303 15s. Of?.

2,110 5 6

1,998 7

1,500 2

828 13

939 0

610 2

606 13

522 11

540 8

974 19

323 12

403 2

461 3

353 5

262 2

217 11

115 7

257 13
0 0

0
0

£639 5s. Od. £14,689 lOs.Od.

£15,328 I5s.0d.

[3d Sess.]

Province Laavs. — 1748-49.

435

And tvhereas bills of credit have been the only medium of trade within Preamble,
this government for many years past, and the bills of Connecticut, New
Hampshire and Rhode Island, have passed promiscuously with the bills
of this government, and the inhabitants of this government will be lia-
ble to greater evils than they have ever yet suffered if the bills of those
governments continue current within this province, —

In the County of Middlesex.

Representa-
tives' Pay
and Fines.

Province Tax.

Sum Total.

Cambridge,
Charlestown,

Watertown,
Concord,

Weston, .

Woburn,
Reading,
Sudbury,

Maiden, .
Marlboro ugb,

Lexington,

Newton,

Chelmsford,

Billerica,

Sherbourne,

Holliston,

Groton, .

Framingbam,

Medford,

Stow, .
Dunstable &
Nottingham,

Dracut, .

Stoneham,

Littleton,

Hopkinston,

Bedford,

Westford,

Wilmington,

Tcwlisbury.

Acton, .

£31 2s. 6d

37 15 0

39 2 6

38 12 6

40 7 6

39 2 6

40 7 6

32 17 6

36 12 6

39 2 6

39 7 6

40 7 6
33 10 0

38 17 6
32 17 6
37 5 0
31 2 6

41 12 6
00 0 0
28 7 6
00 0 0

39 17 6
00 0 0
00 0 0
39 17 6
00 0 0
00 0 0
00 0 0

£494 10s. Od.

1,013 14

309 16

618 0

290 18

483 0

530 0

550 7

443 15

568 15

343 7

533 5

305 15

315 15

198 15

141 18

474 12

403 16

238 5

18610

125 19

124 15

159 19

224 5

155 15

147 10

203 1

143 7

132 17

100 10

Five hundred and twenty-five

pounds twelve shillings and six

pence,

One thousand and fifty-one pound

and nine sliillings,
Three hundred and forty-eight

pounds eighteen shillings and

sixpence, ....
Six hundred and fifty-six pounds

twelve shillings and sixpence.
Three hundred and thirty-one

pounds five shillings and six

pence

Five hundred and twenty-two

pounds two shillings and six

ponce,

Five hundred and sist j'-nine poundf

two shillings and sixpence, .
Five hundred and ninety pounds

fourteen shillings and sixpence.
Four hundred and seventy-sis

pounds twelve shillings and six

pence, . . • . .
Six hundred and five pounds seven

shillings and sixpence, .
Three hundred and eighty-two

pounds nine shillings and six

pence,

Five hundred and seventy-two

pounds seven shillings and sis

pence

Three hundred and forty-five

pounds two shillinj;8 and six

pence,

Three hundred and fifty-six poundf

two shillings and sixpence, .
Two hundred and thirty-two

pounds and five shillings, .
One hundred and eighty pounds

fifteen shillings and sixpence,
Five hundred and seven pounds

nine shillings and sixpence,
Four hundred and forty-one pound

and one shilling, .
Two bund red and sixty-nine pound

seven shillings and sixpence.
Two hun<lred and twenty-eight

pounds two shillings and six

pence

One hundred and twenty-five

pounds nineteen shillings, .
One hundred and fifty-three pounds

two shillings and sixpence, .
One hundred and fifty-nine poundi

and nineteen shillings, .
Two hundred and sixty-foui

pounds two shillings and six

pence,

One hundred and fifty-five poundf

and fifteen shillings.
One hundred and forty-seven

pounds and ten shillings.
Two hundred and forty-two pounds

eighteen shillings and sixpence.
One hundred and forty-three

pounds and seven shillings, .
One hundred and thirty-two

pounds and seventeen shillings,
One hundred pounds and ten shil

lings

£525 12s. 6d.
1,051 9 0

348 18 6
656 12 6

331 5 6

522 2 6
569 2 6
590 14 6

476 12 6
605 7 6

382 9 6

572 7 6

345 2 6

356 2 6

232 5 0

180 15 6

507 9 6

441 1 0

269 7 6

228 2 6

125 19 0

153 2 6

159 19 0

264 2 6

155 15 0

147 10 0

242 18 6

143 7 0

132 17 0

100 10 0

436

Province Laws.— 1748-49. [Chap. 15.]

Penalty for

receiving or
passing bills of
the neighboring
governments.

Oath to be taken
by persons
chosen to office
that they have
not received or
paid said bills.

Form of oath.

Be it further enacted^

[Sect. 10.] That if any person, from and after the thirtj'-first clay
of March, one thousand seven hundred and fift^', shall account, receive,
take or pay any bill or bills of credit of either of the governments of
Connecticut, New Hampshire or Rhode Island, in discharge of an}' con-
tract or bargain, or for any valuable consideration whatsoever, every
such person so accounting, receiving, taking or paying the same, shall
forfeit the sum of fifty pounds for every offence, to be recovered and
applied in like manner with the forfeiture or penaltj^ for receiving or
paying silver coin at any higher rate than is regulated by this act.

And be it further enacted,

[Sect. 11.] That from and after the last day of March, which shall
be in the year of our Lord one thousand seven hundred and fifty, until
the last day of March, which shall be in the year of our Lord one thou-
sand seven hundred and fifty-four, every person who shall be chosen to
serve in an}' oflflce in any of the towns of this province, shall, before his
entrance upon said office, take the following oath, to be administred by
' a justice of the peace, or where no justice of the peace shall be present,
by the town clerk, who is hereby impowred to administer the same ;
viz. : —

You, A. B., do, in the presence of God, solemnly declare, that you have not,
since the last day of March, 1750, wittingly and willingly, directly or iadi-

In the County of Middlesex— Cow<jmm«(^.

Rppresenta-
tives' I'ay
and Fines.

Province Tax.

■Waltham,

Townshend, .

English in-
habitants of
Natick,

£32 7s. 6d.
21 10 0

00 0 0

£274 14s. Od.
56 0 0

• 75 0 0

£910 7s. 6rf. £10,368 5s.0d.

Three hundred ajid seven pounds
and one shilling and sixpence, .

Seventy-seven pounds and ten
shillings,

Seventy-five pounds,

£307 ls.6d.
77 10 0

75 0 0
£11,278 12s. 6ce.

In the County of Hampshire.

Springfield, .
Northampton,
Hadley, .
Hatfield,

Westfield, .
Suffield, .

Enfield, .

Deerfield,

Sunderland,

Northfield,

Brimfield,

Somers, .

SheflSeld,
Elbows, .

£28 15s. Od.

28 15 0

27 0 0

28 17 6
14 0 0

23 12 6

10 0 0

00 0 0

33 5 0

00 0 0

£•221 5s. Od.!

£821 16s. Od.

539 16 0

386 15 0

248 3 0

317 15 0

413 5 0

244 15 0

250 13 0

127 15 0

112 6 0

219 4 0

134 7 0

131 0 0
75 0 0

£4,022 10s. 0(;.

Eight hundred fifty pounds and
eleven shillings

Five hundred and sixty-eight
pounds and eleven shillings.

Four hundred and thirteen jiounds
and fifteen shillings.

Two hundred and seventy-five
pounds and three shilling.-', .

Three hundred and forty-six
pounds twelve shillings and six-
pence,

Four hundred and twenty-seven
pounds and five shillings, .

Two hundred and sixty-eight
pounds seven shillings and six-
pence,

Two hundred and sixty pounds
and thirteen shillings, .

One hundred and twenty-seven
pounds and fifteen shillings,

One hundred and twelve pounds
and six shillings, . . . .

Two hundred and fifty-two pounds
and nine shillings.

One hundred and thirty-four
pounds and seven shillings.

One hundred and thirty-one
pounds,

Seventy.flve pounds, . .

£850 lis. 0^

568

413

2T5

346 12

427

268

260

127

112

252

134

131

0
0

£4,243 15s. Od

[3d Sess.]

Pkovince Laws. — 1748-49.

437

rectly, either by yourself or any for or under you, been concerned in receiv-
ing or paying, within this government, any bill or bills of credit of either of
the governments of Connecticut, New Hampshire or Rhode Island. So help
you God.

[Sect. 12.] And where any person chosen as aforesaid, shall refuse
or neglect to take the oath aforesaid on tendering the same, the town
shall proceed to the choice of another person in his room ; and where
an}' person shall be elected during tlie term aforesaid, by an}' town into
any office, to the non-acceptance or refusal whereof a penalty is b}'' law
annexed, such person neglecting or refusing to take the oath aforesaid,
shall be liable to the same penalty as is by law provided for the non-
acceptance or refusal of such office.

And be it further enacted^

[Sect. 13.] That when anj^ person, during the term aforesaid, shall
be chosen to represent an}- town within this province, in the general court
or assembly, such ]ierson so chosen shall take the oath aforesaid, and
return shall be made by the selectmen upon the back of the precept,
that the person so chosen has taken the oath required in the act made
and passed in the twenty-second }ear of his majesty King George the
Second, intitled " An act for drawing in the bills of credit of the several
denominations which have at any time been issued by this government,
and are still outstanding, and for ascertaining the rate of coin'd silver
in this province for the future ; " and if any person so chosen shall re-
fuse or neglect to take the oath aforesaid, such refusal or neglect shall

Penalty in case
of refusal to
take said oath.

Persons chosen
representatives
to take the said
oath.

In the Codntt of Worcester.

Representa-
tives' )'ay
and Fines.

Province Tax.

Worcester, .

Lancaster,

Men don,
Woodstock, .

Brookfield, .

Southborough,

Leicester,

Rutland,

Lunenburgh, .

Westborough,

Shrewsbury, .

Oxford, .

Sutton, .

Uxbridge,

Harvard,

Grafton,
Upton, .

Dudley, .

Bolton, .

Sturbridge, .

Leominster, .

£33

Od.

13 17

34 15

00
00

0
0

£256 6s. Od.

425 12 0

436 16 0

385 14 0

260 8 0

169 0 0

239 0 0

154 18 0

191 5 0

265 6 0

234 17 0

179 13 0

283 10 0

201 18 0

173 10 0

147 16 0

59 6 0

126 10 0

168 6 0

63 10 0

52 15 0

Two hundred and eighty-nine
pounds and six shillings,

Four hundred and sixty-five
pounds fourteen shillings and
sixpence, . . . . .

Four hundred and seventy-seven
pounds eighteen, shillings and
sixpence,

Three hundred and eighty-five
pounds and fourteen shillings,

Two hundred and seventy-four
pounds five shillings and six-
pence,

One hundred and sixty-nine
pounds,

Two hundred and thirty-nine
pounds,

One hundred and fifty-four pounds
and eighteen shillings, .

One hundred and ninety-one
pounds and five shillings, .

Two hundred and sixty-live pounds
and six shillings, . . . .

Two hundred and sixty-nine
pounds and twelve shillings.

One hundred and seventy-nine
pounds and thirteen shillings.

Two hundred and eighty-three
pounds and ten shillines,

Two hundred and one pounds and
eighteen shillings.

One hundred and seventy-three
pounds and ten shillings,

One hundred and forty-seven
pounds and sixteen shillings,

Fifty-nine pounds and six shillings,

One hundred and twenty-six
pounds and ten shillings,

One hundred and sixty-eight
pounds and six shillings,

Sixty-three pounds and ten shil-
lings,

Fifty. two pounds and fifteen shil-
lings

£289 6a.0d

465 14

477 18

385 14

274 5

169 0

239 0

154 18

191 5

265 6

269 12

179 13

283 10

201 18

173 10

147 16
59 6

0
0

126 10

163 6

63 10

52 15

438

Province Laws. — 1748-49. [Chap. 15. J

Councillors to
take said oath ;

— as also officers
chosen by the
general court,

— and all other
officers civil and
military.

The said oath to
be taken upon

issuing execu-
tions on juda:-
ments of courts.

be deem'cl a refusal to serve as a representative, and the town shall pro-
ceed to the choice of another person in his room.

And be it further enacted,

[Sect. 14.] That the oath aforesaid shall be administred to each of
the members of his majesty's council every year during the term afore-
said, at the same time when the usual oaths required to be taken In- the
said members of his majesty's council shall be administred ; and all offi-
cers, civil and militaiT, within this government, who shall be nominated
or appointed during the term aforesaid, shall, before they receive their
respective commissions, take the oath aforesaid, and their respective
commissions shall otherwise be void ; and all persons elected into anj"-
office during the term aforesaid, by the general assembl}-, shall be deem'd
not qualified to enter upon the execution of their respective offices until
they have taken the oath aforesaid ; and all officers, civil and military,
appointed by this government, who shall be in commission in the month
of June, one thousand seven hundred and fift^^-three, shall, some time in
said month, take the oath aforesaid ; and in case of neglect thereof,
their respective commissions shall become and are hereby declared to be
void.

And be it farther enacted,

[Sect. 15.] That no execution .shall be issued, during the term afore-
said, from the office of an}- clerk of any of the inferiour courts of common
pleas, or of the superiour courts of judicature, for any sum whatsoever,
unless the plaiutitf or plaintiffs, suing in his or their own right, and

In the County of Worcester— Co«<ireue(i.

Representa-
tives' Pay
and Fines.

Province Tax.

Sum Total.

Western,
Hardwiek,

£00 Os. Od.
00 0 0

£49 10s. Od.
37 4 0

Forty-nine pounds and ten shil-
lings,

Thirty-seven pounds and four
shillings,

£49 10s. Od.
37 4 0

£162 17s. 6d.

£4,562 10s. Qd.

£4,725 Is.^d.

In the County of Pi,yMOUTH.

Plymouth,
Plympton,

Scituate,

Bridgwater,

Marshfleld,

Pembroke,

Duxburj',

Middle-
borough,

Rochester,

Abbington,

Kingston,

Hanover,
Halifax, .
Warham,

£39 2s. Qd.
37 5 0

16 7 6

40 15 0

35 10 0

40 17 6

42 2 6

40 7 6

00 0 0

£703 10s. Oc?.
372 15 0

1,078 12 0

855 10 0

532 5 0

286 10 0

250 10 0

631 15 0

402 10 0

179 13 0

196 10 0

231 10 0

150 0 0

75 0 0

Seven hundred and forty-two
pounds twelve shillinga and six
pence

Four hundred and ten pounds,

One thousand and ninety-fou
pounds nineteen shillings and
sixpence, ....

Eiyht hundred and ninety-six
pounds and five shillings, .

Five hundred and sixty-seven
pounds and fifteen shillings,

Three hundred and twenty-seven
pounds seven shillings and six
pence,

Two hundred and ninety-two
pounds twelve shillings and six
pence,

Six hundred and seventy-two
pounds two shillings and six
pence

Four hundred and two pounds and
tf'U shilliM<;s, ....

One hundred and seventy-nine
pounds and thirteen shillings

One hundred and ninety-six pounds
and ten shillings, .

Two hundred and thirty-one
pounds and ten shillings,

One hundred and fifty pounds,

Seventy-five pounds.

£292 7s. 6(?. £5,946 10s. Od.

£742 12s. 6c?.
410 0 0

1,094 19 6

896 5 0

567 15 0

327 7 6

292 12 6

672 2 6

402 10 0

179 13 0

196 10 0

231 10 0

150 0 0

75 0 0

£6,238 17s. id.

[3d Sess.]

Province Laws. — 1748-49.

439

dwelling within this province, shall first take the oath aforesaid, and
certificate thereof shall be made on such execution ; and if an}^ execution
shall issue or 2;o forth during the term aforesaid without such certificate,
the same shall be and is hereby declared to be void.

[Sect. 1G.] And no licence shall be granted to, nor any recogni- Tavemer?, inn.
zance taken from, any taverner, innholder or retailer, by the justices of retaUers t" take
any of the coui'ts of sessions within this province during the term afore- ^aid oath,
said, until such taverner, innholder or retailer shall have taken said
oath in presence of the court, or certificate of his having so done, from
a justice of peace, shall be presented to the court.

Provided always^ —

rSECT. 17."1 That when any inhabitant of this province shall be sued Proviso in case

\ 1 . -^ ^iiiT • i-^ persons are

or have his. person or estate taken by mean process, or in execution, tor possessed of tiie
any debt contracted before the thirty-first day of March, one thousand gi,"e°nment's?''''"
seven hundred and fifty, with any of the inhabitants of either of the

In the County of Barnstable.

Kcpresenta-
tives' I'ay
and Fines.

Province Tax.

Barnstable,

Sandwich,

Yarmouth,

Eastbam,

Truro, .

Harwich,

Falmouth,

Chatham,

£46 15s. dd.

35 2 6

38 0 0

50 7 6

00 0 0

47 15 0

37 12 6

00 0 0

£255 12«. 6d,

£752 10s. Od.

405 10 0

464 1 0

559 14 0

73 12 0

388 4 0

275 13 0

228 6 0

£3,147 10s. Orf.

Seven hundred and ninety-nine

pounds and five sliillings,
Four hundred and forty pounds

twelve shillings and sixpence,
Five hundred and two pounds and

one shilling,

Six hundred and ten pounds one

shilling and sixpence, .
Seventy-three pounds and twelve

shillings,

Four hundred and thirty-five

pounds and nineteen shillings.
Three hundred and thirteen pounds

five shillings and sixpence, .
Two hundred and twenty-eight

pounds and six shillings.

£799 bs.Od.

440 12 6

502 1 0

610 1 6

73 12 0

435 19 0

313 5 6

228 6 0

£3,403 2s. 6c?.

In the County of Bristol..

Bristol, .

Taunton,
Norton, .
Easton, .

Dartmouth,
Dighton,

Rehoboth,
Little Comp

ton,
Swansey with

Shawamet,

Tiverton,

Freetown,

Attleborough
Barrington,

Raynham,

Berkley,

£00 Os. dd.

31 12 6

34 15 0

00 0 0

47 17 6

31 5 0

41 17 6

00 0 0

19 0 0

00 0 0

23 17 6

38 5 0

00 0 0

£268 10s. Od.

£493 13s. Qd.

750 16 0

376 13 0

147 10 0

1,162 18 0

265 12 0

926 10 0

530 16 0

745 5 0

600 8 0

246 9 0

376 12 0

215 0 0

170 13 0

161 10 0

£7,170 5s. Od.

Four hundred and ninety-three
pounds and thirteen shillings,

Seven hundred and eighty-two
pounds eiglit shillings and six-
pence,

Four hundred and eleven pounds
and eight shillings,

One hundred and forty-seven
pounds and ten shillings.

One thousand two hundred & ten
pounds fifteen shillings & six-
pence,

Two hundred and ninety-six
pounds and seventeen shillings, .

Nine hundred and sixtj'-eight
pounds seven shillings and six-
pence,

Five hundred and thirty pounds
and sixteen shillings, .

Seven hundred and sixy-four
pounds and five shillings, .

Six hundred pounds and eight shil-
lings,

Two liundred and seventy pounds
six sliillings and sixpence, .

Four hundred and fourteen pounds
and Bcventeen shillings.

Two hundred and fifteen pounds, .

One hundred and seventy pounds
and tliirtcen shillings, .

One hundred and sixty-one pounds
and ten shillings, ....

£493 13s. Gd.

782 8 6

411 8 0

147 10 0

1,210 15 6

296 17 0

968 7 6

530 16 0

764 5 0

600 8 0

270 6 6

414 17 0

215 0 0

170 13 0

161 10 0

£7,438 15s. dd.

440

Province Laavs. — 1748-49.

[Chap. 15.]

Proviso in case
tlio bills of other
governments
should be sunk.

Pre.imble.

governments aforesaid, upon making oath that he was possess'd of any
sum in bills of credit of the government to which his creditor belongs,
before the said thirtj'-first day of March, one thousand seven hundred
and fifty, and has continu'd to be so possess'd, he shall have libert}^ to
tender the same ; and the creditor shall be oblig'd to accept the same
towards payment or discharge of such debt, in like manner as if this act
had never pass'd.

Provided also, and it is accordingly to be understood, —
[Sect. 18.] That if the bills of credit of said governments of Con-
necticut, New Hampshire and Rhode Island, shall be drawn in and sunk,
and the paper currency of said governments shall be brought to an end,
and cease, at any time before the said thirt3'-first day o^ March, one
thousand seven hundred and fift^'-four, then, and in such case, the three
last preceeding enacting clauses of this act shall become void and have
no further effect.

And ichereas the sum of one hundred and eightj^-three thousand six
hundred and forty-nine pounds two shillings and sevenpence halfpennj',
sterling, granted b}' parliament as aforesaid, and the further sum of
seventy-five thousand pounds, now granted to be assess'd in bills of
credit in the 3'ear one thousand seven hundred and fort^'-nine, on the
polls and estates of the inhabitants of this province, are b}' this act be-
come the sole fund and security for the whole sum in bills of credit out-
standing, and in case the said sterling sum, granted as afoiesnid, be not
imported into this proviupe before the said thirty-first day of March, one
thousand seven hundred and fift}', the exchanging the bills of credit as
is above intended will be rendered impracticable, and, the former funds
or securities being made void, there will remain a fund for seventy-five

In the County of York.

Representa-
tives' Pay
and Fines.

Province Tax.

York, . .

£26 5s

Od.

£686 10s. Od.

Kittery, .

37 5

945 14 0

Berwick,

37 10

401 12 0

Well6, .

46 17

S30 10 0

Falmouth,

38 17

576 18 0

Biddeford,

00 0

227 10 0

Arundel,

00 0

148 12 0

Scarborough,

00 0

299 9 0

Nor. Yar-
mouth,
Georgetown, .
Brunswick, .

51 7
11 0
00 0

6
0
0

127 10 0

150 0 0

50 5 0

£249 2s

6d.

£3,944 10.?. Od.

Sum Total.

Seven hundred and twelve pounds
and fifteen shillings.

Nine hundred and eighty-two
pounds and nineteen shillings, .

Four hundred and thirty-nine
pounds and two shillings, .

Three hundred and seventy-seven
pounds seven shillings and six-
pence,

Six hundred and fifteen pounds
fifteen shillings and sixpence,

Two hundred and twenty-seven
pounds and ten shillings,

One hundred and forty-eight
pounds and twelve shillings.

Two hundred and ninety-nine
pounds and nine shillings, .

One hundred and seventy-eight
pounds seventeen shillings &
sixpence

One hundred and sixty-one pounds.

Fifty pounds and five shillings,

£712 15s. Od,

982 19 0

439 2 0

377 7 6

615 15 6

227 10 0

148 12 0

299 9 0

178 17 6
101 0 0
50 5 0

£4,193 12s. 6d.

In the County of Dukes County.

Edgartown,

Chilmark,

Tisbury,

£00 Os. Od.

00 0 0

£00 Os. Od.

£187 Ss.Od.
236 10 0
146 12 0
£570 10s. Od.

One hundred and eighty-seven
poimds and eight shillings, .

Two hundred and thirty-six pounds
and ten shillings, . . . .

One Imndred and forty-six pounds
and twelve shillings,

£187 Ss.Od.
236 10 0
146 12 0

£570 10s. Od.

[3d Sess.]

Province Laws. — 1748-49.

441

thousand pounds only, and the remainder of the said bills of credit will
become of no value to the possessors, —

Be it therefore provided^ —

[Sect. 19.] And it is accordingl}^ hereby enacted, that if the sum
granted by parliament as aforesaid shall not be received within this
government on or before the thirty-first day of March, one thousand
seven hundred and fifty, then, and in such ca'^e, the several acts of this
province for drawing in the said bills, and all and every part of said
acts, shall be and continue in full force, anything in this act to the con-
trar}'- notwithstanding, and all and every part of this act shall be void
and have no farther effect.

Saving always^ that whereas the sum of one hundred and thirt}' thou-
sand five hundred pounds in said bills of credit, is engaged by said acts
to be drawn in by a tax in the year one thousand seven hundred and
forty-nine, and by this act provision is made for drawing seventy-five
thousand pounds, part of said sura only, in said year, which part of this
act may have had its effect, and the time will be elapsed for drawing in
the remaining part of said one hundred and thirty thousand five hun-
dred pounds, —

It is therefore Jiereby enacted and declared^

[Sect. 20.] That in such case the sum of fifty-five thousand five
hundred pounds, the remaining part of said sum of one hundred and
thirty thousand five hundred pounds, shall be and hereby is added to
the tax of thirty-five thousand pounds, engag'd to be assess'd in the
year one thousand seven hundred and fifty ; and the inhabitants of this
province shall be assess'd for said sum at the same time and in like
manner and proportion as is b}' law provided that they shall be assess'd
for said thirty-five thousand pounds ; and the treasurer is hereby required
to issue his warrants accordingly. \_Passed January 26, 1748-49.

Acts for draw-
ing in the bills,
to be in force in
case tlie silver
niouey should
not arrive in the
province before
the 3Ist of
March, 1750.

Saving £55,500,
which is to be
added to the
tax in 1750.

In the Codnty of Nantucket.

Representa-
tives' I'ay
and Fines,

Province Tax.

Sherburne,

£30 Os. M.

£494 10«.0d.

Five hundred and twenty-four
jjounds and ten shillings,

£524 10s. Qd.

Suffolk, .

Essex, .

Middlesex,

Hampshire, .

Worcester, .

Plymouth,

Barnstable, .

Bristol, .

Tork, .
Dukes County,
Nantucket,

£543 10«. Qd.

639 5 0

910 7 6

221 5 0

162 17 6

292 7 6

255 12 6

268 10 0

249 2 6

00 0 0

30 0 0

3,572 178. 6d

£20,083 10s. Oci.

14,689

10,368

4,022

4,562 10

5,946 10

3,147

7,170

3,944 10

570

494

£75,000

Os. Od.

Twenty thousand six hundred and
twenty-seven pounds, .

Fifteen thousand three hundred
and twenty-eight pounds & fifteen
shil!

Eleven thous. two hundred &
seventy-eight pounds twelve
shill. & sixp

Four thousand two hundred and
forty-three pounds and fifteen
shillings,

Four thousand seven hundred and
twenty.five pounds seven shil-
lings & sixpen., . . . .

Six thous. two hundred and thirty-
eight pounds seventeen shill. &
sixp.,

Three thousand four hundred &
three pounds two shillings & six-
pence

Seven thousand four hundred &
thirty-eight pounds & fifteen shil-
lings,

Four thousand one hundred &
ninety-three pounds twelve shill.
& sixp.,

Five hundred and seventy pounds
and ten shillings, . . . .

Five hundred and twenty-four
pounds and ten shillings, .

£20,627 08.0<f.

15,328 15 0

11,278 12 6

4,243 15 0

4,725 7 6

6,238 17 6

3,403 2 6

7,438 15 0

4,193 12 6

570 10 0

524 10 0

£78,572 17s. U.

442

Province Laws. — 1748-49. . [Chap. 16.]

CHAPTER 16.

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED "AN ACT FOR
THE MORE SPEEDY FINISHING THE LAND-BANK OR MANUFACTORY
SCHEME."

Preamble.
1744-45, cbap. 12.

Commissioners
empowered and
directed to
assess persons
according to the
list.

Warrants of
distress to be
issued.

It appearing to this court, notwithstanding the provision made for
the speedy finishing the Land-bank or Manufactory Scheme, in the act
of the seventeenth year of his present majesty's reign, intitled "■ An Act
for the more speedy- finishing the Land-bank or Manufactory Scheme,"
that there are great difficulties in the way of the commissioners, by said
act appointed to finish said scheme without the farther aid of this
court, moi-e especially occasioned by the destruction of the books and
papers of the said late Land-bank Company, and of the said commis-
sioners, in the late burning of the court-house in Boston,—

Be it therefure enacted by the Governour, Council and Representatives,
[Sect. L] That the said commissioners, or a major part of them, be
directed and impowered, and hereby they are directed and im[wwered,
as soon as may be, to make an assessment on those persons mentioned
in a list printed in the supplement of the " Boston Gazette," 1745 ;
which list is hereby declared to contain a true and exact account of the
partners in said late Land-bank Scheme ; and the said assessment shall be
made for the full sum in said list, printed in said " Gazette," and such
further sum as said commissioners shall judge necessary to redeem all
the outstanding bills of said compan}", principal and interest, make
good deficiencies by the failing of any partners, and to defrey the just
incidental charges ; and every receipt from said commissioners, or other
satisfactory evidence, of payment on the aforesaid assessment lately
printed in the " Boston Gazette," shall be taken and received by said
commissioners as payment for the sum or sums they amount to, in the
assessment now directed to ; upon and according to which assessment
now ordered (being first approved by the general court, after being
inserted in all the weekly newspapers printed in Boston, sixty da3's
before its presentation to the general court, that all concerned may ob-
ject if they see cause) the said commissioners shall issue their warrants
of distress against such partners as shall neglect to pay for sixty days
after the general court's approbation : which warrant of distress shall
be in the form following ; viz., —

PROVINCE OF THE MASSACHUSETTS BAT.
Form thereof. JOHN JEFFRIES, SaMUEL DaNFORTH, JOHN CHANDLER, EsqrS., Commis-

• P n sioners for the more speedy finishing the Land-bank or Manu-
•- ■ "J factory Scheme,—

To the Sheriff of the County of A, his undersheriff or deputy,
or either of the constables of B., — Greeting :

By vertue of an act of the great and general court or assembly of said
province, made at their session begun and held at Boston, upon Wednesday,
the twenty-sixth day of October, 1748, entitled '• An Act in further addition
to an act entitled ' An Act for the more speedy finishing the Land-bank or
Manufactory Scheme,' " there was an assessment made on the late directors
and partners in said scheme, for the drawing in the remainder of the out-
standing bills emitted on said scheme, whieh assessment has been duly pub-
lished in all the publick newspapers in Boston, agreable to said act, and
passed the approbation of the general court; since which more than sixty
days are passed : in which assessment A. B., of C, in the county of E., a
late partner in said scheme, was assessed the sum of , in lawful money

or Manufactory bills, as his part or proportion ; and altho' publick notice has
been given of said assessment, as aforesaid, yet the said A. B. hitherto neg-
lects to pay in the same, as is by said act required : —

[3d Sess.] Province Laws.— 1748-49. 443

Wherefore, by virtue of the authority to us given in and by the aforesaid
act, these are, in his majesty's name, to require you to levy by distress and
sale of the estate, real and personal, of the said A. B., the above sum of
, lawful money, and bring the same to us, at our office in Boston,
forthwith, returning the overplus, if any be, to the said A. B. ; and if there
cannot be found in your precinct estate sufficient to discharge the same, then
you are to commit the said A. B., if to be found in your precinct, to the com-
mon goal of the county of E., there to remain until he has paid the said sum
of , lawful money, and charges ; for all which this shall be your suffi-

cient warrant: save, only, that if you shall take the real estate of the said
A. B., that then the said A, B., his heirs, executors, administrators or assigns,
shall have liberty, for three months thereatter, to redeem the same, and it the
same shall not be redeemed within three months as aforesaid, by paying said
sum of , and charges, then you are required to sell the same as afore-

said, and return this warrant, and your doings thereon, into the office of the
register of deeds for the county of E., there to be recorded.

Given, under our hands and seals, at Boston, the day of , 174 ,

in the year of our Sovereign Lord, , by the Grace of God

King of Great Britain, &c.

J. J.
S. D.
J. C.

[Sect. 2.] And all sheriffs, their undersheriffs and deputies, and, Direction to tho
where the}' are interested, all coroners, and, where the sum exceeds not nerran'/cou-
ten pounds, all constables, are impowred and required to execute them ^!^c<;uii'i/°tiie
on the persons whose names are contained in said list, or their estates, warrams.
real or personal.

And as some of said partners are or may be deceased, or out of the
province, before such warrants of distress shall be issued, —

[Sect. 3.] The said shcrifis, coroners and constables are hereby im-
powred and directed to take such estate as they may find belonged to
such deceased person, or was by law liable to be taken if such deceased
person or persons were then living, and in the province ; the estate
taken, whether real or personal, to be sold, and the overplus, if any,
to be returned as by law required in ordinary cases of execution or
distress : save onl}^ that the liberty of redeeming the real estate shall
extend to three months only, after being taken ; upon the expiration of
which term of three months, if the same be not redeemed, the sheriff
or other officer who took the same, shall return the warrant of distress,
with his doings thereon, into the office of the register of deeds, in the
count}' where the lands lie, there to be recorded.

[Sect. 4.] And if there shall be a surplus in the hands of the com- surplus, how to
missioners, after redeeming said bills and paying the necessary charges, '^^ disposed of.
the said commissioners shall divide and pay the same equitably to and
among the said late partners, said division being first approved by the
general court.

And to the intent all possessors of said Land-bank bills may more
readily and easily receive such sum or sums as may be due upon or for
their bills, —

Be it further enacted,

[Sect. 5.] That the said commissioners, or a major part of them. Time and place
shall, as soon as they are enabled to redeem them, give publick notice in g/on^^s^°me'eth)<^
all the said weekly newspapers, of the time or times, and place or places for redeeming °
in the town of Boston, when and where they will attend to redeem publicly nou!
them ; which publick notice, being inserted six weeks successively in ^ed.
all the weekly newspapers printed in Boston, hereby is made and de-
clarrd to be a legal tender to all and every possessor and possessors of
said bills.

And forasmuch as, by the said burning, many papers and evidences

444 Peovixce Laws.— 1748-49. [Chap. 17.]

were lost, whereby said commissioners may be much embarrass'd 'which
might be eased b}' papers, books or receipts ia other persons' hands, —
Be it enacted and declared^
Commissioners [Sect. 6.] That Said Commissioners be and hereby they are author-
demamf papers. Jzed and Impowrcd to demand and receive of the late directors, treas-
urer, endorser, partners and clerks of the said late company, any and
all papers they shall judge needful, giving receipt for them, and to ex-
amine the said persons on oath touching the affairs of said late com-
pany. And the said commissioners, or a major part of them, are
directed to meet, for the first four weeks after the publication of this
act, two days in each week, and for the next four weeks, one day in
each week, and after that, one day each alternate or ever}' other week,
'till the scheme be finished, and no oftener, nnless, on a representation
made to the governour and council, they shall direct the commissioners
to meet more frequently. [^Passed January 3, 1748-49.

CHAPTER 17.

AN ACT IN ADDITION TO, AND FOR EXPLANATION OF, AN ACT ENTI-
TLED "AN ACT FOE, LIMITATION OF ACTIONS, AND FOR AVOIDING
SUITS AT LAW, WHERE THE MATTER IS OF LONG STANDING."

Preamble. "Whereas, in and by an act made in the thirteenth year of his pres-

1740-41, chap. 4, ent majesty's reign, entitled " An Act for limitation of actions, and for
^ ^' avoiding suits in law where the matter is of long standing," it is,

among other things, enacted, " That all actions for arrearages of rent,
or grounded on anj- lending or contract, without specialty, should be
brought within four years next after the cause of such action, in cases
where the cause of action should arise after the publication of the said
act, and, in those cases where the cause of action had arisen before,
within four years after the publication thereof, and not afterwards " ;
and whereas the latter part of the said clause was, at the time of mak-
ing the said act, generally understood to be meant and intended only
of such actions grounded on lending or contract, without specialty, as
are express'd in the act of parliament, which was pass'd in the twenty-
first j-ear of the reign of King James the First, entituled " An Act for
limitation of actions and avoiding suits at law" ; from which act the
before-recited law of this province is, with respect to the actions
therein mentioned, in a great measure copied ; but j^et the same, con-
strued in it's utmost latitude, may be understood to include actions of
the case upon bill or note of hand, and has lately been so adjudged by
some of the courts of judicature within this province ; and b}' the like
construction may be deem'd to extend to all actions of account and
upon the case, whatsoever, not excepting such accounts as concern the
trade of merchandize between merchant and merchant, their factors or
servants ; — by which construction, in the courts of judicature, very many
creditors have been greatly surprized and injured, who, upon the afore-
said general understanding of the said clause of the aforesaid provin-
cial act, and thro' lenity to their debtors, have foreborn to bring actions
for the recovery of debts due to them by promissary note, or otherwise
howsoever, upon simple contract, within the time limitted in the afore-
said law of this province for bringing actions grounded upon lending
or contract, without specialty, and will thereby, upon the aforesaid
construction of the latter part of said recited clause, be barr'd from
bringing actions for the recovery of the same, and great mischief and

[3d Sess.] Province Laws. — 1748-49. 445

inconvenience may arise in the trade of merchandize, and dealings be-
tween merchant and merchant, and other traders within this province :
now, for remedj'ing and preventing the same, —

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

[Sect. 1.] That all actions of account, or upon the case, grounded Further time
on any lending or contract or otherwise howsoever, in which the cause bHnahf/acti'ons
of action has arisen before the publication of this act, and which have of ao'count and
not yet been commenced or prosecuted to effect, may be brought and °° * '^ '^'^^^'
prosecuted at any time within four years after the publication hereof;
and in cases where such actions have been commenced, and judgment
hath been given upon plea in bar, or on tryal, for the defendant, the
plaintiff or plaintiffs in such action, their executors or administrators,
may bring and prosecute a writ of review of the said action in such
court where the same w^as tried, — within three j^ears after the making up
such judgments, — for the reversing the same, and recovering of their
debt, anything in the aforesaid act contain'd to the contrary notwith-
standing ; and shall have the like advantage for recovering the same, as
if the said act had never been made : and that all actions of account. Time limited
and upon the case, other than such accounts as concern the trade of aetions'of"^
merchandize between merchant and merchant, their factors or servants account and on
(the cause whereof shall arise after the publication of this act), shall be
brought within the term of four years next after the cause of such ac-
tions, and not afterwards ; and that all actions of account, which con-
cern the trade of merchandize between merchant and merchant, their
factors or servants, as aforesaid, maj- be brought and prosecuted at any
time after' the cause of such action, at the pleasure of such persons as
may be concerned ; anything in the aforesaid act to the contrary' in an}--
wise notwithstanding.

Provided always, and. he it further enacted,

[Sect. 2.] That this act shall not be understood to bar any infant. Proviso,
feme-covert, person imprisoned, beyond the seas, or non compos mentis,
from bringing either of the actions before mentioned within the term ,
before set and limitted for bringing such actions, reckoning from the
time that such impediment shall be removed.

And ichereas it may happen that some debtors may be out of this preamble,
province during the whole or some considerable part of the term of
time by this act allowed and limitted for bringing such actions as afore-
said, and the creditors in such case not have like advantage with other
creditors for recovering their debts, —

It is therefore hereby further inovided and enacted,

[Sect. 3.] That if any debtor shall continue out of this province Proviso whore
more than twelve months within the aforesaid term, in such case the unue°sout'ofthe
creditor shall be allowed such further time for bringing his action and province.
recovering his debt as shall appear, to the satisfaction of the court in
which such action shall be brought, that the debtor had continued out
of the province within the four years before mentioned. [^Paused Feb-
ruary 1, 1748-49.

446

Province Laws.— 1748-49. [Chap. 18. J

ACTS

Passed at the Session begun and held at Boston,
ON the Fifth day of April, A. D. 1749.

CHAPTER 18.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE BEACH IN BIDDE-
FORD, AND MEADOWS ADJOINING TO SAID BEACH, COMMONLY KNOWN
BY THE NAME OF WINTER HARBOUR-BEACH.

Preamble.

No neat cattle,
borses or sheep
to be turned on
Winter-Harbor
Beacli or mead-
ows.

Penalty.

Creatures
turnefl on said
beach, &c., to
be impounded.

Owners to pay
a fine, and cost
of relieving.

Creatures to be
eold, iu case.

Whereas by the frequent numbers of neat cattle, horses and sheep
feeding upon said beach and the meadows adjoining thereto, the said
beach is much broken, and the sea breaks over it and carries the sand
into the harbour and upon the meadows ; and there is great danger, if
such practices are not prevented, that the harbour in said town will be
intirely ruined, and the meadows within said beach utterly spoiled, to
the great damage of the owners thereof, —

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

[Sect. 1.] That from and after the publication of this act, no per-
son or persons shall presume to turn or drive any neat cattle, horse-
kind or sheep, upon the beach called Winter Habour Beach, in Bidde-
ford, or upon the meadows adjoining, upon the penalty of ten shillings
a head for neat cattle or horses, and three shillings for each sheep, that
shall be turned or found on said beach or meadows : the one half of
said forfeiture to be to the informer, and the other half to and for the
use of the poor of said town of Biddeford.

And be it further enacted,

[Sect. 2.] That if any neat cattle, horse-kind or sheep, shall, at any
time, be found feeding on said beach, meadows or shores adjoining to
said beach, it shall and may be lawful for any person to impound them,
immediately giving notice to the owner or owners of the same, if known,
otherwise to give publick notice thereof in said town of Biddeford ; and
the impounder shall relieve said creatures with suitable meat and water
while impounded ; and if the owner thereof appear, he shall pay two
shillings for each neat beast or 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 three days
to redeem the said cattle, horse-kind or sheep so impounded, and to pay
the cost and damage occasioned by impounding the same, then and in
eveiy such case the person or persons impounding such cattle, horse-
kind or sheep, shall cause the same to be sold at publick vendue, and
pay the cost and charges about the same (publick notice of the time
and place of such sale being given in the said town of Biddeford and
the two neighbouring towns, fortj--eight hours before hand), and the
overplus, if any there be, arising by such sale, to be returned to the
owner or owners of such cattle, horse-kind or sheep, at an}' time within
two months next after such sale, upon his demanding the same ; but if

[4th Sess.] Province Laws. — 1748-49. 447

no owner appears witbin said two months, then the said overphis shall
be one half to the persons impounding, and the other half to be returned
to the town treasurer of said town of Biddeford, for the use of the poor
of said town.

And be it further enacted^

rSECT. 3.1 That the inhabitants of the said town of Biddeford shall Fences may be

L -J Gr6Ct6U.

and ma}', from time to time, have libert}' of setting up two fences in the
most convenient places across the country road, in order the more
effectualh' to prevent cattle, horses and sheep going and feeding on said
beach : provided a gate be made in each fence sufficient for the passage
of carts and other carriages.

And he it further enacted,

[Sect. 4.] That the said town of Biddeford, at their meeting in Officers to be
March, annually', for the choice of town officers, be authorized and im- ^hiTactexe!^
powred to chuse one or more meet person or persons whose duty it cuted.
shall be to see this act observed, and to 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
the sum of twenty shillings for the use of the poor of the town of Bidde-
ford ; and upon said refusal, said town may from time to time proceed
to a new choice of such officer or officers : and said town of Biddeford,
at a town-meeting warned for that purpose, may, at an}^ time, chuse
such officers, who shall continue 'till their annual meeting in March
next.

[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 April
22 ; published April 27, 1749.

CHAPTER 19.

AN ACT FOR CONTINUING TWO LAWS OF THIS PROVINCE, IN THIS ACT
MENTIONED, WHICH ARE NEAR EXPIRING.

"Whereas an act was made and pass'd in the fifteenth year of his Revival of two
present majesty's reign, intitled " An Act for the better regulating the '^^^"
choice of petit jurors"; and another act was- made and pass'd in the ^ '41-42, chap. 1 .
nineteenth year of his present majesty's reign, intitled ''An Act for jurors! ° ^^ '
preventing the unnecessary destruction of alewives in the town of Sand- 1745-46, chap. 14.
wich," both which laws ai'e near expiring ; and the said laws have by Destruction of
experience been found beneficial and necessary for the several purposes sandwich.'^
for which they were passed, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,

That each of the afore-recited acts, and every matter and clause
therein contained, be and hereby are continued and revived, and shall
continue and remain in full force five years from the publication of this
act, and no longer. \_Passed April 22 ; published April 27, 1749.

Notes. — There were foitr sessions of the General Court this year, at all of which acts
were passed. The engrossments of the acts of the first session, only, are preserved. All
the acts, however, were printed as of the sessions in which they were, respectively, enacted
except cliaptcrs 1 and 2, which were printed separately.

The acts of the first session were received by the clerk of the Privy Council, in waiting,
June 28, 1749, having been regularly certified for forwarding, on the 7th of Octol)er previous.
On the 29rh of June'' they were referred to the Lords of Trade, by whom they were received
on the 6th of July, and sent the next day to Mr. Lamb, for his opinion thereon. Mr.
Lamb's report to the Board is dated December 6, 1751, and concludes as follows : " Upon

448 Provixce Laws. — 1748-49. [Notes.]

perusall & consideration of the aforemenf Acts I have no olijection to make thereto in point
of Law."

The acts of the last three sessions were despatched from Boston under date of Sei3teinl:)er
8, 1749, and had reached the Privy Council by the 4th of Deceml)er following, when they
were referred to a committee. By this connnittce they were ordered to he sent ro the Lords
of Trade, December 8 ; and were received by the Board, January 17, 1749-50. On the 3d of
April, 1750, thej' were sent to Mr. Lamb, in the usual course, and were reported I'ack by
him Decemljer 6, 1751. In this report, "no olijection " is entered against chapters 8, 9, 10,

11, 12, 13, 14, 18 and 19; lint special comments are made on chapters 15, 16 and 17, which
are hereunder given, in full, in the notes to those chajiters, respectivelJ^ Wr. Lamb con-
cludes his report in the same language used by him at the close of his report, of the same
date, on the acts of the first session.

On the 4th of June, 1752, the Lords of Trade signed their report to the Privy Council.
In this report, chapters 1, 2, 3, 4, 5, 7, 8 and 10 are represented as " for a temporary service,
and are either expired or the purposes for which they were granted have been completed."
Chapters 9, 11, 12, 13, 14, 16, 17 and 18 are represented as appearing "to have been enacted
for the particular convenience and benefit of the Province, and," the report continues, "as
Mr. Lamb has no objection to any of them in point of Law, We see no reason Avhy His
Majesty may not be graciously pleased to confirm them"; and chapters 6, 15 and 19 are '
commented upon in the language given hereunder in notes to those chapters.

Upon this report an order in Council was passed, June 30, 1752, confiiTuing chapters 9, 11,

12, 13, 14, 16, 17, 18 and 19.

Chapter 15 was separately acted upon by the Home Government, and confirmed, by an
order in Council, June 28, 1749, the particulars of which are given in ,the note to that chap-
ter, post.

In the list certified by Secretary Willard, and acted upon by the Lords of Trade and the
Privy Council, the acts, after chapter 7, are treated as of one session, and chajiters 18 and
19, which were passed at the session held, by adjournment, April 5, 1749, are placed before
chapters 15, 16 and 17, which were passed at the session held, by adjournment, December
21, 1748. There seems to be no good reason for this grouping of the acts, imless the con-
vening of the Assembly in October, after a prorogation, was considered the proper com-
mencement of a session that could only be terminated liy another prorogation, or dissolu-
tion. As records of many, if not most, of the prorogations have not. been preserved, it
would be impracticable to adopt this rule in dividing the sessions at this day ; and even if
such a division could be strictly made, it would lie far more convenient, for liistorical pur-
poses, at least, to group the acts according to the several sittings during which they were
passed. See, also, preface, pp. xx. and xxi.

Chap. 3. "As to the Bill for the Supply of the Treasury, tho' I am still of the mind that
it would have been much more, for the General Good of the Province to have Stop'd your
Hands as to Issuing more Paper Money, & to have gone into some Safer Way for the sup-
ply of the Treasury, Yet considering tlie present Exigency, And the great Hardships that
some Persons might lie put to by delaying the Supply, I have thought projier to sign my
Consent to the Bill." — Message of Governor Hhirley to the Assembly, June 23, 1748 : Coun-
cil Records, vol. XVIII., pp. .369-70.

Chap. 4. " June 24. 1748. In the House of Represent^'^s Voted that James Allen &
Adam dishing Esq'"^ with such as the Hont''<' Board, shall join, be, and hereby are appoint-
ed a Comm"=« to Lett to Farm the Excise in the County of Sutfolk Pursuant to an act for
granting an Excise &c as passed this Court in the present Session — That Thomas Rowell &
James Collins Esq'' with such as the Hon'^''^ Board shall join be a Comm*>^^'' for the purpose
aforesaid in the County of Essex — Andrew Boardman Esq"" & Mr James Russell, with
such as the Hon"^'« Board shall join in the County of Middlesex. — John Worfhington Esq''
& Mr Phineas Lyman with such as the Hon'^''' Board shall join, in the Coimty of Harap-
shke — Nahum Ward Esq' & Capt Will'" Richardsori with such as the Hon''''^ Board shall
join, in the County of Worcester, — Isaac Little & Thomas Foster Esq''" wi<h such as the
Honbie Board shall join in the Coimty of Plymouth —James Otis & Joseph Thatcher Esqil^
with such as the Hon'^'" Board shalljoin in the County of Barnstable— Capt. Sam" Tyler
& James Williams Esq"" with sueh as the IIon'''« Board shall join in the County of Bristol —
John Storer & Simon Frost Esq''^ with such as the Hon'''*' Board shall join, in the County
of York— Mr John Sumner & Mr John Norton with such as the Hon^'i- Board shall join
in Dukes County.— Mr Aliisha Folger & Mr Josiah CoflSn with such as the Hon'^i>= Board
shall join in the County of Nantuckett.

In Council, Read &• Concurred & Jacob Wendell Esq'' is joined to the said Comra*'"e to
Farm the Excise in the County of Sutfolk— Thomas Berry Esq'' in the County of Essex. —
Ezekiel Cheever Esq'' in the County of Middlesex — Joseph Pynchon Esq'' in the County of
Hampshire.— John Chandler Esq'' "in the County of Worcester.— John Cushing Esq"' in the
County of Plymouth— John Otis Esq"" in the County of Barnstable— Geoi-ge Leonard Esq^
in the County of Bristol.— Jeremiah Moulton Esq'' in the County of York. — Zaccheus Ma-
hew Esq'' in "the County of Dukes County & John Bunker Esqr. in the County of Nan-
tuckett. Consented to by the Governour" — Ibid., p. 371.

" Nov 3'i 1748. Jacol) Wendell Esq"" from the Connntee for letting out to Farm the Ex-
cise on Strong Liquors for the Countj' of SuflTolk. Reported as follows, viz. The Comm'^a
appointed the" 24"' of June last to farm out the Excise on Strong Liquors &c in the County
of Suffolk have attended that Service & sold the same to the'highest Bidder Capt. Jeffry
Bedgood for Two Thousand five Hundred Pounds Bills of the last Tenor pr Annum for
Three Years Commencing the 29 of June last & have taken Three Bonds, executed by said
Bedgood, William Coffin & Thomas Green for the Payment of the same to the Province
Treasurer, to whom we have dehvercd said Bonds— Jacob Wendell pr Order. In Council
Read & Accepted— In the House of Rcpresent^'^s Read and Concured— Consented to by the
Governour " — Ibid., p. 380.

[Notes.] Peovince Laws. — 1748-49. 449

" November 5 1748 George Leonard Esq^ from the Comm*«« appointed to let to Farm
the Excise on Wines Liquors &c in the County of Bristol. Reported that they had Farmed
the same for three years from the 29'^ of June last unto Samuel White of Taunton Esq'' for
one hundred & Twenty Eight Pounds, in Bills of the last Emission pr. Year & had taken
Bonds \\ith suretys for the Payment thereof and delivered them into the Hands of the
Province Treasurer— In Council : Read & accepted— In the House of Representees Read &
Concured. Consented to by the Govcrnour." — Ibid., p. 384.

" Nov 8. 1748. Thos Berry Esq'' from the Comm"'« appointed to farm out the Excise on
Wines Liquors &c in the County of Essex. Reported that they had let out the said Excise to
Benj" Prescott jun'' of Salem for three years from the 29"> of June last for seven Huntked &
seventy six Pounds live shillings p-" annum & had taken Bonds of him with suretys to the
Province Treasurer for the Payment thereof & delivered them to the Treasurer— In Council
Read & Accepted-

In the House of Represent^'^' Read & Concur'd— Consented to by ye Gov" — Ibid., p. 385.

John Otis Esq'' from the Comm'^'^ for farming out the Excise on strong Liquors &c in the
County of Barnstal)le reported that they had let out said Excise to David Gorham Esq'' for
three years from the 29"' of June last at the Rate of one Hundred & fifty four Pounds ten
shillings per Annum & taken his Bond with Sureties and lodged them with the Treasurer —
In Council Read & Accepted— In the House of Represent'«8 Read & Concured Consented to
by the Govcrnour." — Ibid., p. 389.

"Nov 11. 1748. John Chandler Esq'' from the Comm'^e for fanning out the excise in
Worcester County on Wines Liquors &c re])ortcd that they had let out said Excise to John
Chandler J\iw^ for three years at the Rate of One Hundred & fifty seven Pounds pr Annum
& have taken Bonds with Suretys which they have lodged with the Province Treasurer : —
In Council Read & accepted — In the House of Representees Read & Concured — Consented
to by the Govcrnour." — Ibid., p. 391. *

"February 1. 1748. The Report of the Committee for letting out the Excise in the
County of Nantucket was Accepted by both Houses & Consented to by the Governom* "
—Ibid., p. 443.

" Felwuary 1. 1748. The Report of the Commt^e for letting out the Excise in the County '

of Middlesex was Accepted by both Houses & Consented to by the Govemour " — Ibid., p.
443.

" June 28. 1750. In the House of Representees Whereas in the Act made & pass'd in the
twenty fii'st Year of His present Majesty's Reign intitled an Act for granting unto his Maj-
esty an Excise upon Wine & Spirits distilled, sold by Retail & upon Limes Lcmmons & .
Oranges, mention is made of certain Sums, to be paid for the Duties of Excise on Brandy
Rum & other Commodities therein mentioned, as also of certain Sums to be forfeited & paid
for the Violation or Non Observance of said Act ; But no Discrimination is therein made
betwixt lawful Money & Bills of publick Credit, nor is it declared whether those Sums
shall be paid (according to their Nominal Value) in the one or in the other determinately ;
By reason whereof some Doubts & Disputes have arisen, & may arise unless prevented by
this Court.

Therefore. Resolved that by the several Sums in said Act mentioned (either as a Duty of
Excise or as a Penalty) were intended so much in Bills of publick Credit then last Emitted
or Value there of, & no more. And the said Act, ought so to be understood & Construed &
put in Execution accordingly. In Council; Read & Concur'd — Consented to by the Lieut-
Govern'."— /6i<i., vol. XIX., p 224.

Chap. 6. " Upon the three following Acts entituled : —

An Act for continuing su7idry Latos of this Proviiice expired or near expiring. 1748-49, chap. 19.

An Act for continuing two Laws of this Province in this Act mentioned which are near 1747.50, chap. 16.
expiring.

An Act for reviving and continuing of sundry Laws that are expired or near expiring 1742-43, chap. 34.

We beg'lcavc to acquaint Your Lordships that all the several Laws, therel>y revived or
continued have been confirmed by His Majesty except the Act to enable the Toicn of Wei/- 1738-39, chap. 15.
mouth to regulate and order the taking and disposing of the fish called Shadd and Alewives
within the limits of that Town, and the Act to enable Creditors to receive their just debts out
of the effects of their absent or absconding Debtors, which acts do not appear to us to have
been ever laid before His Majesty as they ought to have been pursuant to the directions of
the Charter of the said Province granted by King William & Queen Mary.

As it appears however from the annex'd Copies of the said Acts, transmitted to us by the
Secretary of the said Province that they were enacted only for their private convenience,
We see no reason why His Majesty may not be gi'aciously pleased to confirm the above-
mentioned three Acts." — Report of the Lords of Trade: "Mass. Bag, B. T." vol. 84. p. 262,
in Public-Record Office.

By referring to the notes at the end of the j'car 1738-39, it will be seen that the above-
named act of that year reached the Board of Trade, and was submitted to, and reported
upon by, Mr. Fane. Nothing further, however, has been discovered tending to show that
this act, or the acts of the fourth session of the year 1742-43, including chapter 34 above
mentioned, were ever formally laid before the Privy Council.

Chap. 7. "April 21. 1749. His Excellency sent the following Message to both Houses
by the Secretary.

Gentlemen of the Council & House of Representatives One of the Members of his Majes-
ty's Council has laid before me a villanous Paper importing a wicked Conspiracy for rob-
bing him of part of his Estate, by extorting a sum of Money from him, & threatning him
•with the burning of his House, Warehouses and Vessells & the mmthering of his Person
in case of his refusal to comply with their Demands.

Gentlemen, This being the first Instance of this Kind of execrable Villany attempted in
this Province, it highly imports this Legislature to make Provision for Preventing & pun-

450 Peovince Laws. — 1748-49. [Notes.]

ishinj^ the .=ame Attempts for the future ; Wherefore I desii-e you would immediately take
the matter into Consideration & do what you judge Necessary Ijefore you Rise.

In the House of Represent*''''' Read together with the Paper referred to, and Ordered
that Mr. Speaker, Colo. Heath, Col" Otis, Col" Dwight, & Col" Buekmiustcr, with such as
the Honb'<" Board shall join Ije a Committee to consider this Message & Paper referred to,
& report what they judge proper for this Court to do thereon ; the Committee to sit forth-
with. In Council Read"& Concured; And Samuel Welles, Sam" Danforth, Andrew Oliver
and John Otis Esqi's are joined in the affair." — Council Records, vol. X VIII., }). 467.

"April 22i' 1749. Samuel Welles, Esq"' from the Committee on his Excellency's Message
referring to the threatning Letter sent to one of his Majesty's Council gave in the following
Report

The Committee appointed to Consider of his Excellency's Message of this Day are of
Opinion, that all possible means should be used to detect & punish the horrid Crimes his
Excellency refers to, & to prevent such heinous & detestable Practices for the future ; And
therefore they humbly Apprehend it to be proper for the two Houses to desire & advise Ms
Excellency to issue a Proclamation promising a Reward of two hundred Pounds, Bills of
the last Emission to any Person or Persons who shall inform or discover one or more con-
cerned in tins Wicked Conspu'acy so that he or they may be Convicted ; And if the Informer
shall have been an Accomplice or engaged in said Crime, he shall be forgiven, And to the
End the greater Horrour & Detestation may be raised in the minds of his ISIajesty's good
Subjects with respect to this atrocious & execrable Design : The Committee humbly report
as their Opinion that the two Houses desire his Excellency to insert in the Proclamation,
the sum & sultstancc of the Anonymous Letter rcfereu to in the Message & Some of the im-
pious'insolent inhuman Message verbatim that thereby all his Majesty's good Subjects may
see how reasonble & necessary it is that they join Universally in their Endeavours to bring
forward to Exemplary Punishment the profligate 8* abandon 'd Wretches concerned in this
Wicked & impudent Comljination : The Committee A\'6uld propose that some Gentlemen of
each House Ije appointed to prepare the Draught of a Bill for the more easj' & effectual
preventing or detecting such Abominable & dangerous Crimes hereafter to be laid before
F this Comt at the begginning of their Session in Mav next

April 21. 1749. by "Order of the Committee Sam"" Welles.

In the House of Representees Read & Accepted & Mr. Speaker, Mr Hubbard, with such
as the Hon'^'f Board shall join are a Committee to prepare the Draught of a Bill Accordingly
In Council ; Read & Concured.

Consented to by the Governour." — Ibid., p. 470.

Chap. 8. On the 10th of June, a hill appropriating £1900 for the support of the Governor
was passed to lie enacted by both branches of the Assembly, and on the 14th the Governor
sent the following message to both branches : —

" The Secretary has laid before me, for my signing, an Engross'd Bill (pass'd to be Enact-
ed by both houses) for granting the sum of Nineteen Hundred Pounds for my Support. 1
am very sorry I have this Occasion to continue, or, rather, revive the Dispute between his
Majesty & this Province, concerning the support of his Governour, after his Majesty's gra-
cious Condcscention Manifested in his Instruction to me on that Head, at my Entrance upon
the Goverment. By this Instruction I was commanded first to recommend it to the As-
sembly in the most pressing & effectual manner, to pass an act for the settlement of one
Thousand Pounds Sterling pr Annum on my self & my Successors in the Goverment or at
least upon my self, during'the whole Time of my Goverment. But in case the assembly
slionld not readily comply, with this his Majesty's reasonaljle Recommendation I was Im-
powrcd in the Mean Time, for the Support of my Dignity, as his Majesty's Governour to
give my Consent to such Bill as should be annually pass'd for paying me a Salary of one
Thousand Pounds Sterling, or the Value thereof in Money of this Province until his Majes-
ty's Royal Pleasure shoufd be signified to the Contrary &c. Provided such Act be the first
that shall be pass'd by the Assembly of the Province before they proceed upon the other
Business of that Session.

By Vertue of the Indulgence given me in the latter part of this Instruction I have from
Time to Time, accepted the Grants made for my support Ijy former assemblys (all w^ ex-
cepting the last were about the Value of one Thousand Pounds Sterling) without engaging
in any considerable disputes ; which would have been Exti-eemly contrary to my Disposi-
tion. As to the Grant vf"^ was made me last Year, tho' it was considerably short of the
sum which his Majesty insists upon, yet as I was loth at so Critical a Juncture as that was
to enter into Any Controversy with the last asscmljly, least it should have had a bad Effect
upon our aflfliirs depending in great Britain, by giving a Disgust to the Goverment there, I
acquies'd in it not doubting but the succeeding assemblys would have a proper Considera-
tion of what I should suffer by my acceptance of that Grant.

But now Gentlemen, that you should still proceed to make a Defalcation from my Salary
of at least one quarter part of the sum which his Majesty expects should be allowed for
the Support of his Governour, & that at a Time when the Cares & Burthens of Goverment
are so great in this Province, as in no degree to be parralled in Any other of his Majesty's
Plantations, & w" the Extravagant Prices of all necessaries of Life in this Province do so
nnich Exceed even the Ordinary Exchange between Great Britain & this Place, I am per-
swadcd must be highly displeasing to his Majesty & looked upon by hun as an Instance of
yr Ingratitude to him "for his late favour in promoting y Reimburstment for the Expences
of the Late Expedition against Cape Breton, w^^ there can be no doubt now of their being
secured to you.

Upon these Considerations, Gentlemen of the House of Represent^'^', I must desh-e you
would reconsider the Bill for my support & make such Alterations therein as may make me
some Amends for the Deficiency in the last Year's Grant, & put it into my Power to sign
my Consent to it consistently with his Majesty's Instructions " — Ibid., pp. 357-8.

Four days later the House of Representatives sent to the Governor the following message
in reply :—

[Notes.] Province Laws. — 1748-49. 451

" May it please y Excellency — The House having taken nndcr their mature Considera-
tion j-f message to both Houses of the 14'i> Instant, moving the House to reconsider & make
some Alterations in the Eill which has pass'd hoth Houses this Session for your Ex<=>'s
Support beg Leave thereupon humbly to say, that it is with Pleasure the House observes
y Ex^v's expresses a Rcluctancy at Reviving a Dispute Relating to tixing a salary on the
Governour for any certain Time ; A Dispute which in some former Administrations, has
been attended with the most uncomfortable Consequences, & which if Revived, might En-
danger the peace & Harm.ony, that has hitherto subsisted in the present, & which this House
most earnestly desu-e, may still coiUinue, & can assure your Excellency that we should bfe
ver}' loth to give your Excellency the least ground of uncashiess l)y witholding such an
Am])le & honorable support as is agrcable to the Dignity of your Station, & the Atiility of
the People we represent, which we think ought to l)e the Rule of our Proceeding in this
Affiiir. On these Principles former Assembiys (as this House apprehend) have proceeded
in the several Grants they have from Time to Time made for your Excellency's Support;
which tho' not always the same in Value, you have l«cn pleased to accept ; and it appears
Evident to this House, that it was on the Assurance formerly given to his Majesty, that
future assembiys would make the Dignity of the Governour's Station & the Ability of the
People considered together, the Rule of their Proceedings in this afiair that the controversy
about fixing the salary was discontinued, & Leave given to receive the same Accordingly.

The Grant of Nineteen Hundred Pounds for your Excellency's Support now under Con-
sideration on the most carefull Survey of the Circumstances of the I'cople; we can't but
apprehend equal to Any ever yet made to y Excellency for that Purpose ; And if S'' there
be Any Ditl'erence in its real Value (of which the House are not convinced) yet that differ-
ence is aliundantly more than Ballanced by the different Circumstances of disadvantage
that this People Labour under. True it is & we Acknowledged it with hearts full of Grat-
itude to our most Gracious Sovereign, his Parliment & Ministry that there is now a hope-
full Prospect, if not a Certainty of a Great Part of that Load of Debt arising by the Reduc-
tion of Cape Breton &c. being paid from Home; but then your Excellency will please to
Consider that this is but a partial Deliverance & Freedom from Total Ruin & Despair only ;
& that not« ithstanding this, we are under very heavy & distressing Cu-cumstanees not only
hi Comparison of other Goverments on the Continent, to whom we are a Cover in this Time
of War but also (and which we take to be more directly to our purpose) if compared with
our selves a few Years past, which a])pears evident from the following Instances

First, A Yearly Expence of ab' Four Hundred Thousand Pounds Old Tenor is occa-
sioned by the War, & this Sum laid as a Tax on this People this present Year, — Secondly,
A great Number of our valuable Towns & Inhabitants in our Northern & Southern Boun-
darys, have been taken from us & annexed toother Goverments, — Thirdly many Thousands
of our Rateable Inhabitants have been carried from us by the Expedition against Louis-
bourg the forming & Recruiting the two American Regiments there, the Protection of Nova
Scotia, the manning of the King's Ships, & the Defence of our Frontiers, besides consider-
able Numbers, who from the Peculiar Distresses of this Province are daily removing into
other Goverments. by ■\\hich both our Trade & Husbandry arc very much Stagnated & dis-
couraged : — These things greatly Lessen our Ability & render the present Grant to y Ex-
cellency, more in proportion thereto, than any other heretofore made : — And on these Ac-
counts the House have Voted to make no Alteration there.

The House therefore most Earnestly praj' y^ Excellency to Accept the same (which was
chearfully made you) as cquall to the present Ability of this People ; In whose Bmthens &
Distresses j-our Excellency can have no Dehght." — Ibid., pp. 364-5.

On the 22d of June the Governor sent back the following message : —

" Gentlemen of the House of Representees — Yesterday your Committee delivered me your
Message in Answer to mine of the U"" Instant to both Houses, concerning the Bill lately
pass'd for my support, wherein you express your earnest Desh'e that I would accept the
Grant that you have therein made me, — As to the reasons set forth in your Message why
you have Voted not to make any alterations in your present Grant, I shall not now make
any further Answer to them, than by saying, I don't think them sufficient to Justify me in
Accepting it. I ^\oukl only observe upon what you mention of my acceptance fronr Time
to Time of the scvei'al former Grants made me as not being all of them the same in Value ;
That the Difference between Any of them in Value except the last, was so trifling, that I
did not think fit to Enter into any Dispute about it, & that all of them the last only excepted
were of about the Value of one Thousand Pounds Sterling each. And as to the last Grant,
Gentlemen, I have before told you That I dcchned Entering into Any Dispute concerning
it, because such a Dispute on your Part would have been disagreeable to his Majesty, &
might have had a very 111 Effect upon the Interests of the Province then depending, for the
Consideration of Parliament, which I don't think should be urged as an Argument for my
accepting this present Grant likewise, the case being now much altered in that respect.

Upon the whole Gentlemen I look upon my self restrained by his Majesty's Instructions
from Accepting y Grant, & am therefore determined not to sign my Consent to the Bill." —
Ibid., p. 3G8.

On the 11th of November, following, a new bill was passed to be enacted by both branches
of the Assembly granting the Governor the sum of £2,000 for his support. To this bill the
Governor expressed his objections in the following message to both branches : —

" The Secretary has laid before me a Bill pass'd to be Enacted by both Houses for grant-
ing the sum of Two Thousand Pounds for my Support. I was in Hopes that upon further
Consideration of my Refusal of the Grant of Nineteen Hundred Pounds pass'd the last
Session, your pi'esent Grant would have been so Much Increased as to have made it un-
necessary for me (Gentlemen of the House of Represent* «*) to make reply to your Message
of the 18"' of June, wherein you assign your Reasons for not then Enlarging your Grant
of Nineteen Hunch-ed Pounds ; But sinccthe Addition, vou have made to that sum in your
Present Grant, is so Small that it Still falls greatly Short of a Support for me Suitable to
my Station. I shall Enter upon the Consideration of your Message.

You then say Gentlemen you should be very loth to give me the least ground of Uneasi-

452 Province Laws. — 1748-49. [Notes.]

ness by witli'olding such An Aini)le & honorable Support as is Agreahle to the Dignit\' of
My Station & the Ability of the People you rcjircscnt, which you think ought to Ijc the Rule
of your Proceeding in tliis Atlair : That you Apprehend former Asseniblys have Proceeded
on "these Principles" in their Severcal Grants. And that it appears Evident to this House that
it was on tlie Assurance formerly given to his Majesty that future Asscmblys would make
the Dignity of the Governour's Station & the Ability of the People considered together the
Rule of their Proceeding in this Affiiir, tbat the Controversy About fixing the Salary was
discontinued & Leave gn'en to receive the same Accordingly. I shall therefore Gentlemen
consider the Matter in Dispute between us in the same Li.!,dit with you, so that the Question
will Ijc, whether you have in y present Grant, for my Support conformed to what you say
ought to be the Rule of your Proceedings, to the Principles upon which former Asscmblys
have Acted, & to the Assurance they have given to his Majesty in this case & w^' we appre-
hend to have been his Majesty's Inducement for discontinuing his Demand of a fixed Salary
for his Governour. The Resolving of this Gentlemen will depend upon the determination
of two Points viz. what sum may be deemed under the present Circumstances of the Coun-
try An Ample & honorable Support for his Majesty's Governour of this Province, suitable
to the Dignity of liis Station, and the Abihtys of the People, & whether the Sum j^ou have
granted tbr my Supiiort is of that Vakie.

As to the first of these points ; upon tracing the Disputes concerning a fixed Salary back
to Mr Burnet's Administration in 1728. it appears that Three Thousand Pounds in the Prov-
ince Bills of the old Tenor according to then- real Value of that Year in the Judgment of
the Assembly who gave his Majcstythe AssurancG referred to in your Message, viz, that
succeeding Assemlilys according to the Ability of the Province, would Grant his •Governour
As Ample a Support, as the Grant then made by them thought no more than what was
requisite for the Governour's Support & what the Abihty of the Province could then Afford.
Now Gentlemen, if the Three Thousand Pounds in Bills of Credit then Granted Governor
Burnet, Compared with the Prices of Provisions & other Nccessarys of Life, was at that
Time cquall to Three Thousand Pounds in Bills of Credit of the last Emission, Compared
with the present Prices of Provisions & Nccessarys of Life as is the Case, supposing the
Prices of them Computed in Bills of the Old Tenor to he only fdur Times as much now as
they were in the Year 1728. which is a Computation of their Rise, & of that of the Price of
Labour too Moderate to Admit of Any reasonable Doubt ; then it undeniably follows, upon
the Assurance that was given to his Majesty by former Asscmblys & induced him to discon-
tinue his Demand of a fixed Salary for his Governour, and the Principles you Acknowledge
other Assemlilys have Acted upon, as also the Rule which you Profess you are laonnd to
are bound to govern yourselves by, that Three Thousand Pounds in Bills of the last Emis-
sion is the Sum ^\ hich ought to be granted for my Support, if the Chcumstances of your
Constituents can afford it.

As to the Computation I have made of the Proportion between the Value of Three
Thousand Pounds in Bills of Credit of the Old Tenor 1728, & of Three Thousand Pounds
in Bills of the last Emission at this Time it will appear to be a very Moderate one, if the
present Bills ai'c compared \\-ith the Price, of Silver as -ivell as that of Provisions ; The Price
of which former is known to be at the Rate of 5s Sterls <^ ounce in Bills of Credit of the
Old Tenor, & of the latter compared with the present Price of Silver to be one quarter part
at the least more than what the Price of Provisions in 1728, Compared likewise with the
current Price of Silver, at that Time was, which would make the Value of Three Thousand
Pounds in Bills of the Old Tenor to havfe been in 1728, equal to the present Value of Three
Thousand one Hundred & twenty five Pounds in Bills of the last Emission ; To this Com-
putation of the Value of the Bills of Credit now Compared with the Present Price of Silver,
your own & that of the former Asscmblys in the Bill & Letter transmitted to your Agents
in England agrees: But if this Computation of the Value of Bills of Credit is Compared
with their present Settled Value in private Bills of Exchange then it will appear to be still
more Moderate.

As to the Abilitys of the People, Gentlemen, you say that evidently Appears that your
Constituents are under distressing Chcumstances if Compared with themselves a few Years
past from the following perticulars, viz, 1.^' The PubUc Debt. 2'iiy The gi'cat Number of
your valuable Towns & Inhabitants in your Northern & Southern Boundarys which have
been taken from you & annexed to other Govcrments, S-^'y The many Thousand of your
Ratealile Inhabitants which have lieen caft-ied off from you by the Expedition against the
Spanish Settlements in the West Indies & Cape Breton; by the forming & recruiting the
two American Regiments there; the Protection of Nova Scotia; The Manning the Kings
Ships, & the Defence of our own Territory s, besides Considerable Numbers who are dayly
removing into other Goverments by which your Trade & Husbandry are very much Stag-
nated & Diminished.

Now Gentlemen, as to your present Number of Rateable Polls Compared with the Num-
ber of them in 1728. It appears by the Several Valuations begun in the Year 1727, 1735 &
1741. & ended 1728, 1736 & 1742, that in the Year 1728 the Rateable Polls did not exceed—
30.000. That in 1736 thev were increased to— 34.000. & in 1742 to— 41.000. & if the same pro-
portionable Increase is allowed lietween the Year 1742 & the present Time as was in the pre-
cecding six Years without Any Deduction for the Losses you Mention, then they would
Amount now to 48.000 at least but of which if you Deduct for the ratcble Polls carried off
from you with the Towns that have been Ancxed to other Goverments a 1000, for those
taken "off in the two Expeditions, 1900, (as to those which were last sent to Annapolis which
•were about 270, thev will return this winter) for those lost in the protection of Nova Scotia
150, for those lost in the Defence of your own Frontiers 100, & for those taken from you by
Removals into the Other Colonies 100 more, which are I apprehend Sufficient Allowances
for these Deductions & Amount in the whole to 3250, then your Increase of ratealile Polls
since the Year 1728. will remain 14750, or near one half of what the Number within the
Province then \\as.

What Number of Inhaliitants may have been taken off from you in formmg & Recritit-
ing the Two American Regiments is uncertam but with respect to the forming & Recruiting

[Notes.] Province Laws. — 1748-49. 45^^

my on-n I can say, that I hare raised in the whole upwards of a 1000 men, ahont 170 of
which were enlisted at Louislnirg out of the New England Soldiers employed in the De-
fence of the Place, & what Number of these belonged to this Province I can't say, but I
don't reckon that I have Enlisted 250 out of this Prov^^e, & as to recruiting within it I have
wholy Abstain'd from that, & none have licen Enlisted for my Regiment within it since
the Begginning of the Expedition against Canada, except a few Scattering Men who have
voluntarily ofifercd themselves to one or other of my officers ; what Number of Men you
may liUei\ ise have lost by Manning the Kings Ships I cah't Say, the Burthen of that I
know Gentlemen has lain very hakl upon this Province, and tho. I belive the Kings
Ships have left many Deserters here yet I am sensible that the Trade & Privateers of other
Colonies have had the Benefit of their Service. But for the Two last Articles, I dare say
750 jMen will lie a large Allowance for your Loss of Inhabitants this way, during the late
War, which will leave your Increase of Rateable Polls, within these last 20 years 14000,
And in this Calculation I hare Omitted to make many Deductions out of the Men taken
from you in the two Expeditions, & for the Protection of Nova Scotia, & by forming & Re-
cruiting the two American Regiments, for transient Persons not setled Among you, idle
Vagrants better Spared than Kept in a Community. And such a Number of the Men as
might probably According to the common Course of Mortality in the Country have died at
home.

As to the Quantity of improved Lands or Rateable Estate taken from the Province
in the Controverted Towns in the Notliern & Southern Boundaries which have been ad-
judged to Belong & have been Anexed to other Goverments, it appears by the Act for Ap-
portioning the Tax, when these To\\'ns i-emaincd ^^•ith the Province, that the Proportion of
the Tax assessed upon them was not one fortieth Part of the Whole, from which Proportion
I would Observe to you I collected the aforementioned Number of Rateable Polls then with-
in them : And as to what the Increase of that & other Improvements ■\\ithin the Province
has been since the Year 1728. I will not take upon me to determine, but doubtless Gentle-
men, it has been very considerable. In the Year 1728. you had 128 Towns capable of send-
ing Represent'"^^ & in the present Year 153, which is An Increase of 25 Towns, most of
which were Erected out of New Plantations & the rest branched out of other Towns, I am
informed there arc other Plantations will be rated the next Valuation. It may be difficult
to make an Exact Valuation of the Increase of Rateable Estates within the 153 Townships
now remaning with the Province, but as I have before Observed, it is douljlcss Gentlemen
very Considerable

As to the Present Public Debt, Gentlemen, the Sum Granted by Parliament, for the
reimljursmcnt of your Charges in the Expedition against Cape Breton, which is £183.000
Sters. will upon the Scheme of Redeeming the Outstanding Bills (for drawing in which
the Treasurer has now issued his Warrants) at the Rate of £10 in the Bills for one
Pound Sterling, sink the whole Debt, except about £50.000 in Bills of the last Emis-
sion, which making An Allowance for the Difference lietv.cen the Value of the Bills of
Credit in the Year 1744, at the Comnicncement of the War with France, & their present
Value does not exceed one sixth part of what the Province's Delit was at That Time, &
hokls no Proportion with the Debt of the Sueccding Years ; Notwithstanding which & the
Lopping otf the Controverted To^^■ns & loss of Inhabitants, which you Oljserve in your
Message, former Assemblys Never jileadcd the Inability of their Constituents against Con-
tinuuig to make the same Grants for my Support which were made before the Rupture v.ith
France, And as to tho public Deljt in the Year 1728, it is well known that it was much
heavier than the present one \vill be, when reduced Ijy the Rcimbiu'stment, I have Men-
tioned, w<^'' may now be certainly depended upon.

It therefore seems most evident. Gentlemen, upon the whole, that the Ability of the Peo-
•ple is not Icss'ned, but consideralily encreascd Since the Year 1728 in which Case according
to the Assurance then given to his Majesty that sueccding Assemblys should Grant his
Govcrnour " as Ample a Support in Proportion to the Ability of the Province as that Assem-
bly had done then " which is the Rule you Acknowledge you ought to be governed l)y, that
is in your own Words "that the Dignity of the Governour's Station & the Ability of the
People, considered together, ought to be the Rule of your Proceeding in this Atfair " it
plainly follows, that my Support ought to Ijc enlarged in Proportion to the increace of the
Province's Ability, instead of lacing Lessned in the Same Proportion ; which is done by
your last Grant "if the Intrinsccal Value of it not the Nominal Sinn only is Considered.

This being the State of the Case Gentlemen, & when the Grants to the Other Officers of the
Goverments are raised on Account of the Dearness of Provisions & the Depreciation of the
Bills of Credit & for Extraordinary Services ; as is also the Pay of your own House from
3 s. in Bills of the last Emission ^ Diem at which it was Settled in 1742 to 5 s. in Bills of
the same Tenor in 1747, all A^hich has been done since Any Considerable nominal Addition
has been made to my Salary ; How you can reasonably deny to do me the like Justice I
cant discovei'. — You Complain Gentlemen of the Burden & Distress of the Province, & that
the Rcimburstment granted by the Parliament is but a partial deliverance from total Ruin"
—War is a Calamity greater or less whenever it befalls a Country ; luit has not the late
Wars been Attended likewise with unparrallald Sucesses & most Sigiial Deliverances to this
Province, & was it ever known that at the End of a War was less in Debt than when it en-
tered into it, which will be this Province's Case upon the Remittance of the Rcimburstment,
which will l)esides put An End to the paper Currency, a great Evil in the Time of Peace &
an unsupportable one in the Time of War ; And at the same Time at once introduce into the
Province Such a JMedium of Commerce as will lay a, Lasting Foundation for its future Pros-
perity ; & do you call this Gentlemen a partial Deliverance only from total Ruin : What
had been the State of the Province if instead of the Acqttisition of Cape Breton & the Pres-
ervation of Nova Scotia the Enemy had held Possession of the first during the War And
his Majesty had lost the latter to them ? You might then Gentlemen have more justly
looked upon the Province as under distressed Circumstances & total Ruin.

And if vou duly Consider the Part I have Acted in this Affair, as Candidly as former
Assemljlys have done, you will I'm perswaded think, I have had my full Share of the Bur-

454 Province Laws. — 1748-49. [Notes.]

then of the War & that you have no reason to insinuate in your Message that I take DeUght
in the Burdens & Distresses of the People, because I refuse a Grant of a diniinishd Value,
which is not a bare Subsistance for my Family much less An Ample & Honorable Support,
suitable to the Dignity of my Station & the Ability of yom- Constituents ^^■hich you agree
ought to be the measure of my Salary.

Gentlemen, I have forbore ETitring into a Dispute with you for Some Time out of a Ten-
derness to the Interests of the Province that have been lately depending in England which
I hope will not be looked upon by you in a different Light; & it is now with regi'ct that I
enter into it, I could have told you in a very few Words that my determined Resolution is
not to Accept of your Grant but I thought it more proper to reason the Matter with you in
your own way of Considering it. I have only to add that tho His Majesty's Instructions
are not liinding upon you they are upon me; And I can't but think your own Assurances
given his Majesty are Oliligatory upon you, tho' his Majesty's Instructions to me are not
so; And if any disngrcablc Consequences should happen from a Dispute of this Kind with
him to your Constituents, Ijc this Message a Standing Witness between me & your House
to ^\'hich of us this People and their Posterity are to impute such consequences. — Ibid.,
pp. 392-396.

On the 17th of November, the bill granting £2,400 for the support of the Governor was
passed to be engrossed in both branches, and, on the next day, it was passed to be enacted
by the Council and House of Representatives.

Chaj). 10. See note to chapter 4, ante.

Chap. 15. The interest excited by this act, and by the important events which led to its
passage, — an interest which will continue to lie felt, in some degree, until the mianimity of
the pulilic, on questions involved in the issuing and redemption of paper currency, leaves
no ground for debate, — seems to justify the following very full pulilication of rex^ords of
the progress of this act botli in the Assembly, and "in England, where it was carefully
considered by the ministei's of the Crown, upoii whose repres'entation it was confirmed: —

"March 6. 174G. In Council Ordered that John Osborne Josiah Willard & And^^ Oliver
Esqrs with such as the Hon'j''" House shall join be a Committee to prepare the Draft of an
humble INIemorial to his Majcst.y further to represent to him the distressed cu'cumstances
occasioned I)y the present war & the vast expences arising therefrom especially in relation
to the late Expedition against Cape Breton & the designed Expedition against Canada, &
earnestly to request his Majesty's fov for our Relief, "in the House of Represent."s Read
& Nonconcurr'd " — Coimcil Records, vol. XVIIl., p. 83.

" Feln'uary 16, 1747-8 A Memorial of Tho* Hutchinson of Boston Esq'' offering proposals
to the Consideration of the Court Referring to the Medium of Trade \\ithin this Province.

In the House of Represent^ <;« Read & Ordered that M'' Speaker Col° Choate Col" Hale M'
Hulibai'd & Col" Heath with such as the Hon^'" Board shall appoint l)e a Comm"^« to take
this Memorial under Consideration & Report what they judge proper for this Court to do
thereon In Council Read & Concur'd & Jacob Wendell, Sani'^' Welles William Foye Sam-
uel Watts and Andrew Oliver Esq"'* are Joined in the affair " — Ibid., p. 275.

" Febr'y 26. 1747 The Comm'>-'- appointed to take under Consideration the Memorial of
Thos. Hutchinson Esq^ and to make Report have maturely considered the same & are
unanimously of Opinion that the Proposals in the Memorial may prove very salutory to
this Province ; & the Comm'|=<" have prepar'd a Bill w'' is herewith humbly otfcr'd : a Copy
M'hereof they are of Opinion should be sent to the Goverments of Connetticut New Hamp-
shu'e & Rhode Island & that it should he propos'd to each of these Goverments to appoint
Commissioners to meet in this Province the 12"' of Aprill next or as soon after as may be to
treat with such Commissioners as shall be appointed by this Goverment in Order to the .
bringing to a Period the Bills of all these several Govennents in like manner as is propos'd
for the Bills of this & also to settle the Rates & Value of Money in the several Goverments
for the future — Jacob Wendell by Order

In the House of Represent^'^s Read & Ordered that this Report be accepted. In Council ;
Read & Concur'd Consented to by the Govcniour." — Ibid., p. 288.

The following is the only record during this session relating to the passage of this bill ;
yet it will he oljservcd that Governor Shirley distinctly states in his speech at the lieginuing
of the October session that it has " passed both Houses " : —

" Febry 26, 1747. A Bill intituled, an Act for calling in & Exchangirig the Bills of Credit
of the several Denominations which have at any Time lieen Issued liy this Government &
are still outstanding & for Ascertaining the Rate of Coii^'d Silver in this Province for the
future. Read in both Houses." — Ibid.

" Febry 27. 1747. In the House of Represent^'^' Voted that Mr Speaker & John Choate
Esq"^ with such as the Hon'j''^ Board shall appoint be a Comm'''« to treat with such Gentle-
men as shall be appointed by the other Goverments, pursuant to the Vote of this Court of
acceptance of the Report of l)oth Houses upon the Memorial of Thomas Hutchinson Esq''.

In Council Read & Concur'd & Sam" Watts Esq"^ is join'd in the Affair Consented to
by the Governour." — Ibid., p. 289.

" March 5. 1747. A Draught of a letter to the Neighbouring Goverments on the Subject
of the Bills for sinking the Bills of Credit, reported by the Committee on that affau- was
accepted by both Houses & signed by the Governour." — Ibid., p. 298.

" June 20, 1748. The Secretary laid before the Board a Letter he had Rec' from M'
Agent Kilbey dated March 6, 1747 relating to the proceedings of the House of Commons
referring to the Charge of the Expedition against Cape Breton — Which was read & sent
down to the House." — Ibid., p. 366.

• " Octo'' 27. 1748. The Secretary went down on a Message from his Excellency to the
House of Represent"'' to inform them that as the Council Chamber was not sufficient to
receive them. He shouM deliver his Speech to the Court in Fanueil Hall, & therefore de-
sired that their House might be so dispos'd as to recive him & the Council. Which being

[Notes.] Province Laws. — 1748-49. 455

done his Excellency & the Council went & seated themselves in the Hall, And there his
Excellency delivered the following Speech to both Honses.

Gentlemen of the Council & House of Reprcscnt'^'^ I have given the Genaral Court as
long a Recess for the Convcnicncy of the Meml)ers attending their own affairs in the Coun-
try as the pul)lic Business would admitt of; But there being Matters of Moment which
require your immediate Consideration, I have thought Proper to meet you without further
Delay :— I3y the Advices I have received from Great Britain, I have reason to think that
the Bill transmitted to your Agents, containing a Scheme for sinking the whole Paper Cur-
rency of this Province by means of the late Rcimlturstment voted by Parliament & which
pass'd both Houses of the last Assembly have induced his Majesty's Ministers, to whose
Consideration the manner of paying the Money Voted for the Benefit of the Colonies con-
cern'd is referred, to determine it shall be paid in such manner as will put an End to the
Paper Currency in New England ; so that That seems to be [no longer ?] a matter of Doubt.
And as various Schemes have been formed by Gentlemen in England, & offered to the
Goverment upon the Subject of the Rcimburstment, many of Mhich have a Manifest Ten-
dency to Lessen the Benefit of it to the Province; It is doubtless a IMattcr of the utmost
Importance that the General Assembly should be very speedy in persuing those Measures
which they have Entered into in Order to prevent Any bad Schemes taking Effect, & which
would also be acceptable to the Goverment, And might speed the remittance of the money.
For Compassing all which, if you are of Opinion that anything can be added to the
Scheme already propos'd, for the manner of the Rcimburstment being made wherein my
concurrence is necessar.y, I shall most readily join with yon in doing what may ))c proper
& for the Benefit of the Province, and as it's prol)able the Parliament will meet early in
the Winter no Time should be lost for sending our Dispatches Home upon this weighty
affair.

The perticular Project I refer to, you will be informed of from the Letter of one of your
Agents to the two Houses, & you will find by the Extract of a letter from your other
Agent to mc dated Agnst 9"'. which I have Ordered the Secretary to Lay before you, that
the Injustice of most of them with regard to the Province has liecn duly rcmark'd & op-
pos'd by him, that there is a good Prospect of his defeating them, & that the Rcimburst-
ment will be made in the most Bcneticcial Manner for the Colonies, which encourages me
in Another Letter of the 27"' of August, to hope he shall be able to write to the Two
Houses upon by the next Ships to their Satisfliction ; In the mean Time has desired me to
let you know the Reasons of his not doing it liy these Last Ships, which you will find ex-
press'd by himself in the Extract of a Letter." — Ibid., pp. 373, 374.

"Nov 2<i 1748. John Osborn from the Comm'^'- of both Houses on the Affair of the
Rcimburstment of the Charges at Cape Breton reported as follows, viz.

The Committee apointed to Consider that part of his Excellcncys Speech which relates
to the Money granted by Parliament, for Reimbursting, the Expence of Taking & Keep-
ing Cape Breton, having attended that Service, report as their Opinion, That Messengers
be forthwith dispatch'd to the Goverments of Conneticutt New Hampshire & Rhode
Island, again desiring them to Appoint Commissioners to meet the last Wednesday of this
Month, or as soon after as may be at Boston to treat with Commissioners from this Court
upon the best ISIethod of applying the Money granted by Parliament, to the Redemption
of the Bills of Credit, & upon ways & means effectually to regulate the Currencies of these
Goverments fur the future. And that a proper Letter be prepared to be sent home by the
first Shi]) signifying the Courts Continuing in their Resolution, to apply the Grant of' Par-
liament to the Redemption of the Bills, so f\ir as it shall be sufflcient for that purjiosc, &
to sink the Remainder of the Bills at the same Time in the Manner proposed by the Bill
sent from this Court or in other such effectual Way as shall be agreed on. In the House
of Rcpresent^'^s i^ead & Accepted, & the Committee are directed to prepare a Letter Ac-
cordingly. In Council Read & Concured — Consented to by the Governour." — Ibid.,
p. 379.

" November 5. 1748. John Osborn Esq"" from the Comm*«e of both Houses appointed to
prepare a Letter to be sent Home on the Affair of the Rcimburstment of the charges in
taking & Keeping Cape Breton Rejiortcd a Draught thereof— In the House of Representees
Read"& Accepted & Ordered that the Secretary be directed to sign the same in the Name
of this Court & forward the same to Will™ Bollan & Christopher Kilby Esq"." — Ibid.,
p. 383.

" Nov 17 1748. In the House of Represent''«s Voted, that Christopher Kilby Esq'' one
of the Agents of this Province at the Coint of Great Britain be dismissed fronj said Agen-
cy, And ills power to appear for & in behalf of the Province is hereby vacated & declared
to dctcrniiiie & cease In Council Read & Concured. Consented to by the Governour.
— 76/f/ , p. 400.

" Nov 17. 1748. In the House of Representees Voted that the Secretary be directed
forthwith to Cause the Letter Ordered by this Court in their present Session to be sent to
William Bollan & Christopher Kilby Esq'* (then joint Agents of this Province, to be
Copied & sent by Express to Portsmouth in Order to its being forwarded to Great Britain
by the Mast Fleet, & that said Letter & such Copies as may be necessary, be now directed
to William Bollan Esq^. & that the first Letter or Copies directed jointly as aforesaid be
Stayed from going forward.

In Council T Read & Concured. Consented to by the Governour." — Ibid.

" Nov 17. 1748. In the House of Representees Ordered that the Secretary be directed to
inclose to Christopher Killiy Esq'' a Copy of the Vote of the Court for dismissing him
from the Agency of this Province : In Council Read & Concured. Consented to by the
Governour." — Ibid.

" Nov 18"' 1748. The Comm'ee to whom was refen-ed the Consideration of the Letter
to Mr Agent Bollan reported the Draught of a Petition from the Goieral Court lo the
Right Hon'^'e the Lords Commissioners Respecting the payment of the money granted by
PaVliament to this Province, to reimburse their Charge in the Reduction cf Cape Breton.
In the House of Represent'" Read & Accepted & Ordered that the Speaker be directed to

456 Province Laws. — 1748-49. [Notes.]

sign the same in Name of this House. — In Coimcil Read & Concured & Ordered that the
Secretary siijn the same in the name of the Council. Consented to by the Govemour."
—Ibid., p. 403.

" November 21st 1743. The Secretary laid before the Council divers Letters he had just
now recJ from Will™ Bollan Esq'' & CliristopLcr Killjy Esq"' with several Papers Accom-
panying them which were read. Letters of the same Tenor directed to the Speaker were
brought up from the House of Representatives with the following Vote. In the House of
Represent™^ Ordered that the Comm'^-e of Both Houses appointed to write to Mr Agent
BoIIan, take the Letters & Papers rec^ from said Agent & a Letter from Christopher Kilby
Esq"" under Consideration & report thereon; and Col'^ Heath. Mr Tyng, Mr. Jetfry, are
Added to the Committee. In Council Read & Concured." — Ibid., p. 408.

" Novcmb'' 22'^' 1748. S''. Will™ Peppercll from the Comm''^" of both Houses for consider-
ing the last Letters from W'» Bollan & Christopher Kilbey Esq''^- reported the Draft of a
Petition to the Right Hon'''<= the Lords Commissioners of his Majesty's Treasury referring
to the Grant of Parliament for Reimbursing the charges on Cape Breton to be sent by this
Court. Which was accepted by both Houses & Consented to by the Governour." — Ibid.,
p. 409.

" Novemb'' 22'' 1748. In the House of Represenf^*^' Voted that William Bollan Esq"^
Agent for the Province at the Court of Great Britain be & the said William Bollan Esq"" is
hereby Authorized & impowrcd to give a full And Ample Discharge to the Right HonWe
the Lords Commiss''s- of his Majesty's Treasury for the sum granted by Parliament in Or-
der to Reimburse the Expence the Province have been at in taking and Securing Cape
Breton, upon such sums being Deposited in the Bank of England for the use & Order of
the Province : — In Council Read & Concured. Consented to by the Governour." — Ibid.

" Dec- 22'^' 1748. His Excellency sent the following Message to both Houses by the
Secretary, viz'.

Gentlemen of the Council & House of Representatives As the Principal End of your
, Meeting at this Time is to take under Consideration what is further Necessary to be done

by this Court for Redeeming our Bills of Credit and bringing to a Pci'iod the Paper Cur-
rency of this Province, & for Applying to those Purposes in the best Manner, the Grant
made by Parliament for Reimbursing the Expence of taking and keeping Cape Breton,
I hope you will apply your selves to this weighty Atfair; upon the Sucess of which the
well being of this Province does depend with all diligence & not suffer yourselves to be
diverted from it by any Businci-s Whatsoever, the Matter requiring the utmost Dispatch,
lest thro' your Delay Any Measures should be taken that may not be so well Calculated for
the Interest of the Province as the Provision of an Act of Assembly would be. The Pro-
posal which we made to the Neighbouring Govermcnts to join with us in consulting upon
this important Affiiir, And our Appointment of a meeting of Commiss''^ for that End made
this short Delay Necessary. But there being now no Prospect of having Any Assistance
from them, no Time should be lost for your Proceeding on this Business. And I am per-
swaded if we now take Effectual Care (according to our repeated Professions) that this
money when received shall be applied for putting a Period to the Paper Currency of this
Province by Enacting a Law for that Purpose, all Obstacles to our receiving it may be
wholy I'emoved." — Ibid., p. 41.5.

" Dec-- 22 1 1748. In Council Ordered that Sam" Welles, Joseph Wilder, & Benj» Lj^nde
Esq''s with such as the Hon'J''^ House shall join, be a Comm'^* to take under Consideration
that part of his Excellency's Message of the 21"' of Nov" last, which Relates to Rules
proper to be given to the Courts of Judicature in Making up Judgments, & as soon as may
be iTport what they judge proper for this Court to do thereon. In the House of Repre-
sent^'^s Read & Concured. & Major Cushing, Col" Ward, Capt. Little & Capt. Powell, are
joined in the Affair." — Ibid., pp. 41.5, 416.

" Dec 22' 1748. On His Excellency's Message to both Houses on the Aflfiiir of the Re-
imbursment of the Charges at Cape Breton, Entered this Day, In the House of Repre-
8ent™5 Ordered that Mr. Speaker, Mr. Hubbard, Col" Heath, Col" Miller, Mnjor Lawrence,
Capt. Little, Mr. Tyng, Cap' Spurr, & Mr. Russell, with such as the Hon'^'« Board shall
join be a Comm""«'to"take the Subject Matter thereof under Consideration & report what
they judge proper for this Court to do thereon. In Council Read & Concured ; And John
Osborn Ezekiel Lewis, Samuel Welles, Joseph Wilder, Benj'» Lynde, John Quiney & An-
drew Oliver Esqi"' are joined in the Affair."— /iirf., p. 416.

" January 6"' 1748. The Committee appointed to Consider his Excellency's Message to
both Houses of the Twenty first of last Month referring to the Money allowed by Parlia-
ment &c gave in their Report. To which both Houses'Votcd a Non Acceptance." — Ibid.,
p. 424.

" January 6"» 1748. In the House of Represent^<-8 Ordered, that Mr. Speaker, Mr.
Tyng, Col" Choate, Col" Otis, Capt. Little, Mr. Hall, IMr. Hubbard, Mr. Foster, & Col"
Heath, with such as the Hon'^'« Board shall join, be a Comm""'' further to Consider what
may Ije necessary to 1)e done for Applying the sum granted by Parliament towards the
Redemption of the Paper Medium & for Substituting a Silver Medium in the place there-
of. The Comm"^e to sit forthwith & report as soon as may be. In Council Read & Con-
cured & John Osborn, Jacob Wendell, Sam" Welles, Will™ Foye, Sam" Watts, John
Chandler, Svlvanus Bourn. & Andi'cw Oliver Esq" arc joined in the Affair." — Ibid.

" January 18"' 1748. A Bill entitled An Act for drawing in the Bills of Credit, of the
several Denominations which have at any Time been issued by this Goverment & are still
out standing, & for ascertaining the Rate of coined Silver in this Province for the future.
(Report?cd by the Committee of both Houses) Having been Read three Times in the
House of Represent^'^' & there pass'd to be Engross'd. In Council Read a first Time."
—Ibid., p. 432.

" January 19. 1748. The Bill entitled An Act for drawing in the Bills of Credit of sev-
eral Denominations which have at any Time been issued by this Goverment & are still
outstanding & for ascertaining the Rate of Coined Silver in this Province for the Future.
In Council, Read a Second time & passed a Concurrence to be Engross'd."— /iirf.

[Notes.] Province Laws. — 1748-49. 457

" Janu' 21. 1748. In the House of Represent''«8 Voted, that the Engrossed Bill entitled
An Act for drawing in the Bills of Credit of the several Denominations which have at any
Time been issued by this Goverment, & are still Out standing & for ascertaining the Rate
of Coined Silver in the Province for the future be forthwith Printed, & that a Copy thereof
be delivered to each Member of the Court, & a Copy sent to the Selectmen of Every Town
in this Province, who ai'e hereby required to lay the same before their respective Towns at
the Anniversary Meeting in March for their Opinion thereon, if they see Cause & to give
Notice thereof in the Warrant, for such meeting, & to make a Return to this Court the
next Sitting After.

In Council Read & Non Concured." — Ibid., p. 433.

" Jan>' 26. 1748. An Engross'd Bill Entitled An Act for drawing in the Bills of Credit
of the Several Denominations, which have at Any Time been issued by this Goverment,
& are still outstanding & for ascertaining the Rate of Coined Silver in this Province for
the future. Having been Read three several Times in the House of Representees & in
Council. Passed to be Enacted by both Houses & signed by the Governour." — Ibid.,
p. 435.

" Jany 26. 1748. In the House of Representees Oi-dered that the Committee appointed to
prepare Instructions to the Agents be directed to sit forthwith on that Affair & Also that
they prepare the Form of An Address to his Majesty to accompany the same. In Council
Read & Concured."— /6/f?.,;j. 436.

" Jan>' 27. 1748. John Osborn Esq"" from the Committee appointed to prepare a Draught
of an Address to his Majesty referring to the Reimburstment : Reported the same, Which
was Read & accepted by both Houses." — Ibid.

" Jan>. 27. 1748. In Council Ordered that the Commtee appointed to draw up an Ad-
dress to his Majesty, & the Instructions to the Agents be likewise directed to prepare a
Letter to h& sent to the three Goverments of Conneticutt, Rhode Island & New Hamp-
shire, respecting the Act for drawing in the Bills of Credit of this Province & ascertaining
the Rate of Coined Silver & report the same as soon as may be. — In the House of Repre-
sentee's Read & Concured." — Ibid.

" January 28. 1748. John Osborn Esq' from the Comm'ee appointed to prepare instruc-
tions to the Agents, gave in the Draught of two Letters of Instruction to all the Agents on
the affair of the Grant of Parliament for the Charges of Cape Breton. As also two sep-
erate Letters to S"^ Peter Warren & Eliakim PalraerEsq" All which Letters were accepted
by the whole Court.

The said Commf'" likewise I'eported the Draught of a Circular Letter to be sent to the
Goverments of Conneticutt New Hampshire & Rhode Island, which was also accepted by
the whole Court." — Ibid., p. 437.

" January 28. 1748. In Council Voted, that the Secretary take Care that the Act lately
passed this Court for drawing in the Bills of Credit &c be forthwith printed seperately :
and that a Number of the Copies be taken off. Sufficient to furnish every Member of this
Court with one for each Town in the Goverment. — In the House of Represent™^ Read &
Concuixd. Consented to by the Governour." — Ibid.

"January 31. 1748. The Secretary was Ordered to sign the Address to his Majesty re-
ferrin<i to the Reirabursment of the Charge at Cape Breton, in the name of the Council."
—Ibid.,p.'^AO.

"April 21. 1749. In the House of Representees Voted, that his Excellency William Shir-
ley Esq'' the Governour, Josiah Willard, Esq'' the Secretary of the Province & Tho' Hutch-
inson, Esq' the Speaker of this House be impowred in the Name & behalf of the Province,
to sign & deliver a proper. Deed or Instrument, with the Seal of the Province thereto
aflBxed authorizing & Impowring, the Honi^'e gr Peter Warren Knight of the Bath, William
Bollan Esq"' Agent for this Province, at the Court of Great Brittain & Eliakim Palmer,
Esq'', of London, Merchant, them or two of them (the said Will"* Bollan, Esq' except in
the case of his Death alwas to be one) to receive the whole any & every Part of the Hun-
dred & Eighty three thousand six hundred & forty nine Pounds two shillings & seven
pence Sterling granted by Parliament to reimburse the Province their Expcnccs in taking
& securing for his Majesty the Island of Cape Breton and its dependances & to give a full
discharge for the same. In Council Read & Concured. Consented to by the Governour."
—Ibid., p. 466.

" Novenv 23'J 1749. I congratulate you. Gentlemen, upon the favour of Divine Prov-
idence in the safe Arrival of the Money allowed by the Parliament of Great Britain for
our Expcnce in reducing Cape Breton, whereby we are enabled in a good Measui-e to pay
off the great Debt contracted by the Charge of the late War, & now lying upon this Prov-
ince; And We by the Blessing of God upon Our wise & faithful Management of this Ad-
vantage, deliver this Province from the Evils & Mischiefs (particularly the Injustice &
Oppression) arising from the uncertain & sinking value' of the Paper Medium." — Extract
from the Speech of Lieutenant-Governor Phips : Ibid., vol. XIX., p. 67.
" Monday. January 23'^'! 1748-9
[Present]
Earl of Halifax
M' Grenville Lord Dupplin

M"' Fane

The Board being informed that a Bill had been prepared in and passed through the
Council and Assembly of His Majesty's Province of the Massachusetts Bay relative to
the Paper Currency of the said Province, and that the said Bill had been transmitted to
M'' Bollan, Agent for the said Province, their Lordships ordered the Secretary to write to
M'' Bollan to desire his attendance at the Board tomorrow morning at eleven o'clock "
* * * * _

— " Trade Papers" (Journals) vol. 51, in Public Record Office.
S8

458 Province Laws.— 1748-49. [Notes.]

•

" Tuesday. Jannary 24"' 1748-9.
Earl of Halifax

M^ Pitt. M'' Leveson Gower

Mr Grcnville. Lord Dupplin

Mf Fane
Mr Bollan, Agent for the Province of the Massachusetts Bay, attending as had liecn de-
sired, their Lordships acquainted him that M"' iShirley Governor of the said Province hav-
ing in a Speech lately made by him to the Council and Assembly thereof informed them
' that a Bill, which they had prepared and had passed through both Houses and had been

transmitted to him the Agent relating to the calling in and sinking the Bills of Credit, had
induced the Govern* here to determine upon the method of reimbursing to the said Prov-
ince their Expenccs in the Louisbourg Expedition, and no such Bill having Ijeen laid be-
fore this Board or as they were informed before any other of His Majesty's 'Ministers who
had the direction of these matters, they thought proper to require of him some information
with respect to the said Bill and to acquaint him with the mischiefs and difficulties that
might arise from the Government's not being informed of the sense of the Province upon
an Affiiir, the determination of which was now under consideration ; Whereupon M'' Bol-
lan informed their Lordships, that the Province of the Massachusets Bay, having in Feb-
ruary last come into measures with respect to the application of the Money granted to
them by Parliament, and the Speaker of the Assembly having drawn up a Mcniorial with
proposals to reduce the outstanding Bills bjMhis Money and other sums to be borrowed
for that purpose the General Assembly appointed a Committee of both Houses to consider
thereof, who reported that these Proposals were beneficial to the Province and a Bill agree-
able thereto was accordingly ordered to be drawn, and persons were appointed to join with
the other Provinces who had engaged in the Expedition, to consider in what manner to
take up the whole Paper Credit, that he believed Commissioners were sent for this pur-
pose, but that some or one of the Governments declined it— That this Bill was sent to him,
with Instructions containing (as he understood them) discretionary power of either laying
or not laying it before the Government, as he should judge proper, that he not thinking
the Bill compleat and finding there was likely to be great difficulty in borrowing the money
proposed thereby, did not care to lay the same before the Government, but transmitted a
state of the Paper Credit to the Province and desired positive orders about it, but the or-
ders he has received in consequence thereof, do still leave it to hiS discretion. That as to
what M' Shirley had asserted in his Speech, lie was mistaken and ho believes, never did
receive such information as he mentioned, but might have been induced to go so far as he
did in order to strengthen and give credit to the Proposals & thereby engage persons (dis-
inclined) to come into them — That this was a matter wherein Property was greatly con-
cerned and if the Transactions of the Province thereupon were made publick advantages
might be made thereof by particular persons, prejudicial to the interests of the Province
and therefore he did not think proper to lay them before the Board, but was very willing
to communicate them to any Member of the Board or to any other of His Majesty's Min-
isters who had the direction of these matters.

* * * *

—Ihid.

"At the Council Chamber Whitehall, the IStb of April 1749.
By the Right Honourable the Lords of the Committee of Council for Plantation AvFairs

Whereas the Agent of the Province of the Massachusetts Bay did deliver into the
Hands of the Clerls of the Council in Waiting an Act passed in that Province in January
last Entituled "An Act for drawing in the Bills of Credit of the several denominations
"which have at any time been issued by this Governm* and are still outstanding and for
"ascertaining the rate of Coined Silver in this Province for the futui-e " And whereas
His Majesty was pleased on the 16"' of last month to refer the said Act to this Committee
— Their Lordships this day took the same into their consideration and are hereby pleased
to referr the said Act (which is hereunto annexed) to the Lords Commissioners for Trade
and Plantations to examine into the same and report their opinion thereupon to this Com-
mittee with all convenient speed." — " Mass. Bay, B. T." vol. 73. G. g. 113, in Public Record
Office.

" By his Excellency William Shirley Esq™ Captain General and Govemour in
[l. s.] Chief in and over his Majesty's Province of the Massachusetts Bay in New

England.

I do hereby Certify that the Great and General Court or Assembly of the Province of
the Massachusetts Bay aforesaid at their Session held at Boston the 21*' day of December
1748 made and passed an Act entitled, An Act for drawing in the Bills of Credit of the.
sevei'al denominations which have at any time been issued by this Governm* and arc still
outstanding and for ascertaining the rate of coin'd silver in this Province for the future —
Pass'd in the House of Representatives Jan^ 24. 1748 — And that the Papers hereunto an-
nexed contain a true and authentick copy of the said Act.

In Testimony whereof I have caused the publick seal of the said Province to be here-
unto affixed ; Dated at Boston the thirty first day of January 1748 in the twenty second
year of his Majesty's Reign.

W. Shirlet
By his Excellency's command '

J. WiLLARD,

Secretary."
—Ibid.

" John Pownall to Matthew Lamb Esq. 18 April 1749.
To, .

Matthew Lamb Esq™
Sir,

I am directed by my Lords Commissioners for Trade and Plantations to send you the
inclosed Act passed in the Province of the Massachusetts Bay in January last, Eutltuled

[Notes.] Province Laws. — 1748-49. 459

An Act for drawing in the Bills of Credit of the several denominations whieh have
at any time been issned by this Government and are still outstanding, and for ascer-
taining the rate of coined silver in this Province for the future.
And to desire j'onr opinion thereupon in point of Law, with all possible dispatch, it be-
ing necessary that the said Act should be laid before his Majesty as soon as conveniently
can be.

I am. Sir,

Your most humble Servant
Whitehall ) John Poavnall

."?-

April 18"' 1749" S—Ihid., vol. 84, ^j. 215.

" Report of Mat. Lamb on an Act passed in January 1749.
To the Right Honorable the Lords Commissioners for Trade and Plantations.
My Lords,
In pursuance of your Lordships Comands signifyed to me by M' Pownall's letter,
wherein you are pleased to desire my opinion in point of Law upon the following Act
passed in the Province of the Massachusets Bay in January 1748 I have perused and con-
sidered the same (viz :)

An Act for drawing in the Bills of Credit of the severall denominations which have
at any time been issued by this Government and are still outstanding And for ascer-
taining the rate of coined silver in this Province for the future.
This Act is imperfectly worded concerning the receipt of the money which has been gi-ant-
ed by Parliament for the use of this Province, for there are no expresse words that author-
ize Sir Peter Warren and the others to receive the money, but they are authorized and
impowered to give a full discharge for it whensoever the same shall have been issued without
mentioning to whom it is to be issued. They are also authorized to address his Majesty
to order the money to be transported in Foreign Coined Silver on board His Majesty's
ships. And to pursue such Instructions as the Gcnerall Court of the said Province shall
think necessary conceniing tlio transporting the said Money. Since this Act has been be-
fore 7ne, in order to have the same explained, I have applied for the Instructions given to
Sir Peter Warren &<= And find thereby that the Act was thus worded with a design to have
the money transported by his Majesty's Order according to the Address rather then to be
received by Sir Peter Warren &<= to save the charges of freight and insurance and the
risque of the money being transported And in case they do not succeed in getting the
Money transported that way, Then Sir Peter Warren &':'are directed by their instruct^ to
receive the money themselves, and transport the same in such manner as is therein direct-
ed- I thought it proper to make this oliservation to j'our Lordships to explain the reasons
for the Act being so worded. But I make no objection thereto as it will be the concern of
the Treasury to settle this matter when the Money is paid.

This Act settles the rate of Spanish Coin which has been heretofore settled by the Act
of the sixth of Queen Anne But this Act goes further by setting a value upon Silver
which may be done by a new Law if thought to be necessary.
I have no objection to make to this Act in point of Law and am

My Lords

Your Lordships

most obedient

humble Servant
Lincolnes Inne } Mat Lamb.

25 April 1749." ]— Ibid., vol. 84, G. g., 14.

Thursday May 4*^ 1749
[Present]
Earl of Haliftxx
M'' Pitt. M' Leveson Gower

M'' Grenville. Lord Dupplin

M'' Fane. Sir Thos. Robinson.

Read M' Lamb's Report upon an Act passed at Boston in Jany 1748-9, containing sev-
eral observations thereupon dated 2.5"' April 1749

Agreed that the Order of the Lords of the Committee of Council referring the above
mentioned Act, mentioned in the Minutes of the 18"> of last Month be taken into consid-
eration tomorrow morning and that M"' Bollan Agent for the Province of the Massachu-
setts Bay have notice to attend.

—Trade Papers (Journals) vol. 51, in Public Record Office.

Monday May 8"' 1749
Earl of Haliftix
M"^ Pitt. M'- Grenville. Lord Dupplin.

* !C * »

M'' Bollan Agent for the Province of the Massachusetts Bay attending moved their Lord-
ships for their favourable Report upon an Act passed in that Province for drawing in the
Bills of Credit by means of the money voted in Parliament for reimbursing to the said
Province their expences in the Louisliourg Expedition

Ordered that the Draught of a Report to the Lords of the Committee of Council be pre-
pared proposing the confirmation of the said Act

* « • »

—Ibid.

Wednesday Mav 10-'> 1749.

Earl of Halifax

M' Pitt, M' Grenville

Lord Dupplin. M'' Fane

Sir Thos. Robinson

The Draught of a Report to the Lords of the Committee of Council upon the Act passed

in the Province of the Massachusetts Bay relating to the Bills of Credit having been pre-

460 Province Laws. — 1748-49. [Notes.]

pared pursuant to the preceding Minutes was laid before the Board agreed to and ordered
to be transcribed

* • * «

Thursday. May \V^ 1749,
U' Pitt. Lord Dupplin

Mr Fane. Sir Thos. Robinson

The Draught of the Report to the Lords of tlie Committee of Council ordered to be
transcrilicd by the preceding Minutes was laid before the Board and signed.

* * m *

—Ibid.

" Report of Lords of Trade on Act passed in January 1749.
To the Right Honorable the Lords of the Committee of His Majesty's most honorable

Privy Council.
My Lords,

"Pursuant to your Lordships Order of the 13"i Ult. "We have had under our consideration
An Act passed in His Maj'>"'« Pi-ovince of the Massachusets Bay in January last, Entitled
An Act for drawing in the Bills of Credit of the several denominations, which have
at anj' time been issued by this Government, and are still outstanding and for ascer-
taining the rates of Coined Silver in this Province for the Future
We have also consulted M"" Lamb, one of His Majesty's Counsel at Law upon this Act,
who has reported to us " that the said Act is imperfectly worded concerning the receipt of
" the money which has been granted by Parliament for the use of this Province for there
"are no express words that authorize Sir Peter Warren and the others to receive the
"mone.y, but they are authorized and empowered to give a full discharge for it, whenso-
"ever the same shall have been issued, without mentioning to whom it is to be issued,
" they are also authorized to address his Majesty to order the Money to be transported in
"Foreign coined silver on l)oard, His Majesty's ships and to pursue such Instructions as
"the General Court of the said Province shall think necessary concerning the transporting
" the said Money and that he had applied for the Instructions given to'Sir Peter Warren
" &<^ and found thereby that the Act was thus worded, with a design to have the Money
"transported by his Majesty's Order according to the Address rather then to be received
" by Sir Peter Warren &« to save the charges of Freight & Insurance and the risque of the
"Money being transported And in case they do not succeed in getting the money trans-
" ported that way, then Sir Peter Warren &<^'' are directed by their Instructions to receive
"the Money themselves and transport the same in such manner as is therein directed."
But that he has no objection thereto in point of Law; However we shall take leave to lay
before your Lordships Our 01)servations upon such other parts of the said Act as appear
to us to deserve your Lordships consideration

The two great objects of this Act are ;

Is' Entirely to sink and abolish all the paper Bills of Credit at present outstanding in
the said Province; And

2ndiy By means of the Money granted by Parliament for reimbursing to the said Prov-
ince their Expences in taking & securing to the Crown of Great Britain the Island of Cape
Breton and its Dependencies to substitute in lieu of the Bills of Credit an invariable silver
currency for the future.

The Legislature of the said Province in order to carry the beneficial purposes of this
Act into execution in a manner as effectual and as equitable as the circumstances of their
situation will admit, have thought it necessary to exchange their outstanding Bills for
silver at the rate of ten Pounds in Bills of what is called the old Tenor, for one Pound
sterling (which is less than half the nominal value affixed to the said Bills l)y the several
Acts for creating them) at which rate the whole Paper Currency will be sunk except the
sum of seventy five thousand pounds new Tenor, for the sinking of which, provision is
made by a tax to be levied in the present year, so that the whole will be entirely abolished
within the year 1750, provided the Money granted by Parliament arrives in the Province
within that time.

But as the alteration made by this Act in the nominal value so set upon the said Bills of
Credit, may appear to your Lordships at the first view to be in some degree a breach of
the public faith of the Province and an injustice to the Possessors of the said Bills, We
think proper to observe to your Lordships, that the said Bills of Credit have by frequent
and large emissions of them, both before and since the breaking out of the late War, as
well as by many other concurrent circumstances, Iiccn from time to time greatly depre-
ciated, and that it is represented to us, that by far the greatest part thereof have passed
from Hand to Hand, and Iieen received by the present Possessors at even a lower rate than
is set upon them by this Act, therefore should they be redeemed at their nominal value
(which at the very time of their Emission they never really bore) as the first possessors
never did or could receive near that nominal value, so it would be unreasonable that the
present Possessors should avail themselves of a Benefit which they have never purchased,
and cannot in equity be entitled to; If to these are added the following considerations —
the exhausted condition of this Province; the great scarcity or rather total want of silver
there; — the excessive quantity of Bills now current; — the distance of the periods for call-
ing them in by Taxes; — the little Expectations the Possessors of the Bills could entertain
and indeed tlie absolute improbability of their being exchanged for silver by any other
means than the application of the money grantc<l by Parliament to that purpose, this
must seem to us to be the most equal rate that could be fixed between the Debtor and
Creditor, as also between the Possessors of the Bills and the Government, and so it is rep-
resented to us Ijy M'' Shirley the Governor of that Province.

In order to establish a silver currency for the future in lieu of the said Bills of Credit,
there is a Clause in the Act which declares that all Bargains, Contracts, Debts, Dues &™
which shall lie made or agreed after the 31"' of March 1750 shall be in silver at six shil
lings and eight pence per ounce, and that all Spanish milled Pieces of Eight of full weight

[Notes.] Peovince Laws. — 1748-49. 461

shall be accounted taken and paid at the rate of six shillings per piece for the discharge
of every contract or bargain after the said 31*' of March 1750, and the halves, quarters
and other lesser pieces of the same coin to be taken or paid in the same proportion, with
a penalty of tifty Pounds upon any person taking or paying them at a higher rate, which
said Rates are agrccalilc to the Act of the 6"' of Queen Anne for ascertaining the rates of
Foreign Coins in the Plantations in America.

We"must likewise acquaint your Lordships that Provision is made by this Act to prevent
the Bills of Credit of the Neighbouring Governors of Rhode Island Connecticut and New
Hampshire, who have not yet taken "any steps to abolish them, from passing current in
the Massachusetts Bay, and tho' the Oaths and penalties imposed to prevent the same,
may appear of an extraordinary nature, yet as the Governor of that Province has repi'e-
sented to ns, that all pecuniary penalties alone, tho' imposed in the strictest manner, have
been found l)y experience to have had no effect in this case, several Penal Laws for that
purpose having proved ineffectual and that there seems to be a necessity for having re-
course to other provisions which may be effectual and that the Provisions of this Act are
no more than what the nature of the case requires, in order to suppress an evil which pre-
vails so strongly and the continuation of which will defeat the good intentions of this
Province in sinking their own Bills; We hope they will appear to your Lordships to be
necessary for the elfectual executions of this Act, and your Lordships will likewise observe
that these jM-ovisions are only temporary from March 1750 to March 1754.

'We must further observe to your Lordships that this Act repeals several Clauses in
former Acts, which have been confirmed by His Majesty, whereby these Bills of Credit
were to have lieen called in by Taxes to be levied in certain years, without having a clause
inserted therein suspending the execution of it untill His Majesty's pleasure be known,
but as that Repeal is only conditional in case the money granted by Parliament arrives
within the time limited, in which case the whole end and intended operation of those
Clauses will be performed in a more beneficial manner, and if that condition should not
happen, then those Clauses will continue in force and the outstanding Bills of Credit will
be drawn into the Treasury and sunk by the Taxes laid on the several years till 1760, la
the same manner as if this Act had not been made ; We submit it to Your Lordships judg-
ment whether the not having such a Clause inserted therein may not be dispensed with,
and the rather as His Majesty's Governor of the said Province has represented to ns, that
a Dispute with the Asseml)ly on that suliject would have prevented the passing of this Act
so advantageous to the welfare of that Provmce and so necessary for the commerce of
this Kingdom.

Upon the whole. We are of opinion that it may be adviseable for your Lordships to lay
the said Act before His Majesty for His Royal Confirmation

We are

My Lords

Your Lordships

most obedient and

most humble Servants
I. Pitt.

DUPPLIN.

Francis Fane
T. Robinson
Whitehall )

May lltt 1749" S—Ibid., vol. Si, p. 266.

" At the Court at Kensington, the 28f» day of June 1749.

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 Massachusets Bay in New England are authorized

and empowered to make constitute and ordain Laws which arc 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 January last in the Words

following — Viz'

" An Act for drawing in the Bills of Credit of the several Denominations which have
"at any time been issued by this Government and are still outstanding and for as-
" certaining the rate of coined Silver in this Province for the future "
Mem<i Here the Act was inserted at length
Which said Law having been under the consideration of the Lords Commissfs for Trade
and Plantations and also of a Committee of His Majesty's most Honorable 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 Royal pleasui'e 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. Sharpe"
—Ibid., " B. T., vol. 73, G. g.," 30.

" The provision made by this act for the exchange of the bills and for establishing a
silver currency was altogether conditional, and depended upon a grant of Parliament for
reimbursement of the charge of the Cape Breton expedition. This being at a distance and
not absolutely certain, the act had no sudden effect upon the minds of the people, but
when the news of the grant arrived the discontent appeared more visible, and upon the
arrival of the money there were some beginnings of tumults, and the authors and pro-
moters of the measure were threatned. "The government passed an act with a severe [1749-50, chap,
penalty against riots, and appeared determined to carry the other act for exchanging the 7.]

462 PROVINCE Laws. — 1748-49. [Notes.]

bills into execution. The apprehension of a shock to trade proved groundless; the bills
being dispersed through every part of the province, the silver took place instead of
them, a good currency was insensibly substituted in the room of a bad one, and every
branch of business was carried on to greater advantage than before. The other govern-
ments, especially Connecticut and Rhode Island, who refused, upon being invited, to con-
form their currency to the Massachusetts, felt a shock in their trade wliich they have not
yet recovered. The latter had been the importers, for the Massachusets, of West India
goods for many years, which ceased at once. New Hampshire, after some years, revived
its business, and increased their trade in English goods, wliich formerly they had been
supplied with from the Massachusets. Perhaps they have rather exceeded." — Hutchin-
son's Hist. Mass. (Ed. 1767^ vol. II., p. 440. — See, also, note to 1750-51, chapter U,post.

Chap. 16. " This Act is in addition to an Act passed in this Province the 17"' of His
present Majesty which has been confirmed and I mnst submitt the propriety of this Act to
your Lordships." — Opinion of Mr. Lamb: "Mass. Bay, B. T., vol. 73, G.g., 43," hi Public
Record Office.

Chap. 17. " This Act is in addition to and explanation of a former Act passed in this
Province the 13"' year of His present Majesty which has been confirmed And the pro-
priety of this Act I must also submitt to your Lordships " — Ibid.

Chap. 19. See note to chapter 6, ante.

ACTS,

Passed i 749 — 50.

[463]

ACTS

Passed at the Session begun and held at Boston,
ON the Thirty-first day of May, A. D. 1749.

CHAPTEK 1.

AN ACT FOR GRANTING THE SUM OF TWENTY-TWO HUNDRED POUNDS,
FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOUR.

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

That the sum of twenty-two hundred pounds, in bills of credit of the Grant to the
form and teno[u]r last emitted, be and hereby is granted to his most s^^emor.
excellent majesty, to be paid out of the publick treasury to his excel-
lency William Shirley, Esq"^""^., captain-general and governour-in-chief
in and over his majesty's province of the Massachusetts Bay, out of
the next supply-bill, for his past services, and further to enable him to
manage the publick affairs of the province. \_Passed June 23 * ; pub-
lished July 1.

CHAPTER 2.

AN ACT IN ADDITION TO THE SEVERAL LAWS OF THIS PROVINCE
MADE FOR REGULATING OF THE FERRIES BETWIXT BOSTON AND
CHARLESTOWN, AND BETWIXT BOSTON AND WINNISIMET.

For the more speedy transportation of passengers over Charlestown
and Win[«]isiraet ferries, —

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

[Sect. 1 .] That from and after the first day of October next, there six boats ap.
be six sufficient boats, with able, sober persons to row in them, kept ^^al-Testown
and maintained for the transportation of persons and horses over the Ferry.
ferry between Boston and Charlestown ; three of said boats to be as- i7io.ii, chap. i.
signed and used only for the transportation of passengers and such i739!4o| cilap! 1".
vessels as are used for carrying milk to market, — the other three for Different use of
conveying of horses, chaise and other luggage, and all such passengers the boats.
who desire to pass in them ; that two boats ; vizi^'^, one for passengers,
and one for horses and other luggage, — be always passing on the water,
from side to side, when they ma}^ with safet}', and, as either of said
boats shall strike the shoar, on either side, the other boat there, assigned
to the same use, shall immediately put off.

* June 24 is given, on the engrossment, as the date of the Governor's signature ; but on
the record it appears as stated above.

466

Province Laws. — 1749-50.

[Chap. 2.]

Rates of ferri-
age.

Ferry-ways to
be enlarged.

Four boats to be
at Winnisimmet
Ferr5', two with
sails, and two
row-boats.

Time for pass-
iiig.

Penalty for fer-
rymen's neglect
of duty.

Rates of ferrl-
age.

Limitation.

And be it furtJier enacted,

[Sect. 2.] That it sh'all and may be lawful for the ferrymen to de-
mand and receive for each passenger over said ferry an halfpenny, ster-
ling ; for a man and horse, fourpence halfpenny, in bills of the last
emission ; for an horse and chaise or chair, fifteen pence, in like bills ;
and for other luggage of fifty pounds' weight or upward, the fare or
price for carriage to be at the rate of an halfpenny, sterling, for every
hundred weight, and no more.

And for the greater convenience of passing to and from the boats, —

Be it enacted,

[Sect. 3.] That the ways for landing on either side of the said
ferry be inlarged or widened to double their present w[i][e]dth; and
that until [1] such inlargement be made, and the afore[mentioned]
l^said'l number of boats provided, nothing more be demanded for fer-
rage than heretofore has been usual.

And whereas the number of boats by law heretofore assigned for the
ferry betwixt Boston and Winnisimet is found insufficient, —

Be it further enacted,

[Sect. 4.] That from and after the first day of October next, there
be four sufficient boats provided and maintained for the more speedy
transportation of passengers over said ferry, with two sober, able-bod-
ied men (one whereof to be a white man) constantly to attend each boat ;
two of the said boats to be equip [t]['d] with good sails and two good
oars, the other two to be row[eJ-boats or barges, and furnished with
four oars each.

A7id be it further enacted,

[Sect. 5.] That two of the said boats (whereof one to be a row[e]-
boat) shall be constantly passing on the water, from side to side, in
such seasons wherein they may with safety, from sunrise until[l] nine
of the clock at night, fjrom the first day of April until [1] the first day of
November, annually ; and from eight o'clock in the morning [Mn]til[l]
eight o'clock at night during the remainder of the year. And when any
one of the said boats shall land on either shoar, the other boat on the
same side shall immediately put off; and one or more of the ferrymen
shall, within the hours before mentioned, constantly abide at or near
each boat, to keep them from grounding, and to attend on passengers.

A7id be it further enacted,

[Sect. 6.] That every ferryman or other person or persons [i][e]m-
ployed to attend either of the said ferries, who shall neglect his duty,
in violation of this act, in either of the particulars herein mentioned,
he shall forfeit and pay the sum of ten shillings ; one half whereof to
be to the informer, and the other half to and for the use of the poor of
the town, either of Boston, Charlestown or Chelsea, respectively, in
whichsoever the offender shall dwell.

Arid be it further enacted,

[Sect. 7.] That the fare of said ferry, from and after the said first day
of October next, be as follows ; viz^'^, for each passenger in one of the
said row[e]-boats, ninepence ; for a horse, eighteen pence ; for a horse
and chaise or chair, with two wheels, three shillings ; for other luggage,
exceeding fifty pounds' weight, at the rate of fourpence halfpenny per
hund[re]d, in bills of publick credit of the last emission, and no more ;
and for each passenger in one of the [sd] sail-boats, sixpence ; for a
horse, eighteen pence ; for an horse and chaise or chair, with two wheels,
three shill[m]gs; for other luggage, exceeding [oO'] \^Jifty poimds'']
weight, at the rate of threepence per hund[re]d, in bills of publick
credit of the last emission, and no more.

[Sect. 8.] This act to continue and be in force for the space of three
years from the publication thereof, and no longer. \_Passed June 29 ;
published Jidy 1.

[IST Sess.] Province Laws. — 1749-50. 467

CHAPTER 3.

AN ACT TO PREVENT THE DISTURBANCE GIVEN THE GENERAL COURT
BY THE PASSING OF COACHES, CHAISES, CARTS, TRUCKS AND OTHER
CARRIAGES BY THE PROVINCE COURT-HOUSE.

Forasmuch as the noise occasioned bj' the passing of coaches, chaises, Preamble,
carts, trucks and other carriages on the south and north side of the court- 1747-48, chap. 4.
house, in King Street in Boston, gives great interruption to the debates
and proceedings of tlie general court in tlie time of their sitting ; for
preventing of which for the future, —

Be it enacted by the Governoxir, Council and House of Bepresent-
\_ati^ves^

[Sect. 1.] That an iron chain be properly fix[t]['d] to a post to be chains to be set
set in the ground within six feet of the south-west corner of the house X^generar'^
late in tlie possession of Samuel Rand, deceased, on the north side of court's being
the said court-house, and that the said chain be extended across the coaches^carts,
street, at four feet distance from the pavements in the nighest place, and *"'•
fast [e]ned by a lock, to a post to be set in the ground within six feet of
the north-west corner of the said court-house ; and that one other iron
chain be in like manner fix[t]['cZ] to a post to be set in the ground
within six feet of the south-west corner of the said court-house ; and
that the said chain be extended across the street at four feet in heighth
from the pavement, at least, and fast[e]ned by a lock to another post to
be set in the ground within six feet of the buildings opposite to the
said south-west corner ; and that the doorkeeper of this court be and
hereby is directed, from daj' to day, during the sitting of this court, to
extend and fix the said chains across the said street, there to be con-
tinued until[l] the adjournment of the same from time to time; and
upon the adjournment, the said doorkeeper is directed to take away the
said chain.

[Sect. 2.] This act to continue and be in force for the space of one
year from the publication, and no longer. \_Passed June 23 ; published
July 1.

CHAPTER 4.

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES' AND
DUTYS OF IMPOST AND TUNNAGE OF SHIPPING.

We, bis majesty's most lo}' all and dutifull subjects, the representatives
of the province of the Massachusetts Bay, in New England, being desir-
ous of a colateral fund and security for drawing in the bills of credit on
this province, have chearfuUy and unanimouslj' 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 dutj's of impost
upon wines, liquors, goods, wares and merchandizes that shall be im-
ported into this province, and tunnage of shipping hereafter mentioned ;
and pray that it may be enacted, —

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

468 Province Laws.— 1749-50. [Chap. 4.]

provisions, and every other thing of the growth and produce of New
England, and also all prize goods condemned in any part of this
province, excepted) , the several rates or dutys of impost following ;
viz*., —

For every pipe of wine of the "Western Islands, one pound.
' For every pipe of Madeira, one pound five shillings.

For every pipe of other sorts not mentioned, one pound five shil-
lings.

For every hogshead of rum, containing one hundred gallons, one
pound.

For every hogshead of sugar, sixpence.

For every hogshead of molasses, fourpence.

For every hogshead of tobacco, ten shillings.

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

And all other comraoditys, goods or merchandize not mentioned or
excepted, fourpence for every twentj'^ shillings value : all goods imported
from Great Britain, and hogshead and barrell staves and heads from any
of his majesty's colonies and provinces on this continent excepted.

[Sect. 2.] And for any of the above wines, liquors, goods, wares and
merchandize, &c^, that sliall be imported into this province 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 the}' do, bond
Jide, belong to the inhabitants of this province and come upon their
risque from the port of their growth and produce.

A7id be it further enacted,

[Sect. 3.] That all the aforesaid impost rates and dut5's shall be
paid in currant money or bills of credit of the last emission, by the
importer of an}' wines, liquors, goods or merchandize, unto the com-
missioner 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 : onl}' 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 vessell, doth exceed the sum of three
pounds ; and in cases where the commissioner or receiver shall give
credit, he shall settle and ballance his accompts with every 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 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.

And he it further enacted,

[Sect. 4.] That all masters of ships or other vessells coming into
any harbour or port within this province from beyond sea, or from any
other province or colon}-, 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 in to the commissioner or receiver, under
his hand, and shall therein set down and express the quantitys 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 man-
ifest 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

[1st Sess.] Peovince Laws. — 1749-50. 469

vessell from the port or ports such vessell came from, and that he hath
not Ijroken bulk, nor delivered anj' of the wines, rum or other distilled
liquors or merchandize ladtn 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 agree-
able to a piinted form for that purpose, which is to be filled up by the
said commissioner or receiver according to each particular person's
entry ; which oath the commissioner or receiver is hereby impowred
to administer : after which said 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 that behalf.

A))d be it farther enacted,

[Sect. 5.] That all merchants, factors and other persons, importers,
being owners thereof, or having any of the wines, liquors, goods or mer-
chandizes consigned to them, that by this act ai-e liable to pay impost or
dut^-, shall, by themselves or order, make entry tkereof in writing, under
their hands, with the commissioner or receiver, and produce unto him
an invoice of all such goods as pa}' ad valorem, and make oath thereto
in manner following : —

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

— which above oath the commissioner or receiver is hereby impowred
to administer ; [and they sh*]all pay the duty or impost by this act
required, before such wines, liquors, goods, wares or merchandize be
[landed or take*]n out of the vessell in which the same shall be im-
ported.

[Sect. 6.] And no wines, liquors, goods, wares or merchandize that
[b}' this act a*]re liable to pay' impost or duty, shall be landed on any
wharff, or into any warehouse or other place, but in the day [time onh',*]
and that after sunrise and before sunsett, unless in the presence and
with the consent of the commissioner or [receiver*], on pain of forfeit-
ing all such wines, liquors, goods, wares and merchandize, and the
lighter, boat or 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 [pr*]o-
duce an invoice of the quantitys of rum or liquors to him or them con-
signed, then the cask wherein the same is shall be [g*]aged at the
charge of the importer, that the quantitys thereof may be known.

And he it further enacted,

[Sect. 8.] That every merchant or other person importing any wines
into this province [sh*]all be allowed twelve per cent for leakage : pro-
vided, such wines shall not have been filled up on board ; and that
everj' [hogs*]head, butt or pipe of wine that hath two third parts thereof
leaked out, shall be accounted for outs, and the merchant or [imp*]orter
to pay no duty for the same. And no master of any ship or vessell
shall sutfer any wines to be filled up on board without [givin*]g a cer-
tificate of the quantity so filled up, under his hand, before the landing
thereof, to the commissioner or receiver of [imp*]ost for such port, on
pain of forfeiting the sum of one hundred pounds.

[Sect. 9.] And if it may be made to appear that any wines [im*]-
ported in any ship or vessell be decayed at the time of unlading thereof,
or in twenty da^s afterwards, oath being made [be*] fore the commis-
sioner or receiver that the same hath not been landed above that time,

* The paxchment is mutilated here.

470 Province Laws.— 1749-50. [Chap. 4.]

the dutj's 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 vessell importing any
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 entred, nor the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consigned. And it shall and may be lawfull, to and for
the master of every ship or other vessell, to secure and detain in his
hands, at the owner's risque, all such v;ines, liquors, goods, wares or
merchandize imported in any ship or vessell, untill he shall receive a
certiflcate, 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 impowred
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 merchandizes 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 is hereby impowred 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 b}' him given upon oath, as aforesaid, as shall
remain not entred and the duty of impost therefor 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 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 vessell, with her tackle, apparrell and
furniture, the master of which shall make 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 dutj' for any wines,
liquors, goods, wares and merchandize not entred as aforesaid ; and,
upon judgment recovered against such master, the said ship or vessell,
with so much of the tackle or appurces thereof as shall be sufficient to
satisfie said judgment, may be taken in execution for the same ; and
the commissioner or receiver of the impost is hereby impowred to make
seizure of the said ship or vessell, 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 imposts ; to the intent that, if judgment
be rendred for the prosecutor or informer, such ship or vessell and
appurces may be exposed to sale, for satisfaction thereof, as is before
provided : unless the owners, or some on their behalf, for the releasing of
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 broifght for the same, as aforesaid ; and the master oc-
casioning such loss or damage unto his owners, through his default or
neglect, shall be liable unto their action for the same.

[IsT Sess.] Province Laws. — 1749-50. 471

And be it further enacted,

[Sect. 13.] That the naval ofl3cer within any of the ports of this
province shall not clear or give passes unto any master of any ship or
other vessell, outward bound, untill he shall be certified, by the commis-
sioner or receiver of the impost, that the duty and impost for the goods
last imported in said ship or vessell are paid or secured to be paid.

[Sect. 14.] And the commissioner or receiver of the impost is
hereby impowred to allow bills of store to the master of any ship or
vessell importing an}' wines or liquors, for such private adventures as
shall belong to the master or seamen of such ship or vessell, at the dis-
cretion of the commissioner or receiver, not exceeding three per cent
of the lading ; and the dutys payable by this act for such wines or
liquors, in such bills of stores mentioned and expressed, shall be abated.

And for the more effectually preventing any wines, rum or other dis-
tilled spirits being brought into this province from the neighbouring
governments, by land, or in small boats and vessells, or any other wa}-,
and also to prevent wines, rum and other distilled spirits being first
sent out of this province, to save the duty of impost, and afterwards
brought into this government again, —

Be it enacted^

[Sect. 15,] That the commissioner and receiver of the aforesaid
dutys of impost shall and he is hereby impowred and enjoyned to ap-
point some suitable person or persons as his deputy or deputys in all
such places in this province where it is likely that wine, rum, and other
distilled spirits will be brought out of other governments into this,
which officers shall have power to seize the same, unless the owner shall
make it appear that the duty of impost has been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowred to search in all suspected places for
such wines, rum and distilled spirits brought or relanded in this govern-
ment, where the duty is not paid as aforesaid, and to seize and secure
the same for the ends and uses as is in this act hereafter provided.

And he it further enacted,

[Sect. 16.] That all penaltj-s, 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.

\^An*'\d he itfuiiher enacted,

[Sect. 17.] That there shall be paid, by the master of every ship or
other vessell, coming [into any p *]ort or ports of this province, to trade
or traffick, whereof all the owners are not belonging to this province
(except such [vessells as*] belong to Great Britain, the provinces or
colonys of Pensylvania, West and East Jerse}', New York, Connecti-
cutt, [New H*]ampshire and Rhode Island), ever}' voyage such ship
or vessell does make, one pound of good pistol-powder for every [ton
su*]ch ship or vessell is in burthen : saving for that part which is owned
in Great Britain, this province, or any of the aforesaid [g*]overnments,
which are hereby exempted ; to be paid unto the commissioner or re-
ceiver of the dutys of impost, and to be emploj'ed for the ends and uses
aforesaid.

[Sect. 18.] And the said commissioner is hereby impowred 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

* The parchment is mutilated here.

472 Province Laws.— 1749-50. [Chap. 4.]

suspect that the register of such ship or vessell doth not express and
sett furth the full burthen of the same ; the charge thereof to be paid by
the master or owner of such ship or vessell, before she shall be cleared, in
case she shall appear to be of greater burthen : otherwise, to [be*] paid
b}' the commissioner out of the money received by him for impost, and
shall be allowed him, accordingly, by the treasurer, in [h*]is accompts.
And the naval officer shall not clear any vessell, untill he be also certi-
fied, by the commissioner, that the duty of [tu*]nnage for the same is
paid, or that it is such a vessell for which none is payable according to
this act.

And be it further enacted,

[Sect. 19.] That when and so often as any wine or rum imported
into this province, the duty of impost on which shall have been paid
agreeable to this act, shall be reshipped and exported from this govern-
ment to any other part of the world, that then and in every such case,
the exporter of such wine or rum shall make oath, at the time of ship-
ping, before the receiver of impost, or his deput}^, that the whole of the
wine or rum so shipped has, bond fide, had the aforesaid duty of impost
paid on the same, and shall afterwards produce a certificate, from some
officer of the customs, that the same has been landed out of this govern-
ment,— or otherwise, in case such rum or wines shall be exported to any
place where there is no officer of the customs, or to any foreign port,
the master of the vessell in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, upon producing such certificate, or upon such oath
of the master, make oath that he verily believes no part of said wines or
rum has been relanded in this province, — such exporter shall be allowed
to draw back from the receiver of impost as follows ; viz'., —

For every pipe of Western Island wine, fifteen shillings.

For every pipe of Madeira and other sorts, eighteen shillings.

And for an hogshead of rum, fifteen shillings.

And be it farther enacted,

[Sect. 20.] That there be one fit person, and no more, nominated
and appointed by this court, as a commissioner and receiver of the
aforesaid dutys of impost and tunnage of shipping, and for the inspec-
tion, care and managment of the said office, and whatsoever thereto
relates, to receive commission for the same from the governour and 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 as aforesaid 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 entrys and dutys arising by virtue of this act ; also, a particular
account of ever}^ vessell, so that the dutys of impost and tunnage aris-
ing 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-general shall demand it. And the said commis-
sioner or receiver and his deputy or deputys, 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 ten of the clock in the
forenoon, untill one in the afternoon.

[Sect. 21.] And the said commissioner and receiver, for his labour,

* The parchment is mutilated here.

[1st Sess.] Province Laws.— 1749-50. 473

care and expences in the said office, shall have and receive, out of the
province treasury-, the sum of flfty pounds, per annum ; and his deputy
or deputys to be paid for their service such sum or sums as the said
commissioner and receiver, with the treasurer, shall agree upon, not
exceeding; ten pounds per annum each. And the treasurer is herebj"
ordered, in i)assing and receiving the said commissioner's accounts, ac-
cordingly, to allow the payment of such salary or salaries, as aforesaid,
to himself and his deputys.

Provided^

[Sect. 22.] That no dutys of impost shall be demanded for any
goods imported after the publication of this act, by virtue of any for-
mer act for granting unto his majestj' any rates and dutys of impost,
&c^ \_Passed June 23* ; puhlislied July 1.

* On the engrossment this act appears to have been signed by tlie Governor, June 24; but
the record has been followed above.

474: Province Laws.— 1749-50. [Chap. 5.]

ACTS

Passed at the Session begun and held at Boston,
ON the Second day of August, A. D. 1749.

CHAPTEE 5.

AN ACT FOR THE BETTER REGULATING THE CHOICE OF PETIT JURORS.

Be it enacted by the Governour, Council and House of Representatives,
Lists of persons [Sect. 1.] That the Selectmen of each town within this province
o'njuriesno^be shall, within thcii' respective [to*]wns, some time before the first day
Bdectmen**^ of December, take a list of the persons liable by law, and which they
shall judge able and well qualified, to serve on the [joef*] it juries, and
lay the same before the town at a meeting to be immediately called for
Persons to be that purposc, and the towns shall, respectively, at such meeting select
fofth?"uperior out of [i*]he list ouc-quarter of the number so laid before them, such
andinfermr ^s they judgc most Suitable to serve as jurors at the superiour court of
their names put judicature, court of assizc and general goal delivery, and put their
boxes!^^"**^ names, written on scperate p[ei][i"e]ces of paper, in one box, and the
remainder of such of them as the town shall think suitable, in the same
manner into another box, to serve as jurors in the inferiour court of
common pleas and court of general sessions of the peace, to be provided
by the selectmen for that purpose, and deliver the same to the town
clerk, to be by him kept under lock and key.
And be it further enacted,
_ ernes to be [Sect. 2.] That when at any time after the first of December next,

pcrson'sTo serve during the continuaucc of this act, any venire facias shall issue forth
on the juries, f^j, ^]^q choice of petit jurors, and the inhabitants of each town shall be
assembled for that purpose, the town clerk, or one or more of the select-
men in case of his absence or sickness, shall carry into the meeting the
box wherein the names of those persons are put who are designed to
serve at the court from whence the venire facias issued, which shall be
unlock'd in the meeting, and the major part of the selectmen, who are
hereby enjo[y][i]ned to be present, and the constable who shall warn
said meeting shall particularly notify them and the town clerk for that
purpose ; and the town clerk, or in his absence one or more of the
selectmen, shall draw out so many tickets as there are jurors required
by the venire, who shall be the persons that shall be returned to serve
as jurors : saving, that if any whose names are so drawn are sick or
otherwise unable to serve at that time, in the judgment of the town,
their names shall be returned into the box, and others drawn in their
stead.
Persons to serve [Sect. 3.] And to the intent the same persons may not serve too
°nie iJTth^ree oftcn, the clcrk or selectmen who shall draw the ticket or name of any

years.

The parchment is mutilated here.

[2d Sess.] Province Laws. — 1749-50. 475

person returned to serve as aforesaid, shall enter on the back thereof
the date of such draft, and retu-rn the same into the box again, and said
person or persons shall not be obliged, altho' drawn at any time, to
serve as jurors oftener than once in three j'ears, and no person who has
served as a petit juror within two 3-ears past shall be obliged to serve
again until three years be compleated from the time of his last serving,
notwithstanding his name's being drawn as aforesaid.

[Sect. 4.] And the selectmen shall, in the same manner, once in
every year during the continuance of this act, take a new list of such
other persons as may become suitable and qualified, and lay the same
before the town, whose names being first by them allowed, shall be put
into their respective boxes in manner as aforesaid. And as well that
all ma}^ do dut}-, as that the deficiency that may have happened by
death or otherwise may be supplied at such time, the town may, if they
think fit, make a new regulation of the list before received, and transfer
the names from one box to another, as they judge needful [1].

And whereas it often happens that the persons returned to serve as Preamble,
petit jurors [o][a]bscond, and the respective constables are put to
great difficulty, and frequently prevented from notifying them, —

Be it further enacted,

[Sect. 5.] That from and after the first of December next, and dur- Rules for notifi.
ing the continuance of this act, the clerks of the respective courts in iugv^niresl^^^'
this province, shall and hereby are obliged to issue out their venires
from their respective oflflces thirty days at least before the return da}'' ;
and the respective constables, upon receipt of the said venires, are
hereby obliged -to notify their towns thereof, so that the several meet-
ings may be held six days at le^st before the sitting of the court from
whence the ^^^[s] issue[s], and the constables are hereby directed,
in. case they cannot personally notify those who are so drawn, upon their
leaving a certificate of their being drawn as aforesaid, with the time
and place of their respective courts sitting, at the usual place of such
person's abode, four days before the sitting thereof; and it shall be
deemed a sufficient notification.

[Sect. 6.] And if any person drawn and notified as aforesaid, shall Penalty for per.
neglect to attend and serve accordingly, unless reasonable excuse be ingae jurors." '
made to the justices of the respective courts, he shall be fined in a sum
not exceeding fort}^ shillings of the last emission ; and if such jurors
belong to the town of Boston, they shall be fined in a sum not exceed-
ing twenty pounds of the same emission for the superiour court onl}",
to be divided between the petit jurors drawn as aforesaid and serving
at such court.

And be it further enacted,

[Sect. 7.] That the justices of the respective courts aforesaid are Metiiod for pre.
hereby directed, upon motion from either party in any cause that shall Ju "JrL? ^'^'''''^
be tried after the first of December next, and during the continuance
of this act, to put any juror to answer upon oath, whether returned
as aforesaid or a talisman " whether he doth[e] expect to gain or loose
by the issue of the cause then depending; whether he is any way[s]
related to either part}^ ; and whether he hath been of council to either
party ; or directly or indirectly given his opinion, or is sensible of any
prejudice in the cause"? And if it shall then appear to said court
that such juror does not stand indifferent in said cause, he shall be set
aside from the trial of that cause, and another appointed in his stead.

Aiid whereas it frequentl}- happens that many of the jurors so chosen preamble,
to serve in the several courts of judicature within this province fail of
attendance, and by reason of challenges made by parties to several of
said jurors, the number of returned jurors are too few to serve at said
courts ; for remedy whereof, —

476

Province Laws. — 1749-50.

[Chap. 6.]

New venires to
be issued, in
case.

Jurors' fees.

The act of the
15th of his pres-
ent innjesty, re-
latinsr to jurors,
revived.
1741-42, chap. 18.

Limitation.

Be it enacted^

[Sect. 8.] That from and after the first of December next, and dur-
ing the continuance of tlii§ act, it shall and ma}^ be lawful for the jus-
tices of the courts aforesaid, when sitting, and as the}' shall judge there
is occasion, to cause new writs of venire facias to be forthwith issued
out and directed to the constables of the several towns in the county
in which said court is held, for the appointment and return of so many
good and lawful men to serve upon the jury at said court as shall be
directed in the writ, which jurors shall be forthwith appointed, and
being notified and returned to the said court, shall be and hereby are
obliged to give their immediate attendance accordingly, under the pen-
alt}' by this act provided for non-appearance of jurors.

And be it further enacted,

[Sect. 9.] That the fees for the petit jurors in the county of Suffolk,
at the suueriour court, shall be twentj'-six shillings a case, the foreman
to have four shillings and the other jurors two shillings each.

A7id be it further enacted,

[Sect. 10.] That the law made and passed in the fifteenth year of
his present majesty's reign, [e][r]ntit[u]led "An Act for the better
regulating the choice of petit jurors, be and hereby is revived, and all
and eveiy part thereof declared to be and continue in full force and
virtue, until the first day of December next, and no longer : saving
onl}', that whereas, in and by said act it is provided that when any per-
son shall neglect to attend and serve as a juror, being drawn and noti-
fied, unless reasonable excuse be made to the justices of the respective
courts, he shall be fined in a sum not exceeding forty shillings, — it is
hereb}' provided, enacted and declared J:hat when any juror, being an
inhabitant of the town of Boston, altho' such juror may already have
been drawn for and notified to serve at the superiour court, shall neg-
lect to attend and serve accordingl}-, unless reasonable excuse be made
as aforesaid, he shall be fined in a sum not exceeding twenty pounds,
to be divided between the petit jurors drawn as aforesaid, serving at
[sairP] court.

[Sect. 11.] [TMs*] act to continue and be in force until the first
of September, which shall be in the year of our Lord one thousand
seven hundred and fiftj'-six, and \to the e*]nd of the session of the
general court next after, and no longer. \_Passed August 12 ; published
August 22.

CHAPTER 6.

AN ACT FOE, REGULATING THE HOSPITAL ON RAINSFORD ISLAND, AND
FURTHER, PROVIDING IN CASE OF SICKNESS.

Preamble.
1743-44, chap. 19.

Inquiry to be
made at the cas-
tle respecting
infectious ves.
Bels.

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
sickness, —

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

[Sect. 1.] That inquiry shall be made by the officer or other person
on duty at Castle William, of every vessel coming from sea and passing
b}' said castle, whether they are all well on board, and also whether any

* The parchment is mutilated here.

[2d Sess.] Province Laws. — 1749-50. 477

infectious sickness has been on board since tbey left the port from
whence they last came ; and if any vessel inquired of as aforesaid shall '

have any sickness on board, and upon further inquiry the same shall
appear to be the plague, small-pox or anj^ other malignant, infectious
distemper, in such case order shall be given to the master or commander
of such vessel forthwith to go down with his vessel, and anchor as near
the hospital at Rainsford's Island as conveniently may be ; or if any
vessel inquired of as aforesaid shall have had any infectious sickness on
board since they left the port from whence they last came, in such case
orders shall be given to the master or commander of such vessel imme-
diately to anchor, and to remain at anchor until[l] a certiGcate shall be Selectmen to
obtained from the major part of the selectmen of the town of Boston, o^vesseis^com-'^
that they are of opinion such vessel may come up to town without ing into the bar-
danger to the inhabitants, or until [1] the said master shall receive or-
ders from the said selectmen to go with his vessel and anchor near the
hospital aforesaid ; and in case any master or commander shall, by
himself or people on board, make false answer when hail'd by the
castle, or, after orders given as aforesaid, shall neglect or refuse to
anchor near the castle as aforesaid, or come on shoar, or suffer any pas-
sengers or persons belonging to the vessel to come on shoar, or any
goods to be taken out before the vessel shall have anchor'd, or without
liberty from the selectmen as aforesaid, or in case any master or com-
mander, ordered to anchor near the hospital aforesaid, shall neglect or
refuse so to do, in ever}' such case every master or commander so of- Penalty for the
fending shall forfeit and pay the sum of one hundred pounds, or suffer tn-ister's offence.
six months' imprisonment.

And be it further enacted,

[Sect. 2.] That upon application made to the selectmen of the town Leave to be had
of Boston by any master or commander of any vessel at anchor near fjr'^/andi'n^'pa".
the hospital aforesaid, the said selectmen are hereby impow[e]red to sengers or"
permit such passengers, goods or lading, as the}' shall judge free from s°°^^-
infection, to come on shoar, or be taken out and disposed of as the
owners shall see meet ; and such passengers and goods as shall not be
permitted as aforesaid, shall remain on board, or be landed on said
island.

[Sect. 3.] And if any master or immediate commander of any Forfeiture for
such vessel, for the time being, shall come on shoar, or suffer any of maste™ and otVf
his people or passengers to come on shoar, or any boats to come on ^i-s.
board, or suffer any goods to be taken out of his vessel, unless permit-
ted as aforesaid, or shall come up with his vessel, until [1], by a certifi-
cate under the hands of the selectmen or major part of tbem as afore-
said, it shall appear to the captain-general that the said vessel, company
and goods are clear of infection, and the orders for stopping and de-
taining the same be removed and taken off, he shall for every such
offence forf[ie][eQt the sum of fifty pounds; and in case he be not
able to pay that sum, he shall suffer three months' imprisonment : and
jf an}' sailors or passengers coming in said vessel shall, without the
knowle[d]ge or consent of the master, presume to come on shoar, or up
above the said castle, or if any person from town or country shall,
knowingly, presume to go on board such vessel, or go to the aforesaid
house or island in time of infection there, without leave as aforesaid;
or if any person put sick into the said house, or sent there on suspicion
of being infected, shall presume to go off the island, without leave as
aforesaid, — every person offending in any of the particulars above men-
tioned, shall forfeit the sum of forty pounds ; and in case any person
be not able to pay the said sum, he shall suffer two months' imprison-
ment : all the before-mentioned fines to be sued for and recovered by
the selectmen of the town of Boston, for the time being ; one moiety

478

Province Laws. — 1749-50.

[Chap. G/

Justices of the
peace to order
infectious ves-
sels or persons
to the hospital.

1701-2, chap. 9.

Penalty for not
answering, on
oath, referring
to infection.

Continuance of
the act.

thereof to be to his majesty for the use of this governin[en]t, the other
moiety to the informer.

And be it further enacted,

[Sect. 4.] That when and so often as any ship or other vessel,
wherein any infection or infectious sickness hath lately been, shall come
to any port or harbour within this province ; or when and so often as
any person or persons belonging to, or that may either bj' sea or land
come into, an}' town or place near the publick hospital within this prov-
ince, shall be visited, or who latel}^ before may have been visited with
any infectious sickness, two of the justices of the peace or selectmen
orf such place be and hereby are impow[e]red immediately to order the
said vessel and sick persons to the province hospital or house aforesaid,
there to be taken care of according to the direction of this act ; and
where any such ship, vessel or persons cannot, without great inconve-
nience and damage, be ordered to the aforesaid 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 3'ear of the
reign of his late majesty King William the Third, [e][^■Jntit[u]led
" An Act providing in case of sickness."

And be it further enacted,

[Sect. 5.] That if any master, seaman or passenger belonging to
any ship, on board which any infection is or hath lately been, or is sus-
pected to have lately been, or coming from any port where any infec-
tious, mortal distemper prevails, shall refuse to make answer upon oath
to such questions as may be asked by the selectmen of the town, who
are hereby impow[e]red to administer the same, 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 sura, he shall suffer six months' imprisonment ; the above-men-
tion [e]d fine to be sued for and recovered by the selectmen of the re-
spective towns where the oflTence shall be committed : one moiety
thereof to be to his majesty for the use of this government, and the
other moiety to the informer. And where any person shall be convicted
of any offence against this act, and suffer the pains of imprisonment,
and shall be unable to pay the costs of prosecution, such costs shall be
paid by the several towns to which such persons respectively belong ;
or, if not inhabitants, shall be allowed and paid out of the province
treasury.

[Sect. 6. J And the selectmen of Boston are directed and impow-
[e]red to provide nurses, assistance and other necessaries for the com-
fort and rel[ei][^■e]f of such sick persons sent to said hospital as afore-
said ; the charge thereof to be born by the said persons themselves, if
able ; or, if poor and indigent, by the towns to which they respectively
belong ; or, if not inhabitants, then at the immediate charge of the
province.

[Sect. 7 J This act to be and continue in force until [1] the first day
of September, which shall be in the year of our Lord one thous[an]d
seven hundred and fifty-six, and to the end of the session of the gen-
eral court next after, and no longer. [Passed August 12 ; published
August 2G.*

* In the printed acts the date of publication is given as August 22 ; but the memorandum
on the engrossment has been followed above.

[2d Sess.] Province Laws.— 1749-50. 479

CHAPTER 7.

AN ACT FOR THE PUNISHING SUCH OFFENDERS AS SHALL BE ANY
WAYS CONCERNED IN CONTRIVING, WRITING OR SENDING ANY IN-
CENDIARY OR MENACING LETTERS IN ORDER TO EXTORT SUMS OF
MONEY OR OTHER THINGS OF VALUE FROM ANY OF HIS MAJESTY'S
GOOD SUBJECTS.

Whereas there has been, of late, divers letters without a name, sent- Preamble,
to several of his majesty's good subjects of this and some of the neigh-
bouring governments by abandoned vil[Z]ains, demanding from them
large sums of money, and threatning ruin and destruction to their per-
sons and estates, in case they should fail of a compliance with their
demands ; therefore, for the deterring and punishing such offenders and
their accomplices, —

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

[Sect. 1.] That if any person or persons shall send any such letter Penalty for send.
or letters without a name subscribed, or signed with a fictitious or jeuerL'^to^extoi^t
counterfeit name, requiring or demanding any sum or sums of money, money.
or any other valuable thing, knowing the purport thereof, or that shall
counsel, advise or contrive any such letter as afores[ai]d, or that shall
indite or write the same, and be convicted thereof, such person or per-
sons shall be punished by sitting on the gallows for the space of one
hour, Avith a rope about his, her or their neck, and' afterwards shall be
set upon the pillory, and there haA'e one of his, her or their ears cut off,
and be farther punished by imprisonm[en]t for the space of three years,
during all which time such person or persons shall be kept to hard
work," and shall, every three months from the commitment, be brought
out and whipt twenty stripes on the naked back, at the publick whipping-
post.

And be it further enacted,

[Sect. 2.] That if any person shall be knowing to the contriving Penalty for con-
any such letter as aforesaid, or to the writing, carrying or sending &c!,"8uchTeu°^'
the same, tho' not concerned therein, and shall not immediately dis- ters.
cover the same to some lawful authority, such person shall be deemed
guilty of an high misdemeanour.

And be it further enacted,

[Sect. 3.] That this act shall be publickly read by the town clerk in Act to be read
each town through this province, at their meetings in March, annually. lUg^^" ^^^^ •

[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
August 18* ; inMished August 22.

* TMs is according to the record ; but the engrossment gives the date August 19.

480 Province Laws.— 1749-50. [Chap. 8.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-second day of November, A. D.
1749.

CHAPTEE 8.

AN ACT IN ADDITION TO, AND RENDRING MORE EFFECTUAL, AN ACT
INTITLED "AN ACT FOR DRAWING IN THE BILLS OF CREDIT OF THE
SEVERAL DENOMINATIONS WHICH HAVE AT ANY TIME BEEN ISSUED
BY THIS GOVERNMENT, AND ARE STILL OUTSTANDING, AND FOR
ASCERTAINING THE RATE OF COINED SILVER IN THIS PROVINCE
FOR THE FUTURE," MADE IN THE TWENTY-SECOND YEAR OF HIS
PRESENT MAJESTY'S REIGN.

Preamble. Whereas it is declared and provided in said act in the words follow-

1748-49, chap. 15. ing : " And whereas the sum of one hundred and eighty-three thousand
six hundred and fort3'-nine pounds two shillings and sevenpence half-
penn}', sterling, granted by parliament as aforesaid ; and the further
sum of sevent.y-five thousand pounds, now granted to be assessed in bills
of credit in the year [1749] [one thousand seven hundred and forty-
nine'], on the polls and estates of the inhabitants of this province, are
by this act become the sole fund and security for the whole sum in bills
of credit outstanding, and in case the said sterling sum, granted ns afore-
said, be not imported into this province before the said thirty-first day
of March, [1750] [one thousand seven hundred and fifty'], the exchang-
ing the bills of credit, as is above intended, will be rendred impractica-
ble, and, the former funds and securities being made void, there will
remain a fund for seventy-five thousand pounds onlj', and the remainder
of said bills of credit will become of no value to the possessors : Be it
therefore provided, and it is accordingly hereby enacted, that if the sum
granted by parliament as aforesaid, shall not be received within this
government on or before the thirtj'-first day of March, [1750] [o^e thou-
sand seven hundred and fifty], then and in such case, the several acts
of this province for drawing in the said bills, and all and every part of
said acts, shall be and continue in full force, anything in this act to the
contrary notwithstanding ; and all and every part of this act shall be
void, and have no further effect," —

And whereas certain deductions and stoppages have been made from
the aforesaid sum of one hundred and eighty-three thousand six hundred
and fort^'-nine pounds two shillings and sevenpence halfpenny, sterling,
by means whereof the whole and every part of said sum has not yet
been, and cannot be, received within this government before the said
thirty-first of March, [1750] [owe thousand seven hundred and fifty] j
which has occasioned doubts and uncertainty in the minds of some,
whether the said act is not or may not thereby become void and of no
effect, —

[3d Sess.] Province Laws.— 1749-50. 481

Be it therefore enacted hytlie Lieutenant- Gove^monr, Council and House
of Representatives,

That the said act be and hereby is declared to be in as full force, and Act for drawing
shall have the same effect, to all intents and purposes, as if the exact cred\t/&cnon-
sum of one hundred eighty-three thousand six hundred and forty-nine firmed.
pounds two shillings and sevcnpcnce halfpenny, sterling, had been
received within this government without any deductions or stoppages
made as aforesaid ; any construction that has been or may be put on
the aforesaid paragraph to the contrary notwithstanding. [^Passed
January 18 ; published January 22, 1749-50.

CHAPTEK 9.

AN ACT TO PREVENT VEXATIOUS LAWSUITS.

Whereas it is the practice of divers persons in this government to Preamble.
vex their neighbours, and put them to excessive costs, by suing them to .
some distant court in some count}' of the province where neither plain-
tiff nor defendant is an inhabitant ; and such suits are frequently sus-
tained, notwithstanding the law of this province enables the several
inferiour courts of common pleas, and the superiour court of judicature,
to try matters only that happen antl arise within the county where the
court is held, by reason whereof many inconvenc[i]es have arisen : for
prevention whereof, —

Be it enacted by the Lieutenant- G over nour, Council and House of Rep'
resentatives,

That from and after the publication of this act, no personal action or No personal
suit shall be brought by any plaintiff or plaintiffs, that are inhabitants uiod'atlhcin-
of this government, to any inferiour court o^common pleas in any of the fenor court, &c.,
counties within this province, where neither the plaintiff nor plaintiffs where neither
by whom such suit is brought, nor the defendant nor defendants against gabUantf" '""
whom such suit is brought, shall be an inhabitant within such county
where such suit is brought as aforesaid, but all such actions or suits
shall be barred, and the defendant or defendants so sued, shall recover
double costs of the suit ; saviiig where such defendant or defendants Saving.
against whom such suit is brought are not inhabitants of this province,
in such case such action or suit ma}^ he brought in any of the counties
within this province : 2^^'ovided, nevertheless, in cases of trespass vi et Proviso
armis, and debts due by bond that by the face of said bond are made
local, those actions may be tried where the trespass shall have been
committed, or where said bonds [shall] have been given. l_Passed
December 29, 1749 ; published January 9, 1749-50.

CHAPTEE 10.

AN ACT IN ADDITION TO THE ACT TO ENABLE TWO JUSTICES TO AD-
JOURN A COURT UPON SPECIAL OCCASIONS.

Whereas in and by an act made in the seventh year of the reign of Preamble.
King William the Third, intitled* ''An Act to enable two justices to 1694-95, chap. 21,

* The title of the act is incorrectly given in this preamble. See the act refciTcd to, Vol.
I., p. 190.

182

Province Laws. — 1749-50. [Chap. 11.]

Two justices
empowered to

adjourn a court upon special occasions," any two of his majesty's jus-
tices of the superiour court of judicature, &c^"^., and inferiour court of
common pleas, respectively, whenever such courts, by any providential,
necessary and unavoidable let or hindrance of their attendance, cannot
be held and kept on the day by law appointed for holding the same, are
impow[e]red, by writ under their hands and seals, directed to the
sheriff of the county, to adjourn such court unto a fmlher day ; but no
provision is made in and by said act for any further adjournment, which
may be found necessary for the same reasons, —

JBe it therefore enacted by the Lieutenant- Governour, Council and House
of Representatives,

[Sect. 1.] That when and so often as it shall happen that either of
fNcijourna'com-t the Said courts cannot, for any of the reasons mentioned in the said act,
jo^urnment'ilf' ^® ^^^^ ^"^^ ^^P^ ^^ ^^® ^^^ ^^ which, by virtue of the aforesaid act, the
case. same may have been adjourned, or on any day to which the justices of

the respective courts, at their session, may have adjourned the same, or
on any day to which the same may be adjourned by the general court,
it shall and msCy be lawful for any two of the justices of such court, in
like manner as in the said act is mentioned, to adjourn the same to some
further day ; and the sheriff, upon receipt of such justice's writ for that
purpose, shall conform himself to the directions of the former law.
And be it further enacted,

[Sect. 2.] That whenever, by reason of any extraordinary let or
hindrance, such two justices cannot, without extream difficulty, transmit
any writ for the adjournment of such court, to the sheriff, they may cause
a notifiofttion of such adjournm[e?i]t or adjournments to be posted up
on the house where the court was to have been held, and at such other
publick places as they may judge most suitable to give speedy notice
thereof to the county ; and such adjournment shall be adjudged good to
all intents and purposes. \^Passed January 22 ; published February
26, 1749-50.

Manner of noti-
fying such ad-
journments.

CHAPTER 11.

AN ACT TO ALLOW THE TOWN OF SWANZEY, IN THE COUNTY OF BRIS-
TOL, TO SET UP AND CARRY ON A LOTTERY FOR THE REBUILDING
AND KEEPING IN REPAIR MILES' BRIDGE, IN SAID TOWN.

Preamble. "Whereas by a law of this province made in the sixth year of the

1719-20, chap. 8. rcigu of his late majesty King George the First, intitled " An Act to
1732-33, chap. 14. supprcss lotteries"; and another law made in the sixth year of his
present mnjesty's reign, in addition to the aforesaid act, the setting up
or carrying on lotteries are suppressed, unless allowed by act of parlia-
ment or law of this province ; and whereas the said town of Swanzey
have represented their inability of rebuilding and keeping in repair the
great bridge and causeway in said town, called Miles' Bridge, by reason
great part of said town is taken off to Rhode Island by the late settle-
ment of the boundary-line betwixt the two governments, and pray the
allowance of setting up and carrying on a lottery in said town for that
purpose, —

Be it therefore enacted by the Lieutenant- Governour, Council and House
of Representatives,
Town of Swan. rSECT. 1.1 That the Said town of Swanzey be and hereby is allowed

zov cmpowGrGQ l j %j ^

to'have a lottery and authorized to set up and carry on a lottery within said town, for

mies'^Brid'fe. ^^® "^® ^^'^ purpose aforesaid, of the amount of twenty-five thousand

pounds, old tenor, drawing out of each prize ten per cent., and said

[3d Sess.] Province Laws.— 1749-50. 483

town be impow[e]red to make rules for the regular and practicable pro-
ceeding in said afi'air, and to appoint times and places, and meet persons
for managers therein, who shall be sworn to the faithful discharge of
their trust.

And in order to prevent any bubble or cheat's happening to the pur-
chasers or drawers of the tickets, —

Be it far titer enacted^

[Sect. 2.] That said Swanzey shall be answerable to the purchasers TownofSwan.
or drawers of the tickets for any deficiency or misconduct of the man- gw^raWeforany
agers, according to the true intent of lotteries. [^Passed December 11, deficiency or
1749 ; published January 9, 1749-50. ment.''"'*^'^"

CHAPTER 12.

AN ACT TO PREVENT THE UNNECESSARY DESTRUCTION OF ALEWIVES
IN THE TOWN OF MIDDLEBOROUGH.

Whereas there are great quantities of the fish called alewives, that Preamble,
pass up the rivers and brooks in the town of Middleborough to cast 1745-46, chap. 20.
their spawn ; and notwithstanding the penalties annexed to the many
good and wholesome laws of this province already made to prevent the
destruction of alewives, yet many ill-minded and disorderly persons are
not deterred therefrom, —

Be it therefore enacted by the Lieutenant- Governour, . Council and
Hotise of Represeyitatives,

[Sect. 1.] That whoever shall presume to take any of the said Places where
fish in the afores[c«"]d rivers or brooks, or any part thereof, by any be'^taken!'^^
ways or means whatever, at any other place than at the old Stone
Ware, so called, in Namasket River in said town, and at such place in
the brook called Assawampset[i] Brook, in said town, as the inhabitants
thereof shall vote and order, such person shall forfeit the sum of forty
shillings ; and the scoop-net or other instruments with which such per-
son may take the said fish, shall be forfeited.

And ivhereas some persons who ma}' disguise themselves, and others Preamble,
who may be unknown, may take or attempt to take the said fish at
other places than at the aforesaid Stone Ware and Assawampsett Brook,
and may refuse to discover their names, places of abode and occupa-
tions, by which means the prosecution of such offenders may be pre-
vented, and the good design of this act be defeated ; and there being
some passages of said rivers and brooks that are much narrower than
others, and by reason thereof the course of the said fish may be more
easily stofiped by canoes and other obstructions, —

Be it therefore further enacted,

[Sect. 2.] That if any person or persons, who maybe unknown, Pejiaity for tak.
shall take or attempt to take any of the aforesaid fish in any other part piaceL ^°° ®
of said rivers and brooks than those before mentioned, it shall be in the
power of any of his majesty's justices of the peace of the county of
Pi[i][^/]month, on his own view, to examine such person or persons ^

concerning their names, places of abode and occupations; or in case
no justice of the peace may be present, then it shall be lawful for any
sheriff or deputy sheriff of said count}', or constable of the aforesaid
town, or two or more persons who may be present at their so taking or
attempting to take the said fish, to conve}' such offender immediately
before any of his majesty's justices of the peace for the said county, to
be examined as aforesaid ; and on such offender's refusal to give an

484

Province Laws. — 1749-50. [Chap. 12.]

Penalty for giv-
ing obstructions
to the fish.

Inhabitants may
be witnesses.

Penalty for ser-
vants and chil-
dren offending.

Disposition of
forfeitures.

Rule of convic-
tion.

1723-24, chap. 10.

Limitation.

account of bis or their names, places of abode and occupations, such
justice may commit him or them to his majesty's goal in said county,
until [I] they give such account, unless such offenders will forthwith pay
the aforesaid penalty' of forty shillings. And whoever shall presume
to fasten or keep any canoe or canoes or other obstructions within or
nigh any narrow passage, or the middle of said river[s] or brooks, so
that it may be reasonably thought that the course of the said fish may
be thereby obstructed, such person or persons shall forfeit the sum of
ten shillings for every hour such obstruction shall continue ; and in case
it doth not appear how it might have been made, then it shall be in the
power of an}' justice of the peace of said county to order it to be
removed.

And be it further enacted,

[Sect. 3.] That no person shall be disqualified as a witness in order
to any conviction upon this act, by reason of his or her being an in-
habitant of said town.

And be it further enacted,

[Sect. 4.] That when any childi'en or servants shall offend against
this act, or any part thereof, the}' shall be punished by whipping, not
exceeding five stripes, setting in the stocks not exceeding two hours,
or imprisonment not exceeding twent3'-four hours, at the discretion of
the court or justices before whom the conviction may be, unless such
offenders, by themselves, their parents or masters, or others on their
behalf, shall forthwith pay the forfeiture aforesaid : such parents or
masters being notified of such conviction forty-eight hours before said
punishment be inflicted.

[Sect. 5.] All the penalties and forfeitures in this act mentioned to
be disposed of, one moiety to the use of the poor of the said town, and
the other moiety to the informer, to be recovered on information or
complaint before an}' justice of the peace of the afores[ai]d county,
where the penalty may not exceed forty shillings. And such justice is
hereby impow[eired to issue his warrant for apprehending such offender
or offenders, and upon conviction, to restrain or commit the offender or
offenders to his majesty's goal aforesaid, until [1] the fine imposed for
such offence be satisfied, or cause the same to be levied by distress and
sale of the offender's goods, returning the overplus, if any there be.
And where the penalty may exceed the sum of forty shillings, then it
may be recovered by action, bill, plaint or information, in any court
proper to try the same.

And be it further enacted,

[Sect. 6.] That the manner, rules and methods of conviction of
offenders against this act, may be the same as are directed and pro-
vided in and by an act made in the twelfth year of the reign of his late
majesty King George, [e][i]ntitled "An Act in addition to and for
rcndring 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 tres-
passes.'"

[Sect. 7.] This act to continue in force for the space of three years
from its publication, and no longer. [^Passed December 23,* 1749 ;
published January 9, 1749-50.

* The record has been followed here; but on the engrossment the date of the Governor's
assent is December 27.

[3d Sess.] Peovince Laavs.--1749-50. 485

CHAPTER 13.

AN ACT TO PRETENT ANY PERSON'S OBSTRUCTING THE FISH IN THEIR
PASSING UP INTO MONATIQUOT RIVER, WITHIN THE TOWN OF BRAIN-

TRE[Y][£].

"Whereas the act made and passed in the fourteenth year of his pres- Preamble,
ent majesty's reign, intitled " An Act to prevent any person's obstruct-
ing the flsh in their passing up into Monatiquot River, within the town of
Braintre[y][e], hath been found beneficial to the said town and towns
adjacent, but is now expired, —

Be it enacted by the Lieut[_enan]t-Governour, Council and House of
Representa tives,

[Sect. 1.] That no person or persons wliosoever, from the first day Season for tak-
February next, to the last day of May, yearly, during the continuance ^"g s*"^) i"^»'e<J-
of this act, shall presume to take, kill or hale ashoar any fish with
seines or drag-nets in the said river Monatiquot, or in any part of the
river between the town of Weymouth and said town of Braintre[3'][e],
through which they pass into the same, upon pain of forfeiting for each Penalty for
and every offence, on due conviction thereof, the sum of ten pounds, to act.^*^ ° ' '^
be recovered by action, bill, plaint or information in any of his majes-
ty's courts of record proper to tiy the same ; the one half of the said
forfeitures to be to and for the use of the towns of Weymouth and
BraintreQy][e] in equal proportion, the other half to him or them who
shall inform and sue for the same.

[Sect. 2.] This act to continue and be in force for the space of Limitation,
three years from the first day of February next, and no longer.
[^Passed December 12, 1749 ; published January 9, 1749-50.

CHAPTER 14

AN ACT TO PREVENT DAMAGE BEING DONE ON THE BEACH, HUMOCKS
AND MEADOWS BELONGING TO THE TOWN OF SCITUATE, LYING BE-
TWEEN THE SOUTHERLY ENHOF THE "THIRD CLIFF," SO CALLED, AND
THE MOUTH OF THE NORTH RIVER.

Whereas persons frequently drive numbers of neat cattle and horses, PreamMe.
and sometimes sheep, and may also drive goats, if not restrained, to
feed on the beach, humocks and meadows in Scituate, l3'ing between
the Third Cliff" and the mouth of the North River, and oftentimes cut
down trees and shrubs in said humocks, and carry them away, whereby
said beach is broken, and the land made loose, and by the winds and
storms is drove on the said meadow and flat[t]s or sedge-ground ; and
there is great danger, if such practices are not prevented, that the said
meadows and sedge ground will be utterly ruined, and the river greatly
damnified, —

Be it therefore enacted by the Lieutenant- Governo[u']r, Council and
House of Rei:)resent\_ati']ves,

[Sect. 1.] That from and after the publication* of this act, no per- Cattie, horses,
son or persons shall pi'esume to turn or drive any neat cattle, horse- tirTven°on°the
kind, sheep or goats, upon said beach, humocks or sedge-ground adjoin- ^each.
ing to said beach, to feed thereon, upon the penalty of ten shillings' a
head for all neat cattle and for every horse-kind, and two shillings for
every sheep or goat, that shall be turned or found feeding on said beach,

486

Province Laws.— 1749-50. [Chap. 15.]

Cattle, &c., to be
itnpouuded.

Impouncled, to
be sold, in case,

humocks or sedge-ground adjoining to said beach ; which penalt}' shall
be recovered from him or tliem that shall so drive said cattle, horse-
kind, sheep or goats, or from the owner or owners of said cattle, horse-
kind, sheep or goats, that shall so order them to be driven, by the
selectmen or treasurer of the town of Scituate, or any other person
that shall inform or sue for the same : the one half of the said forfeit-
ure to him or them who shall inform or sue for the same, the other half
to be to and for the use of the poor of the said town.

And be it further enacted,

[Sect. 2.] That if anj^ neat cattle, horse-kind, sheep or goats shall
be found feeding on said beach, humocks or sedge ground adjoining to
said beach, it shall and may be lawful for any person to impound the
same, forthwith giving notice to the owner or owners, if known, other-
wise to give publick notice thereof by posting up notifications in some
publick place in said town of Scituate ; and the impounder shall re-
l[ei][ie]ve said creatures with suitable meat and water while im-
pounded ; and if the owner thereof appear, he shall pay the reasonable
cost for rel[ci][?'e]ving them, besides the lawful fees to the pound-
keeper. And if no owner appear within three da^-s to redeem the said
creatures so impounded, and pay as aforesaid, then and in eveiy such
case the person or persons impounding such creatures, shall cause the
same to be sold at publick vendue, and pay the penalty as afores[ai]d,
with all other cost and charges arising about the same (publick notice
of the time and place of such sale being fii'st given in the said town of
Scituate and the two next adjacent towns three several da3-s before-
hand), and the overplus, if any there be, arising by such sale, to be
returned to the owner or owners of such creatures, if he or they appear
within two months next after such sale, upon his demanding the same ;
but if no owner appears within said two months to demand the same,
then the said overi)lus shall be one half to the person impounding, and
the other half to be returned to the town treasurer for the use of the
poor of the said town of Scituate.

And be it further enacted,

[Sect. 3.] That if any person or persons shall presume to cut down
any tree or shrub standing or growing on said beach or humocks, with-
out leave or licence first had and obtained of said town of Scituate, he
or they so offending shall forfeit and pay to the use of the said town the
sum of twenty shillings for each tree or shrub so cut down ; and all
such methods of proof shall be allowed in any action to be brought by
1726-27, chap. 3. said town thcrcfor, as is provided in an act made in the twelfth 5'ear of
King George the First, in addition to an act made for preventing of
trespasses.

[Sect. 4.] This act to be in force for the space of five years from
the publication thereof, and no longer. [_Passed December 13, 1749 ;
published January 9, 1749-50.

Penalty for cut-
ting down trees
or shrubs.

Limitation.

CHAPTER 15.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE MEADOWS LYING
IN THE TOWNSHIP'OF YARMOUTH, CALLED NOBSCUSSET MEADOW.

Preamble.

"Whereas many persons frequentlj^ drive numbers of neat cattle,
horses, sheep and swine, to feed upon the beaches and shoars adjoining
to said Nobscusset meadows in said Yarmouth, between said meadow
and the harbour, whereby the ground is much broken and damnified,

|_3d Sess.] Province Laws. — 1749-50. 487

and the sand blown on said meadows, and [s][^]ands adjoining, to the
great damage not only of private persoris in their propert}', but also
to the said town in general, so far as relates to said meadow, harbour
and the lands adjoining, —

Be it enacted by the Lieutenant- Governour, Council and House of Rep-
resentatives,

[Sect. 1.] That from and after the publication of this act, no per- Persons forbid-
son or persons shall presume to turn or drive any neat cattle, or horse- tic"&°.%nNob.'
kfnd, or sheep, or swine, to or upon any of the beaches, meadows or scussetMead-
sho[a]r[e]s at said Nobscusset, south-west of a place called "Black °^'
Earth," in said Yarmouth, from the first day of March to the last [day']
of November, annually, upon the penalty of ten shillings a head for Penalty.
neat cattle, horses or marcs, and one shilling for each sheep and swine,
that shall be turned and found on said beaches, meadows or sho[a]r[o]s,
within the time and limits aforesaid ; which penalty shall be recovered
by the selectmen or treasurer of the said town of Yarmouth, or any
other person that shall inform and sue for the same : the one half of
the said forfeiture to him or them that 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, or swine, Cattie to be im.
shall, at any time hereafter, be found feeding on the said beaches, mead- case!'^'^'^' '"
ows or shoia]r[e]s, south-west of Black Earth afores[o/]d, within the
times afores[ai]d, that it shall and may be lawful for an}' person to im-
pound the same, immediately giving notice to the owners, if known,
otherwise to give publick notice thereof in the said town of Yarmouth,
and the two next adjoining towns ; and the impounder shall rel [ei] [le] ve
the said creatures with suitable meat iind water while impounded ; and
if the owner thereof appear, he shall pay the sum of two shillings and
sixpence to the impounder, for each neat beast and horse-kind, and six-
pence for each sheep and swine, and the reasonable cost of rel[ei][/e]v-
ing them, besides the pound-keeper's fees. And if no owner appear Cattietobesoid,
within the space of six days to redeem the said cattle or horse-kind, ''^ ^'^^^'
sheep or swine so impounded, and to pay the costs and damages occa-
sioned by impounding the same, then and in every such case the person
or persons impounding such cattle or horse-kind, sheep or swine, shall
cause the same to be sold at publick vendue, and 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 Yarmouth, forty-eight hours be-
forehand), and the overplus, if an}' there be, arising by such sale, to be
returned to the owner of such cattle or horse-kind, sheep or swine, 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 impounding, and the other
half to the use of the poor of the said town of Yarmouth.

And he it further enacted,

[Sect. 3.] That the said town of Yarmouth, at their meeting in officers to be
March, annually, for the choice of town officers, be authorized and im- thiTact'iu exe-
pow[e]red to choose one or more meet person or persons whose duty cution.
it shall be to see this act observed, and to prosecute the breakers thereof,
and 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
paj', for the use of the poor of the said town of Yarmouth, the sum of
forty shillings ; and upon such refusal, said town from time to time to Penalty fomot
proceed to a new choice of such officer or officers. serving.

Provided nevertheless, and it is hereby declared, —

[bECT. 4.] That this act shall not be construed so as to restrain any Proviso.
person or persons on the whaling or fishing business, from turning their

488 Province Laws.— 1749-50. [Chap. 16.]

horses on the p[ei] [fejce of common near s[ai']d meadows, in case they
confine such horses to the s[«ijd common.
Limitation. [Sect. 5.] This act to continue and be in force for the space of five

j-ears from the publication thereof, and no longer. \^Passed January 2 ;
published January 9, 1749-50.

CHAPTEE 16.

AN ACT FOR REVIVING AND CONTINUING OF SUNDRY LAWS THAT ARE
EXPIRED OR NEAR EXPIRING.

Laws expired. Whereas an act was made in the fourteenth 3'ear of his present maj-
Refcrringto the esty's reign, intitled " An Act for explanation of and supplement to the
174041, chap. 20. ^^^ referring to the poor" ; and three other acts in the fifteenth year of
Petitions to the his Said majcsty's reign ; namelj', an act intitled "An Act to prevent
f7TM2,' chap!'i. "nncccssary petitions to the great and general court," one other act
Poor. ' intitled " An Act in addition to an act intitled ' An Act for explanation

1741-42, chap. 4. of. and Supplement to an act referring to the poor,'" and another act
Expense at fu- intitled " An Act to retrench the extraordinary expence at funerals";
K4i'.42,chap.i4. ^"cl ouc othcr act in the sixteenth year of the said reign, intitled "An
Weymouth, Act to enable the town of Weymouth to regulate and order the taking
i742-4lichap.34. ^"^^ disposing of the fish called shadd and alewives within the limits of
that town" ; and two other acts in the seventeenth ^year of the afore-
Expense in law- Said reign ; nnmeh', an act intitled " An Act to prevent unnecessary
174344, chap. 23. cxpcncc In suits at law," and one other act intitled " An Act to prevent
Firinggunswith the firing of guns charged with shot or ball, in the town of Boston" ;
i746.'47" ^ap.Ti. ^^^ °"® othcr act made in the sixteenth year of his present majesty's
Militia. reign, intitled " All Act for making morc effectual an act intitled 'An

1742-43, chap. 16. ^q^ fQ^. regulating the militia'" ; and one other act made in the six-
Assize of cask, teenth j-ear of his present majesty's reign, intitled " An Act in addition
Measuring ^o and for rendring more eflfectual an act for regulating the assize of
f-'X^"'-? h cask, and preventing deceit in packing of fish, beef and pork for sale,

' - . c ap. . y^^^^ jjj ^jjg fourth jear of the reign of King William and Queen Mar}^,
and also for the preventing of fraud and injustice in the measuring of
grain," — which act took place the first of October, 1742 ; also another
act made in the sixteenth year of his present majesty's reign, intitled
Assize of cask, " An Act in addition to the several acts for regulating the assize of

1742.43, chap. 20. casks, and preventing deceit in packing of fish, beef and pork for
sale" ; — all which laws are expired, and, having been found beneficial,
and necessary for the several purposes for which they were passed, —

Be it therefore enacted by the Liexitenant-Governour, Council and
House of Representatives,
Saiiiiawsre- [Sect. 1.] That all and every of the said acts, and every matter

^'^^^ ' and clause therein contained, be and hereby are revived, and shall con-

tinue in force from the publication of this act until [1] the twenty-fifth
da}'' of March, one thousand seven hundred and sixty, and from thence
to the end of the then next session of the general court.
Laws near ex- ^??d w7ie7'eas three Several acts were passed in the sixteenth year of
^"'"^' his aforesaid maiesty's reign ; namely, an act intitled " An Act to pre-

Unnecessary i -iiir \ t • • ^ -< > .

lawsuits. vent unnecessary lawsuits, [another act intitled " An Act to prevent

174243,' chap." 25! ^^^ multiplicity of lawsuits," and] another act intitled " An Act to
Gaming. prevent gaming for money or other gain " ; and three other acts in the

1742-43, chap. 27. twentieth year of the same reign ; namely, an act intitled " An Act in
Highways. further addition to an act intitled ' An Act for highways ' " ; one other

1 1 46-47 chap 10. <d %> >

Cursing and ^^^ intitled " An Act more effectually to prevent profane cursing and

swearing.
174647, chap. 17.

[3d Sess.] Province Laws.— 1749-50. ' 489

swearing " ; and another act intitled " An Act to enable the proprietors Private ways.
of private ways to repair them in equal manner" ; — all which laws are i''i6-^".ciiap.i8.
near expiring ; and having also been found beneficial for the several
purposes for which they were made, —

Be it therefore enacted,

[Sect. 2.] That all and every the said acts, and every matter and Said laws con-
clause therein contained, shall be and they hereby are continued, and ^'"^'^'i-
to remain in force from the time in them severally limit [^]cd for their
expiration, unto the beforementioned twenty-fifth day of March, 17G0,
and from thence to the end of the then next session of the general
court, and no longer. \^Passed January 11 ; published January 22,*
1749-50.

CHAPTEK 17.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGHTEEN
THOUSAND FOUR HUNDRED POUNDS, LAWFUL MONEY, FOR DIS-
CHARGING THE PUBLICK DEBTS, &cCa].

Be it enacted by the Lieutenant-Governour, Council and House of Bep-
resentatives, in General Court assembled,

[Sect. 1.] That the treasurer be and hereby is impow[e] red and Treasury sup-
ordered to emit and issue forth, at such time and in such manner as is ^18^400."
hereinafter directed, the sum of eighteen thousand four hundred pounds,
lawful money, now lying in his hands ; and the said sum of eighteen
thousand four hundred pounds, lawful mone}', shall be issued out of the
treasury in the manner and for the purposes following; viz"^'^., the sum £t,ooo for Cas.
of seven thousand pounds, part of the aforesaid sura of eighteen thou- other forts) ^"
sand four hundred pounds, shall be. app][y][i]ed for the payment of f'^''^^^' ^'^•
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, and the sloop in the country's
service, and the forces that are and have been upon the eastern and
western frontiers ; and the sum of three thousand five hundred pounds, £3,500 for pur.
part of the aforesaid sum of eighteen thousand four hundred pounds, sion8,"|c?°^'
shall be iippl[y][i]6d for purchasing provisions, and for the commis-
sary's other necessary disbursements for the service of the several forts
and garrisons and other forces within this province, pursuant to such
grants as are or shall be made by this court for those purposes ; and £5,510 for coun-
the sum of five thousand five hundred and ten pounds, part of the grants, &c!'
aforesaid sum of eighteen thousand four hundred pounds, shall be ap-
pl[y][/]cd 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 premiums, 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 paj-ment of out of the publick
treasury, and for no other purpose whatsoever; and the sum of two £210 for debts
hundred and ten pounds, part of the aforesaid sum of eighteen thou- ^o^estabiish-'^
sand four hundred pounds, shall be appl[y][i]ed to the discharge of meut.
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
w^here there is no 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 sum of two £28o for contin-

' => ' gem charges.

* This date is taken from tlae engrossment ; on the printed act it appears January 23.
62

490

Peovince Laws.— 1749-50.

[Chap. 17.]

£1,900 for repre-
sentatives' pay.

Surplusage to lie
in the treasury.

Money to be
paid out of the
proper nppro-
priations.

Proportion be-
tween bills of
the last emis-
sion and lawful
money.

JTo silver to be
issued until
after the 31st
of March next.

Bills of credit to
be paid, where
they are desired.

Provision in
case of deficient
cy of silver.

hundred and eighty pounds, part, of the aforesaid sura of eighteen
thousand four hundred pounds, shall be appl[y][i]edto dcfr[a][(?]3' any
contingent unforeseen charges that may demand prompt payment, and.
for no other use whatsoever ; and the sum of nineteen hundred pounds,
the remaining part of the aforesaid sum of eighteen thousand four
hundred pounds, shall be appl[y][^']ed for the payment of the members
of the house of representatives serving in the general court during their
several sessions this present year.

And be it further enacted,

[Sect. 2.] That if there [be] a surplusage in any sum appropriated,
such surplusage shall l[y][i]e in the treasury for the further Wder 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 respective!}' a[)propriated for the payment of such pub-
lick debts as the drafts are made to discharge ; and the treasurer is
hereby directed and ordered to pay the . same 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 of representatives, when they
direct, [all] [lay'] such muster-rolls and accompts after payment thereof.

And ivhereas divers grants have been made by this court payable in
bills of the last emission, and the debts due and owing from this prov-
ince have been understood to be payable in the same, —

Be it further enacted,

[Sect. 4.] That every debt of eleven shillings and threepence in
bills aforesaid, that is now due and owing, or that may become due from
this province before the thirty-first day of March, one thousand seven
hundred and fifty, shall and may be discharged by one milled dollar,
and so pro rata for any greater or less sum ; and the treasurer is hereby
directed and required to pay all such drafts as are or shall be made
pursuant to law upon the treasur}', payable in bills of the last emission
accordingly : x>'>'ovided always, and it is accordingly to be understood,
that no part of the sum of eighteen thousand four hundred pounds
aforesaid, shall be issued out of the publick treasury in silver before
the thirtj'-first day of March next, anything in this act to the contrary
notwithstanding.

Provided also, that it shall and may be lawful for the treasurer, at
any time between the publication of this act and the thirty-Brst day of
March aforesaid, to issue forth bills of credit that may be lying in his
hands, and were received in for taxes, impost and excise, in discharge
of any warrants that shall have been drawn on him and made payable
out of any of the appropriations in this act, to such person or persons
as shall declare their desire to receive such bills of credit according to
their nominal value in discharge of such warrant.

And be it further enacted,

[Sect. 5.] That if by means of issuing the aforesaid sum of eighteen
thousand four hundred pounds, lawful money, for the payment of the
debts of this province or members of the house of representatives, there
should not be a suflScient quantity of lawful silver money in the treas-
ury, together with the other provision that is or shall by law be made
for the exchanging and drawing in the outstanding bills of this prov-
ince, that then the treasurer of this province be and hereby is author-
ized, impow[e]red and required, in the name and behalf of this gov-
ernment, forthwith upon such deficiency appearing, to borrow the

[3d Sess.] Province Laws. — 1749-50. 491

aforesaid sum of eighteen thousand and four hundred pounds, or such
part thereof as shall be necessary to supply such defieienc}' occasioned
in manner aforesaid, which sum to be made payable from this govern-
ment on or before the last day of December, one thousand seven hun-
dred and fifty-one, allowing an interest therefor not exceeding six per
cent per annum; which sum so borrowed shall be employed by the
treasurer for the exchanging and drawing in the outstanding bills of
this province, and no otherwise.

And as a fund and security for drawing in and for the pa5'ment of
such sum as the treasurer shall and may borrow as aforesaid, and the
interest arising thereon, —

Be it enacted,

[Sect. 6.] That there be and hereby is granted unto his most £i6,5oo, &c., in
excellent majest}', a tax of sixteen thousand five hundred pounds, with ^'°^'
the interest thereof, or such part of the aforesaid sum of sixteen thou-
sand five hundred pounds, and the interest thereof, as the treasurer,
pursuant to this act, shall and may borrow as aforesaid, 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 on and ordered by this court at their
session in May, one thousand seven hundred and fiftj'-one, 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 and for the payment of
such sum or sums as shall be paid out to the representatives of the
several towns, —

Be it farther enacted,

[Sect. 7.] That there be and hereby is granted unto his most Tax to be made
excellent majest}', a tax of such sum or sums as shall be paid to the the ^epresenta-
several representatives as aforesaid, to be levied and assessed on the ^i''*^-
polls and estates of the inhabitants of the several towns, according to
what their representatives shall so rec[ie][e?']ve ; which sums, together
with the interest (if any such) that may be due thereon, shall be set on
the sajd 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 the general assembly
for the assessing the next province tax, and the constables, in their
respective districts, shall paj' in the same when they pay in the province
tax for the j-ear one thousand seven hundred and fiftj'-one, of which
the treasurer is hereby directed to keep a distinct and seperate accompt ;
and if there be an}^ surplusage, the same shall l[y][»]e in the hands of
the treasurer for the further order of this court.

Be it further enacted,

[Sect. 8.] That in case the general court shall not at their session Tax for the
in Ma}', one thousand seven hundred and fifty-one, agree and conclude "muteci'^trbJ
upon an act ap[p]ortioning the sums which bj' this act are engaged made according
shall be, in the year one thousand seven hundred and fifty-one, appor- tax act^^in'^case.^
[ti]oned, 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
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 preceeding ;
and the province treasurer is hereby fully impow[e]red and directed,
sometime in the month of June, in the year one thousand seven hun-
dred and fift3'-one, 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

492

Peovince Laws.— 1749-50. [Chap. 17.]

Taxes to be paid
in the several
ppecies liereiii
enumerated.

proportion of the sums 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,

[Sect. 9.] That the inhabitants of this province shall have liberty,
if they see fit, to pay the several suras for which they respectively may,
in pursuance of this act, be assessed, in silver, at six shillings and
eight pence 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[r]-iron, bloomary-iron, hollow iron-ware,
Indian corn, rye, wheat, bark-}', pork, beef, duck or canvis, whalebone,
cordage, train-oil, beeswax, bayberry-wax, tallow, pease, sheepswool,
or tan[n]'d soal-leather (the aforesaid commodities being of the pro-
duce or manufacture of this province), at such moderate rates and
prices as the general assembly of the year one thousand seven hundred
and fifty-one shall set them at ; the several persons pajing 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 trea-
Howthe com- gurv ; but if the aforesaid general assembly shall not, at their session in
brought into the May, somctime before the twentieth day of June, in the said year, agree
berated ^'^ '° iipon and set the aforesaid species and commodities at some certain
prices, that then the eldest councellors, 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 fullj' authorized and
impow[e]red to do it; and in set[^]ling their prices and rating the
value of those commodities, to state so much of them, respective!}', 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 taxes for that year,
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 may be, be disposed of by the treasurer to
the best advantage for so much as they will fetch in silver at six shil-
lings and eight pence per ounce, or gold coin proportion abl}" ; 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 fully and eflTectually to pay in the full sum
that may be borrowed as aforesaid ; and if there be a surplusage, it shall
remain a stock in the treasury. [^Passed January 22; published Janu-
ary 23, 1749.

Treasurer to
sell the said
commodities.

[4th Sess.] Province Laws.— 1749-50. • 493

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-second day of March, A. D.
1749-50.

CHAPTER 18.

AN ACT IN ADDITION TO AN ACT MADE AND PASS[E]'D IN THE
TWENTY-SECOND YEAR OF HIS MAJ[jE;S]TY'S REIGN, INTIT[U]LED
" AN ACT FOR DRAWING IN THE BILLS OF CREDIT OF THE SEVERAL
DENOMINATIONS WHICH HAVE AT ANY TIME BEExN ISSUED BY THIS
GOVERNM[£.V]T AND ARE STILL OUTSTANDING, AND FOR ASCERTAIN-
ING THE RATE OF COINED SILVER IN THIS PROVINCE FOR THE
FUTURE."

Whereas in and by an act made and pass[e]'d in the twent^'-second Preamble.
year of his present majesty's reign, intit[u]led " An act for drawing i"48.49,ci]ap.i5.
in the bills of credit of the several denominations which have at any " •°^'''p- •
time been issued by this government and are still outstanding, and
for ascertaining the rate of coined silver in this province for the
future," it is, among other things, enacted and declared in the words
following ; viz'^'^., " That no execution shall be issued during the term
aforesaid from the office of an}'^ clerk of any of the inferiour courts of
common pleas, or of the superiour courts of judicature, for any sum
whatsoever, unless the plaintiff or plaintiffs, suing in his or their own
right, shall first take the oath aforesaid ; and certificate thereof shall be
made on such execution " ; and ivhereas such clerk, ex officio, is not im-
pow[e]red to administer such oath, aod by means thereof great delay
may be occasioned to many plaintiffs, and loss and damage thereby
arise, —

Be it therefore enacted,

[Sect. 1.] That the clerks of the superiour court of judicature, cierks of the
and the several clerks of the inferiour courts of common pleas, within ered 'to^atainia.
this province be, and hereby are, impow[e]red to administer such oath, ter oaths upon
when it hath not already been done before a justice of peace and cutlons?"' *''''^'
certified to the clerk, to any plaintiff or plaintiffs whatsoever, suing in
his or their right, and dwelling within this province ; and certificate
may, and shall be, made thereof accordingly. And for administring
the oath as aforesaid, such clerk shall be allow[e]'d threepence, and
no more.

And be it further enacted,

[Sect. 2.] That for each certificate on an execution, the clerk of Fee for admin.
the court signing the same shall be allowed threepence, lawful money, anTfof cVrtify'
and no more; and the cost and charge of such oath and certificate iog't.
shall be added to the sum in the execution required to be levied
accordingly. [Passed April 12 ; published April 21, 1750.

494 Province Laws.— 1749-50. [Chap. 19.]

CHAPTEE 19.

AN ACT FOR ASCERTAINING THE RATES AT WHICH COINED SILVER
AND GOLD, AND ENGLISH HALFPENCE AND FARTHINGS, MAY PASS
WITHIN THIS GOVERNMENT.

PreamWe. Whereas ill and by an act made and pass[e]'d in the twenty-second

1748-49, chap. 15, ygj^j. ^f }jjg present majesty's reign, intitled "An act for drawing in
the bills of credit of the several denominations which have at any time
been issued by this governm[e7i]t and are still outstanding, and for
ascertaining the rate of coin'd silver in this province for the future," it
is enacted in the words following ; viz"^'^., " That all bargains and con-
tracts, debts and dues whatsoever, which shall be agreed, contracted
or made after the thirt^^-first day of March, 1750, shall be understood,
and are hereby declared, to be in silver, at six shillings and eightpence
per ounce ; and all Spanish mill'd pieces-of-eight, of full weigbt, shall
be accounted, taken and paid at the rate of six shillings per p[ei][ie]ce
for the discharge of any contracts or bargains to be made alter the
said thirty-first day of March, 1750; the halves, quarters and other
less p[oi][ie]ces of the same coin to be accounted, received, taken or
paid in the same proportion"; a7id whereas, there is great reason to
apprehend that many and great inconvenc[i]es may arise, in case any
coin'd silver or gold, or English halfpence and farthings, should pass at
any higher rate than in a just proportion to Spanish p[ei][?'e]ces-of-
eight, or coin'd silver, at the rates aforesaid, —

Be it therefore enacted by the Lieutenant-Governour, Council and
House of Representatives,
ftuted'^^''°'"^ [Sect. 1.] That it shall not be lawful for any person within this
government, from and after the thirt3'-first day of March, one thousand
seven hund[re]d and fift}', to receive, take or pay any of the following
coin at any greater or higher rate than is allowed by this act ; vizi^'^.,
a guinea, at twent3--eight shillings ; an English crown, at six shillings
and eight pence ; an half-crown, at three shillings and fourpence ; an
English shilling, at one shilling and fourpence ; an English sixpence,
at eightpence ; a double Johannes, or gold coin of Portugal, of the
value of three pounds twelve shillings sterling, at four pounds sixteen
shillings; a single Johannes, of the value of thirty-six shillings ster-
ling, at forty-eight shillings ; a moQy][i]dore, at thirty-six shillings ; a
pistole of full weight, at twent5'-fwo shillings ; three English farthings
for one penny ; and English halfpence in greater or less numbers in
proportion.

And be it further enacted,
S'or/for^ny [Sect. 2.] That if any person within this government shall, after
the said coins the thirty-first day of March, one thousand seven hundred and fifty, for
to^e"tabifsh.'"^ ^^^ discharge of any contract or bargain, account, receive, take or pay
"aent. any of the several species of coins before mentioned at any greater or

higher rate than at which the same is hereby regulated, set[^]led and
allowed to be accounted, received, taken or paid, every person so ac-
counting, receiving, taking or paying the same contrary to the directions
herein contained, shall forfeit the sum of fifty pounds for every such
offence, one moiety thereof to his majesty for the use of this govern-
ment, the other moiety to such person or persons as shall sue for the
same ; to be recovered with full costs of suit, by action of debt, bill,
plaint or information, in any of his majesty's courts within this province.
Provided always, and it is hereby declared, —
Proviso relating [Sect. 3.1 That nothing in this act shall be understood to restrain

to bargains, &c., *- -■ „ ^ ,. ...,.

made iaeforc any pcrson or persons from accounting, receiving, taking or paying any

March 31, 1750.

[4th Sess.] Province Laws. — 1749-50. 495

of the abovementioned species or coins in discharge of any debts, con-
tracts or bargains made before the thirtA'-first day of March, one thou-
s[««]d seven hund[?"e]d and fifty, at the following rates ; viz'^'^^^., for any
debt contracted before the said thirt}- -first day of March, and under-
stood to be payable in bills of the old teno[n]r, in such proportion
higher or greater than the rates set at in this act as fort3^-five shillings
is to six shillings ; and for any debt contracted before the said thirty-
first day of March, and understood to be payable in bills of the middle
tenor or bills of the new tenor, in such proportion higher or greater
than the rates set at in this act as eleven shillings and threepence is to
six shillings ; anything in this act to the contrary notwithstanding.
[Passed March 31 ; ])ublished April 2, 1749-50.

CHAPTEK 20.

AN ACT IN FURTHER ADDITION TO THE SEVERAL ACTS OF THIS PROV-
INCE MADE FOR THE DISTRIBUTION AND SETTLEMENT OF THE ES-
TATES OF INTESTATES.

Whereas by the laws of this province made for the distribution and Preamble,
settlement of the estates of intestates, it is provided that such real 1692-93, chap. i4,
estates as cannot, without prejudice to or spoiling them, be divided f-oo-iToi, chap.
among all the children of any person dying intestate and leaving chil- j;,^,,,
dren, may be setled on one or so many of them as the estate will con- 1719-20! chap.' loj
veniently accommodate ; but no provision by law has as yet been made 1723.21'^chap. 3
for the like settlement of estates, uncapable of a division among all the §>
heirs, where the intestate dies without issue, — i7'33i34; chap.' .5.'

Be it therefore enacted by the Lieutenant-Govemour, Council and House 1734.35, chap. le.
of Representatives,

That where the real estate of any person dying intestate and not Settlement of in-

tcptite ostites

leaving issue, cannot be divided among all the heirs, without great where there is

prejudice to or spoiling the whole, the judge of the probate of wills in "o'^sue.

the county in which such intestate person last dwelt, shall have power,

and he is hereby authorized to order and assign the same to one or so

many of the next of kin to such intestate, in equal degree, or their legal

representatives, as such estate will conveniently accommodate without

prejudice to or spoiling the whole (preference being given to the male

heirs among such as are of kin in equal degree) , in manner as the same

might by law have been set[^]led on the children of the intestate in

case he or she had left issue. [Passed April 12 ; published April 21,

1750.

CHAPTEK 21.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SUNDRY Disallowed by
ARTICLES HEREAFTER ENUMERATED, FOR AND TOWARDS THE SUP- d l! Jun7ao!'^""'
PORT OF HIS MAJESTY'S GOVERNM[£V]T, OF THIS PROVINCE. 1752.*

We, your majesty's most loyal and dutiful subjects, the representa- Preamble.
tives of the province of the Massachusetts Bay, in general court assem-
bled, have chearfully and unanimously granted and do hereby give and

* For reasons for disallowance, see the note to this chapter, post.

496

Province LxWvs. — 1749-50. [Chap. 21.]

Duty to be paid
for tea, coflTce,
arrack, smiff,
aud china-ware.

No person to
sell the things
enumerated
without license.

Bond to be
given.

License notto be
renewed unless
till' duty for the
time past be
paid.

Penalty for sell-
ing without li-
cense.

1748-49, chap. 4,

Collectors of
this duty to be
appointed.

To give bond.

To be under
oath.

grant unto his most excellent majesty, to be applied to the support of
his majesty's government of this {)rovince, according to such acts, votes
or orders of the general court, as shall hereafter be made for that pur-
pose, an excise upon the several articles hereafter named ; and, —

Be it accordingly enacted by the Lieutenarii-Governour, Council, and
House of Representatives,

[Sect. 1.] That there shall be paid for all tea, coffee, arrack, snuff,
aud china-ware, the sundry duties following, vizW., —

For every pound of tea, twelvepence.

For eveiy pound of coffee, twopence.

For every gallon of arrack, two shillings and sixpence.

For every pound of snuff, sixpence.

For all china-ware, five per cent ad valorem, at the retail price.

And he it further enacted,

[Sect. 2.] That from and after the first day of August next, and
during the continuance of this act, no person or persons whatsoever,
other than such as shall obtain licence from the justices in general ses-
sions to sell tea, coffee, arrack, snuff and china-ware, shall or may pre-
sume to sell the same ; and every person so licensed shall give bond,
with sufflcient sureties, for their well and ixxxly paying the duties laid on
those articles he or they shall be licensed to sell, and that he or they
will use his or their licen[s][c]e in such house or houses as shall be
therein named, and no other ; and that he or they will render to the
collector or collectors, on oath, a just and true accompt.of all the said
commodities by him or them sold, from time to time, and pay unto the
said collector or collectors, at the end of every half-year, the sum or
sums of excise that may arise pursuant to this law.

And he it further enacted,

[Sect. 3.] That the said licen[s][c]e be renewed yearly, and bond
given as aforesaid; and that the said licen[s][c]es be renewed to no
persons whatsoever, unless he or they, before their receiving the same,
produce certificate, under the hand of the collectof , of his or their having
paid the full of the excise due from them as aforesaid.

And he it further enacted,

[Sect. 4.] That if any person or persons not licensed as afore-
s[ai]d, unless as hereafter is provided, shall, from and afier the first
day of Aug[?<s]t next, presume, directly or indirectly, by themselves,
or "any under them, to sell any tea, coffee, arrack, snuff, or china-ware,
by any quantity, weight, number or measure, he, she or they shall, for
every such offence, on due conviction, forfeit and pay a sum not exceed-
ing ten pounds, nor under two pounds, at the discretion of the court
before whom the conviction may be ; one half to the informer, and the
other half to his majesty for and towards the support of this govern-
ment, and to be paid into the prov[s] [mce] treasury accordingly : the
manner of conviction to be the same as of persons selling strong liquors
without licen[s][c]e, as is by law already provided.

And be it further enacted,

[Sect. 5.] That there be one or more collectors in each county
annually appointed by the general court ; and, in case of death or
refusal, the court of gen [era] 1 sessions of the peace are hereby im-
pow[e]red to take charge of the aforesaid duty of excise ; and each uf
the said collectors shall give bond with sureties, before he enter into
said oflSce, to the treasurer of the province, in such sum as the court of
general sessions of the peace shall order, not exceeding one thousand
pounds, conditioned for his faithful performance of his duty ami paying
into the treasury all such sums as he shall collect by virtue of this act ;
and said collectors, respectively, shall also be under oath to see to the
observation of this law, and to prosecute the breakers of it, and may

[4th Sess.] Province Laws. — 1749-50. 497

and are hereby authorized and impow[e]red to appoint one or more
officers under them, who shall also be under oath, to inquire after and
prosecute the breakers of this law; and the said collectors are hereb}^ Collectors to ex-
impow[e]red and required, every half j'ear, carefully to examine on oath pM^MsoToa^h.
the accompts of every person licensed to sell any or either of the before-
mentioned articles in their respective counties, and demand and receive
the several sums due from them by virtue of this act ; and shall give in to render an
a particular accompt, under their hands, of the particular sums they treasu"4r°on'^
received, together with the names of the persons of whom received, and oai'h.
pa3" in the same unto the province treasurer upon oath, which oath the
said treasurer is hereby directed and impow[e]red to administer, and Allowed five
each collector shall be allowed five per cent for all monies received by P'^^'^ent.
him as afores[a»"]d and paid into the province treasury.

And be it farther enacted,

[Sect. 6.] That if any person licensed as aforesaid, shall not. Collectors to put
■within the space of one month next after the time limited by law for bondsin'sult.
their paying the duties aforesaid, account with and pay the collectors
the sums due from them for the excise aforesaid, in manner as afore-
said, that then the said collectors are hereby impow[e]red and required
to put such deficient or delinquent person's bond in suit ; and upon his
recovering and receiving the money due thereon, he shall pa}' in the same
to the province treasury, and shall be allowed two and an half per cent
for doing the same.

Prov icled, neverlTieless,

[Sect. 7.] It shall and may be lawful, anything in this act con- Proviso,
tained to the contrary notwithstanding, for all and every person or
persons that shall import any of the before-enumerated articles, or
that at the time of the publication of this act may be possessed of any
of the same, to sell or export the same out of this province, or sell and
dispose of the same within this province, to such as are licensed to
sell and retail the same, and to no other person [s] whomsoever, with-
out being subject to the penalty by this act imposed on those that shall
transgress the same.

And he it further enacted,

[Sect. 8.] That the justices in the several counties be and hereby General ses-
are impow[e]red, at their several sessions during the continuance of licenses.^*^^"*
this act, to grant licen[s][c]es for the selling and retailing any of the
afores[o/]d articles to all such fit and proper persons as shall apply to
them for the same; and all persons desiring licen[s][c]es are hereby
directed to apply to the justices in sessions for said licen[s][c]e
accordingly ; and the person receiving such licen[s][c]e shall pay no
other or greater fee than four shillings in the whole (two shillings to Fee for license.
the court, and two shillings to the clerk), for his or her licen[s][c]e and
bond aforesaid.

And he it further enacted,

[Sect. 9,] That every person residing within this province, except- Duty to be paid
ing the governour-in-chief, tlie lieutenant-governour, the set [t] led min- chariote!(fhaises,
isters, and president of Harvard College, for the time being, that are or ''j^'^j^^'^*' ^^^
shall be the owners of any coach, chariot, chaise, calash, or chair, shall
certify the same to the collector of excise in the county in which they
reside, on or before the first day of Jul}-, annually, and pay the sums
herein respectively set on said coaches, chariots, chaises, calashes and
chairs, by the first of September ; viz^^'^., for every coach, ten shil-
ling ; for every chariot, five shillings ; for every chaise, three shillings ;
for every calash, two shillings ; for every chair, two shillings ; upon
pain of forfeiting the sum of twenty shillings for such coach, chariot,
chaise, calash or chair, which shall not be certified, and for which the
duty shall not be paid as afores[ai]d, to be recovered by the said col-

498

Province Laws. — 1749-50.

[Chap. 22.]

Duty to be re-
covered by the
collectors.

Proviso.

Limitation.

lectors, who are irapow[e]red and required to demand and sue for said
excise, and for all such forfeitures as may ai-ise by the neglect of any
person or persons as aforesaid. And the said collectors are hereby
further required to pay into the province treasury, all such sum or
sums as they shall so receive, on or before the first da}^ of October,
a'nnuall}', during the continuance of this act ; and shall be allowed five
per cent for all money so received by them and paid into the province
treasury as aforesaid.

Provided, nevertheless,

[Sect. 10.] That if any such coach, chariot, chaise, calash, or
chair shall not, at any time in either of the j^ears during the continu-
ance of this act, be actually used or improved, the same shall be
exempted from the tax hereby laid thereon, for such year in which the
same shall not be used or improved as aforesaid.

[Sect. 11.] This act to continue and be in force until[l] the first
day of August, which shall be in tbe 3'ear of our Lord one thousand
seven hundi'ed and fifty-three, and no longer. '[Passed April 20 ;
published April 21, 1750.

CHAPTER 22.

AN ACT AGAINST DIMINISHING [AND] [OR] COUNTERFEITING MONEY.

Punishment for
countorfeiting,
clipping, or di-
miiiisliing any
coin, &c.
1700-1701, chap.
]7.
1702-3, chap. 2.

Or uttering such
coin.

Proviso.

runisbment on
a second convic-
tion.

Saving.

Be it enacted by tlie Lieutenant- Governour, Council and House of
Re^vesent \jiti'] ves,

[Sect. 1.] That if any person or persons, after the publication of
this act, shall forge or counterfeit money or coin, the currency of which
is established or regulated by the laws of this province, or shall forge
or counterfeit any money or coin that is or shall be current in this
province, or shall for gain, wash, clip, round, file, impair, falsify, scale,
lighten, or diminish any or either of the monies or coins aforesaid, or
that shall utter any such false, forged, counterfeit, washed, clipped,
rounded, filed, impaired, scaled, lightned, or diminished money or
coin, knowing the same to be false, forged, counterfeited, washed,
clipped, rounded, filed, impaired, scaled, lightned, or diminished, and
be thereof convicted at the superiour court of judicature, court of assize
and general goal deliver}-, every such person shall be fined at the discre-
tion of the said court, and also be set in the pillory for the space of one
hour, and then have one of his, her or their ears cut off, and from thence
shall be drawn to the gallows and set thereon with a rope about his or
their necks for the space of an hour, and shall then be publickly
whipped not exceeding twent}' stripes, and shall then be committed to
the house of correction (but not receive the usual punishment at his,
her or their first entrance) , and be kept to hard labour for the space of
three years.

Provided, nevertheless, —

[Sect. 2.] That the justices of said court may and shall, at their
discretion, abate any part of the pains and penalties aforesaid, accord-
ing to the circumstance of the offence ; and upon a second conviction
of any or either of the offences aforesaid, such offender or offenders
shall be committed to the house of correction, and there kept to hard
labour for the space of twenty years.

Saving always, —

[Sect. 3.] That nothing in this act mentioned shall be construed
so as to prevent any goldsmith pr other person from melting into bull-

[4th Sess.] Peovince Laws. — 1749-50. 499

ion or working into plate any of the mon[i]e[2/]s aforesaid, except Ms
majesty's coins.

Provided, also, —

[Sect. 4.] That the making use of the copper halfpence and far- Proviso,
things, for the making or mending any vessel, shall not be construed a
breach of this act,

And be it further enacted.,

[Sect. 5.] That whoever shall inform of any of the foregoing Reward to the
offences, so as the offender or offenders may be convicted of the same, ^^^o'''^^*"-
such informer shall receive out of the treasury of this province the sum
of twent3'-five pounds.

And be it further enacted.,

[Sect. 6.] That whoever shall buy or receive any clippings, seal- Penalty for buy.
ings or filings of any of the aforesaid coins, knowing them to be clip- cofn']'&^.'"^^ °^
pings, scalings or filings of the same, shall be imprisoned for the space
of one 3'ear, and pay a fine of fifty pounds, one moiety whereof shall
be to his majesty for and towards the use of the government within
this province, and the other moiety to him or them that shall inform of
said offence, so as the offender or offenders may be convicted of the
same.

[Sect. 7.] This act to continue and be in force for the space of five Limitation,
years from and after the publication of it, and no longer. [^Passed
April 18 ; published April 21, 1750.

CHAPTER 23.

AN ACT IN ADDITION TO AND FOR RENDRING MORE EFFECTUAL AN
ACT FOR THE RESTRAINING THE TAKING EXCESSIVE USURY.

Whereas in and by an act made and pass'd in the'fifth j'ear of the Preamble,
reign of King William and Queen Mary, intitled "An Act for the re- i693, chap. i.
straining the taking excessive usurps" it is enacted, " That no person or
persons whatsoever, from and after the first day of August, in the year
of our Lord one thousand six hundred ninety-three, upon any contract
to be made after that time, shall take, directly or indirectly, for loan of
any mon[i]e[?/]s, wares, merchandize or other commodities whatsoever,
above the value of six pounds for the forbearance of one hundred
pounds for a year, and so after that rate for a greater or lesser sum,
or for a longer or shorter time " ; notwithstanding which, many persons
do presume to take and reserve much more for interest than the rate
aforesaid, — to the discouragement of industry', trade and commerce
in this province, — the discovery and detecting whereof is diflScult, and
the provision by the law. already made has prov[e]'d in many cases in-
effectual ; for preventing whereof for the future, —

Be it enacted by the Lieutenant-Governour^ Council and Souse of
Representatives,

[Sect. 1.] That when and so often as any person or persons are or Penalty for tak.
shall be sued on any bond, contract, mortgage or assurances whatso- 6"|per'centfor
ever, made after the tenth day of April, Anno Domini one thousand interest.
seven hundred and fift}', for the payment of any moneys, wares or mer-
chandize, or other commodities whatsoever, whereby or wherein any
sum is given, secured or taken for the forbearing or giving day of pay-
ment for a longer or shorter time, then and in such case, the creditor Prooftobemade
being alive, if the debtor or debtors shall come into court where the olth,— '^'^'^'°'^ '*
said cause is to be tried, and shall offer to make oath, and, if required

500

Province Laws.— 1749-50. [Chap. 24.]

— unless the
creditor will dis-
charge himself
upon Oiuh.

Proviso.

Limitation.

by the court, actually swear to the same, that there is taken, reserv[e]'cl
or secured by such bond, contract, mortgage or assurance, above the
rate of six pounds in the hundred for the forbearance of the same, —
whether it be money or other things, — for one year, and so after that
rate for any greater or lesser sum, or for a longer or shorter time ; or
that the creditor or creditors have received more than at the rate of six
pounds in the hundred for the loan of the money or other things sued for,
such' bond, contract, mortgage or assurance shall be utterly void, and
the debtor full}'' and absolutely discharged from the payment of any
moneys, goods or other things lent, exchanged, bargained, sold or agreed
for as aforesaid, unless the creditor or creditors will, bond fide, swear
that he, she or they have not, directly or indirectl}', wittingly taken or
received more than after the rate of six per cent for forbearance or
giving day of payment, and that by such bond, contract, mortgage or
assurance there is not reserv[e]'d, secuv[f>]'d or taken more than after
the rate of six per cent for forbearance or giving day of payment for
the goods, moneys or other things sued for or demanded ; any law,
usage or custom to the contrary notwithstanding.

Provided, —

[Sect. 2.] Nothing in this act shall extend to the letting of cattle,
or other usages of like nature in practice amongst farmers, or maritime
contracts amongst merchants ; as bottomry, insurance or course of ex-
change, as hath been heretofore accustomed.

[Sect. 3.] This act to continue and be in force for the space of five
years from the putjication thereof, and no longer. \_Passed April 11 ;
published April 21, 1750.

CHAPTER 24.

AN ACT FOR PREVENTING STAGE-PLAYS AND OTHER THEATRICAL
ENTERTAINMENTS.

Preamble.

Penalty for let-
ting any house
for stage-plays,
&c.

Penalty to act-
ors and specta-
tors.

For preventing and avoiding the many and great mischiefs which
arise from publick stage-plays, interludes and other theatrical enter-
tainments, which not only occasion great and unnecessary expences, and
discourage industry and frugality, but likewise tend generally to in-
crease immorality, impiety and a contempt of religion, —

Be it enacted by the Lieutenant-Governour, Council and House of Rep-
resentatives,

[Sect. 1.] That from and after the publication of this act, no per-
son or persons, whosoever, shall or may, for his or their gain or for any
price or valuable consideration, let[t] or suffer to be used and improv [ej'd
any house, room or place whatsoever, for acting or carrying on any
stage-pla3's, interludes or other theatrical entertainments, on pain of
forfeiting and paying, for each and every day or time such house, room
or place shall be let[t], used or improved contrary to this act, twenty
pounds.

And he it further enacted,

[Sect. 2.] That if at any time or times whatsoever, from and after
the publication of this act, any person or persons shall be present, as
an actor in, or spectator of, any stage-play, interlude or theatrical enter-
tainment, in any house, room or place where a greater number of per-
sons than twenty shall be assembled together, every such person shall
forfeit and pay, for every time he or they shall be 'jresent as aforesaid,
five pounds.

[4th Sess.] Peovince Laws. — 1749-50. 501

[Sect. 3.] The forfeitures and penalties aforesaid to be one half to Disposal and
his majesty for the use of the government, the other half to him or "ve^fng'^fhe''"
them that shall inform and sue for the same. And the aforesaid forfeit- penaiue^s.
ures and penalties may likewise be recovered by presentment of the
grand jury ; in which case the whole of the forfeiture shall be to his
majesty for the use of this government.

[Sect. 4.] This act to be in force and contimie five years from the Limitation,
publication hereof, and no longer. [^Passed April 11 ; published Ajrril
21, 1750.

CHAP.TEK 25.

AN ACT IN ADDITION TO THE ACT, INTIT[U]LED "AN ACT TO PREVENT
DAMAGE 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."

Wheeeas Samuel Smith, Esq'^''^, for himself and the proprietors of Preamble.
the islands and beach lying westerly of Billingsgate Bay, and south of 1742.43, chap. n.
Griffin's Island, have represented to this court, that the good end pro-
posed b}' the act made in the sixteenth year of his present majesty's
reign, intit[u] led "An Act to prevent damage being done unto Bil-
lingsgate Bay, in the town of Eastham, by cattle and horse-kind, and
sheep, feeding on the beach and islands adjoining thereto," will be wholly
frustrated, unless farther provision be made for that purpose, and there-
fore have proposed, at their own cost, to build a fence across the north
part of the great island, and so into the sea, as also a house on said
island, and set[i]le and continue a family therein to secure the same,.
in case they may be allowed the privilege of feeding a number of cattle
thereon at certain seasons of the year, —

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

[Sect. 1.] That for and during the term of seven years, accounting Proprietors of
from the first of March, one thousand seven hundred and fort^'-nine, it ieacifami m.
shall and may be lawful for the said Samuel Smith, and the proprietors 2"'\* allowed to
aforesaid, and their heirs, executors and administrators, to feed, on the of cattle thereon.
beach and islands aforesaid, five cattle, from the first of March to the
first of May, and twenty-five head of cattle, from the first of October
until [1] the last of November, annually ; and one cow, for the use of the
family that may be setled on said island, for and during the whole of
the term before mentioned, anything in the aforesaid act to the con-
trary notwithstanding, —

Provided^ —

[Sect. 2,] That he the said Samuel Smith, and the proprietors afore- Proviso,
said, their heirs, executors or administrators, shall and do make and
maintain a good and sufficient fence across the north part of the said
island, and into the sea ; also build a house on said island, and set[^]le
and keep a family therein during the term aforesaid. \_Passed April
17 ; published April 21, 1750.

502

Province Laws.— 1749-50. [Chap. 26.]

CHAPTER 26.

Preaml)le.

Penalty for
liorses and
sheep or swine
feeding on Ilar-
■wich beaches
and meadows.

How to he re-
covered and dis-
posed of.

Proviso.

Cattle found
feeding on said
meadows, &c.,
to he impound-
ed.

To he sold,
where the own-
er doth not ap-
pear.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE MEADOWS AND
BEACHES LYING IN AND ADJOINING ON THE NORTH SIDE OF THE
TOWN OF HARWICH, BETWEEN SKEKET-HARBOUR, ON THE EAST,
AND SETUCKET-HARBOUR, ON THE WEST.

Whereas many persons frequently drive numbers of neat cattle,
horses, sheep and swine, to feed upon the beaches, meadows and shores
adjo[y][i]ning to the north side of Harwich, lying between Skeket-
harbour, on the east, and Setucket-harbour, on the west, whereby the
ground is much broken and damnified and the sand blown on said
adjo[y][i]ning meadows and uplands, to the great damage not only of
sundry private persons in their property, but also to the inhabitants of
said town in general, —

Be it enacted by the Lieutena7it-Governoxir, Council and House of
Represent [citf\ves^

[Sect. 1.] That from and after the publication of this act, no person
or persons shall presume to turn an}' neat cattle, house-kind, sheep or
swine, to or upon any of the beaches, meadows or shores that l[y][i]e
on the north side of the town of Harwich, between Skeket-harbour, on
the east, and Setu[c]ket-harbour, on the west, at any time between the
first of April and the last of October yearly, during the continuance of
this act, on penalty of paying for each offence five shillings a head for
neat cattle, horses or mares of one year old or upwards, and one shil-
ling and sixpence a head for each sheep or swine, that shall be turned
or found on said beaches, meadows or shores, within the limits afore-
said ; which penalty shall be recovered by the selectmen or treasurer of
the said town of Harwich, or any other person that shall inform of and
sue for the same : the one half of said forfeiture to him or them that shall
inform of and sue for the same, the other half to be to and for the use of
the poor of said town : provided the said town of Harwich, in conjunction
with the town of Eastham, or proprietors of said beach or sedge ground,
keep up a two-rail fence during said time, on or near the place, as usual,
on the east side of great Skeket-harbour, beginning at the land of
Nathan [i] [a] el Freeman, Esq'^''^., thence extending north-westerly on
said flatts or sedge ground, near half a mile as usual.

And he it further enacted^

[Sect. 2.] That if any neat cattle, horse-kind, sheep or swine, shall,
at any time hereafter, be found feeding on the said beaches, meadows
or shores that ][y][t]6 between said Skeket-harbour and said Se-
tu[e]ket-harbour, in said Harwich, it shall and may be lawful for any
person to impound the same, immediately giving notice thereof to the
owners, if known, otherwise to give publick notice thereof by posting the
same up in some publick place in said town, and the two next adjoining
towns; and the impounder shall rel[ei][«e]ve the said creatures with
suitable meat and water while impounded ; and if the owner thereof
appear to redeem his impounded creatures, he shall pay one shilling
and sixpence to the impounder, for each neat beast and horse-kind, and
sixpence for each sheep and swine, and the reasonable costs of re-
l[ei][^e]ving, besides the pound-keeper's fees as by law appointed for
such creatures. And if no owner appear within the space of six daj's
to redeem the said cattle, horse-kind, sheep or swine so impounded, and
to pay the cost[s] and damage occasioned hy impounding the same,
then and in every such case the person impounding such cattle or
horse-kind, sheep or swine, shall cause the same to be sold at publick
vendue, and pay the cost[s] and charges arising about the same (pub-

[4th Sess.] Province Laws.— 1749-50. 503

lick notice of the time and place of such sale, to be given in the said
town of Harwich and in the towns of Easthara and Yarmouth, forty-
eight hours beforehand), and the overphis, if any there be, arising b}^ Disposal of the
such sale, to be returned to the owner of such cattle or horse-kind, sheep p''°'^"'=^-
or swine, at any time within twelve months next after, upon his de-
manding 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 such cattle, horse-kind, sheep or swine, and the other half to the
use of the poor of said town of HiU'wich.

And he it further enacted,

[Sect. 3.] That the said town of Harwich, at a meeting of said Persons to be
town called for that purpose, or at their meeting in March, annuall}^ for the'o'bserv'ance''
the choice of town officers, be authorized and impow[e]red to chuse one oftwsact.
or more meet person or persons whose duty it shall be to see to the due
observance of this act, and to prosecute the breakers thereof, and 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 pa}' ten
shillings for the use of the poor of said town of Harwich ; and upon such
refusal, said town, from time to time, to proceed to a new choice of such
officer or officers, until [1] one or more person or persons will serve
thei'ein.

Provided, —

[Sect. 4.] That nothing in this act shall be construed to prevent Proviso.
the owner or owners of said beach or meadows, or any improving under
them, from turning on their horses tliey ride, or cattle the}' improve in
their teams, to feed on said beach or meadows while they are cutting or
carting tlicir hay off said beach or meadows adjo[y][/]ning.

[Sect. 5.] This act to continue and be in force for the space of five Limitation,
years from the publication thereof, and no longer. \_Passed April 18 ;
publisJied April 21, 1750.

CHAPTEK 27.

AN ACT IN ADDITION TO THE ACT, INTIT[U]LED "AN ACT TO ENCOUR-
AGE THE INCREASE OF SHEEP AND GOATS."

Whereas in and by an act made in the fourteenth year of his present Preamble,
majesty's reign, intit[u]led "An Act to [i][e]ncourage the increase of i7io.4i, chap. 2.3.
sheep and goats," it is enacted, " That from and after the publication
of the said act, no rams or he-goats shall be suffered to go at large, or
be out of the inclosure of the owner thereof, from the tenth day of
August 'till after the fifteenth day of November, annually, under the
penalty of fifteen shillings " ; which has been found inconvenient in
some towns in this province, inasmuch as, by a strict adherence to the
said act, the lambs and kids will annually come too late for prof [f Jit ;
wherefore, —

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

That it shall be in the power of any town, at a town meeting for that Towns may give
purpose appointed, by a vote, to give liberty for rams or he-goats to go and goafs tVgo''
at large, within the bounds of such town, at any other times than tliose at large, &c.
limited in said act, or to restrain them, as the several towns at such
meeting shall think proper ; and in such case it shall be lawful for any
and every person or persons to suffer his or their rams and he-goats to go
at large, anything in the before-recited act to the contrary notwith-
standing. i_Fassed April 12 ; published April 21, 1750.

504 Peovince Laws. — 1749-50. [Notes.]

Notes. — There were but four sessions of the General Court this year.

The enjji'ossments of all the acts of this j'car are preserved, and all were printed with
the sessions-acts, except chapter 4, which, being an impost-act, was separately printed and
distributed.

By command of Lieutenant-Governor Phips, all the acts of the year were duly certified
for transmission to the Privy Council, May 28, 17o0 ; and on the 27th of September, follow-
ing, they were delivered to the clerk of the Privy Council, in waiting, by the Agent of the
Province. On tlie 4tli of October they were referred to a Committee of the Council, which,
in turn, referred them to the Lords Commissioners for Trade, etc., November 15, 1750.

On the 29th of November, the Board for Trade ordered them to be sent to Mr. Lamb, for
his opinion, etc., and Mr. Lamb's report is dated January 3, 17-52.

The report of the Board of Trade was prepared and ordered to be transcribed, May 26,
1752, and on the 4th of June was signed.

In this report, chapters 1, 4, and 17 are declared to have been " for a temporaiy service,
and are either expired, or the purposes for which thev were granted have 1)cen completed."
Chapters 2, 3, 5, 6, 7, 9, 10, 11, 12, 13, 14, 1-5, 19, 20, 22, 23, 21, 25, 23, and 27 are declared
to " appear to have been enacted for the particular convenience and benefit of the Prov-
ince and as Mr. Lamb" — the report continiics — " has no objection to any of them in point
of Law, We see no reason why His Majesty may not be graciously pleased to confirm
them "; and on chapters 8, 18, and 19, which the report describes as containing "certain
Regulations for the more effectual carrying into execution & supplying some defects in the
Provisions of" the act of 1748-49, chapter 15, "confirmed by His Majesty," the following
representation is made : " and as the last of them is not contrary but as near as may be
agreeable to the Act of the 6'i' of Queen Anne for ascertaining the Rates of Foreign Coins
in the Plantationt in America. We beg leave to lay the said Acts before your Lordships as
proper to be confirmed." Chapter 16 is represented as reviving an act (1742-43, chap. 34)
which did not appear to the Board to have been laid before the King in Council ; but the
report recommends that this chapter be confirmed, nevertheless, " as it appears " * * *
" from the annex'd copies of the said Acts, transmitted to us by the Secretary of the said
Province that they were enacted only for their private convenience." The report concludes
with special comments on chapter 21, and recommends that it be disallowed. These com-
ments arc given in full in the note to that chapter, post.

Two orders in council were passed June 30, 1752; one of them expressly confirming and
ratifying chapters 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 22, 23, 24, 25, 26, and
27, and "the other disallowing chapter 21. The latter is given in full in the note to the
chapter last named, post.

Chap. 1. "June 24. 1749. The Secretary has laid before me your Engross'd Bill for
granting me the Sum of Twenty two hundred Pounds for my Support.

I think (Gentlemen of the House of Represent"'^) I might have expected a larger Grant
from You; But as I understand the Reason of your not granting me the same nominal
Sum you did last Year, was the melancholy Prospect now Ijcfore you, of having the Fruits
of the Earth cut off l\v a threatning Drought; tho 1 believe I shall have a double Share of
the Distress which may arise to the Province on that Account ; yet as I hope my Accept-
ance of the Sum now granted mo for the before mentioned Reason, will be regarded by
You as a proof that I am not desirous to decline bearing my part in any publick Calamity
of the People within my Governm', I readily accept it." — Governor Shirley's Message to the
Assembly : Council Records, vol. XIX., p. 28.

Chap. 2. " Jany. 20. 1746. A Petition of the President & Fellows of Harward Colledge
in Cambridge, Shewing how much the Revenue of the said Colledge (upon which the Sup-
port of their Officers does depend) is deminish'd by the low Plates of the Ferriage over
Charles River; which Ferry is the Estate of the said Colledge, & therefore Praying that
the said Ferriage may be set at the Rates they were at, when first established by the Gen-
eral Court. In the House of Represent^ '^^* Read & Ordered that Major Applcton, M'" Hall,
M"- Russell, Cap' Read, M' Foster, D-' Pynchon, & Coll. Choat, with such as the Hon'^'e
Board shall appoint be a Committee to take this Petition under Consideration & report
•what they judge proper for this Court to do thereon. In Council Read & Concur'd &
Jacob Wendeir"— /6/rf., vol. XVIII.,p. 53.

"February 13. 1746. Jacob Wendell Esq'' from the Committee appointed to consider
the Petition of the President and Fellows of Harvard College gave in their Report. In
Council Read & Ordered that the Consideration of this Report be Refer'd to the next Sit-
ting of the Court, & that the Committee in the mean time, consider of some proper method
forregulating the said Ferry & make report at the said Sitting. In the House of Repre-
sent™* Read & Concurr'd. "Consented to by the Governor." — Ibid., p. 73.

" June 2. 1747. In the House of Represent^"* Ordered that Major Lawrence & Capt
Wilder be added to the Committee of both Houses, upon the petition of the President &
Fellows of Harvard College, respecting the Regulation of the Ferry over Charles River in
the room of Joseph Pynchon & Daniel Appleton Esq''* who are not of the House this
present year, the Committee to sit forthwith, & report as soon as may be. In Council, Read
& Concur'd."— /6«rf., p- 139.

Chap. 7. "March 21. 1746. The Secretary laid befoi'e the Court an Anonimous Letter
directed to the Governor & Council containing Scandalous Reflections upon the conduct of
the Government, particularly respecting the billeting of the Soldiers.

In the House of Represent^'''* Voted that Mr. Welles, Coll. Choate & Mr. Goldsbury,
with such as the Hon'j'« Board shall join, be a Committee to take said letter under con-
sideration & report as soon as may be what they judge proper to do thereon. In Council
Read & Concurr'd & Joseph Dwight & James Minot Esq" are added in the said affiiir."—
Ibid., p. 96.

[Notes.] Province Laws. — 1749-50. 505

" April 21, 1749. His Excellency sent the following Message to both Houses by the
Secretary.

Gentlemen of the Council & House of Representatives,

One of the Members of his Majesty's Council has laid before me a villanous Paper im-
porting a wicked Conispiracy for robbing him of part of his Estate, by extorting a Sum of
Money from him, & thrcatriing him with the burning of his House Warehouses and Ves-
sells & the murthering of his Person in Case of his refusal to comply with their Demands.

Gentlemen. This being tlic first Instance of this Kind of execrable Villany attempted in
this Province, it highly imports this Legislature to make Provision for Preventing & pun-
ishing the same Attenipts for the future ; Wherefore I desire you would immediately take
the matter into Consideration & do what von judge Necessary before you Rise.

In the House of Representees Read together with the Paper referred to, and Ordered that
Mr Speaker Colo Heath, Colo. Otis, Col'^ Dwight, & Col" Buckminster with such ds the
. Hon'^'" Board sball join be a Committee to consider this Message & Paper refeiTcd to &
report what they judge proper for this Cou»-t to do thereon : the Committee to sit forth-
with.

In Council Read & Concured, And Samuel Welles, Sam" Danforth, Andrew Oliver, and
John Otis Esq.''' are joined in the affair." — Ibid., p. 467.

" April 22'i 1749. Samuel Welles Esq"^ from the Committee on his Excellency's Mes-
sage referring to the threatning Letter sent to one of his Majesty's Council, gave in the
following Report, The Committee appointed to Consider of his Excellency's Message of
this Day arc of Opinion, that all possible means should be used to detect & punish the
horrid Crimes his Excellency referrs to & to prevent such heinous & detestable Practices
for the future ; And therefore they humbly Apprehend it to be proper for the two Houses
to desire &: advise his Excellencv to issue a Proclamation promissing a Reward of two hun-
dred Pounds, Bills of the last'Emission to any Person or Persons who shall inform or
discover one or more concerned in this Wicked Conspiracy so that he or they may be Con-
victed ; And if the Informer shall have been an Accomplice or engaged in said Crime, he
shall be forgiven : And to the End the greater Ilorrour & Detestation may be raised in
the minds of his Majestys good Subjects with respect to this Atrocious & execrable De-
sign; The Committee humbly report as their Opinion, that the two Houses desire his
Excellency to insert in the Proclamation, the Sum & substance of the Anonymous Letter
refered to in the Message & some of the impious, insolent, inhuman Message verbatim ;
that thereby all his Majesty's good Subjects may see how reasonble & necessary it is that
they join Universally in their Endeavours to bring forward to Exemplary Punishment the
profligate & abandon'd Wretches concerned in this Wicked & impudent Combination.
The Committee would propose that some Gentlemen of each House be appointed to pre-
pare the Draught, of a Bill for the more easy & effectual preventing or detecting such
Abominable & dangerous Crimes hereafter to be laid before this Court at the beggining of
their Session in May next.

April 21. 1749. by Order of the Committee Sam" Welles. In the House of Representees
Read & Accepted &'Mr. Speaker, Mr Hubl)ard, with such as the Honblc Board shall join
are a Committee to prepare the Draught of a Bill accordingly. In Council Read &
Concured.

Consented to by the Govemour " — Ibid., p. 470.

" June 1^' 1749. Gentlem'en I must inform you of a new & flagrant Instance of the
same kind of audacious Villany, which was begun to be practiced a little before the Dis-
solution of the last Court in an Anonymous Letter being sent to me by one or more of
the abandon'd Offenders concerned in this Criminal Practice, to demand my laying, a Sum
of Money for them in a secret Place, & in Case of my Refusal.— threatning to burn the
Province" House & my own House in the Country, & in their Letter treating the Proclama-
tion I issued at the Desire of both Houses for Apprehending the Persons concerned in these
Attempts with the utmost Indignity. The Letter I shall order to be laid before you & de-
sire you will without Delay prepare a Bill for suppressing this Kind of Wickedness &
punishing the Authors as they justly deserve. * * * *

I must earnestly recommend to you to proceed in the Affairs that may ly before yon
with the greatest Harmony & Unanimity which will prove one of the most effectual
methods to dispirit those lawless Villains that arc Enemies to all Govcrnm' & therefore
would rejoice in every thing they may apprehend will tend to weaken the hands of it, for
ordaining & inflictmg on them a just Punish[ment] for their crimes" — Ibid., vol. XIX.,
pp. 5 and 6.

" August 3 1749. Gentlemen of the Council & House of Representees I now lay before
you a new Instance (which I have had. the Infonnation of from New Hampshire) of the
same kind of Villany that was twice lately practiced in this Province for extorting money
by threatning Gentlemen of Substance with the Destruction of their Estates & Persons in
Case of Refusal to comply with the Demands of these Miscreants.

I am sorry that this Court has not yetpass'd any Act for the preventing & punishing this
pernicious Practice, tho I recommended it to the last Court in their last Session. I must
therefore desire that there may be no further Delay to provide for the Sn fety of his Majesty's
Subjects of this Province & their Interests in this Case, & for the Punishment of such
Offenders."— /6/rf., p. 43.

" Augst 4<h 1749. In the House of Repres.^es. This House having taken into Consider-
ation his Excellency's Message of Yesterday relating to the Atrocious Crimes that Some
Villains, as yet unknown, have been guilty of, for extorting Money, by threatning Gentle-
men of Substance, with the Destruction o'f their Estates & Persons, in case of Refusal to
comply with the Demands of these Miscreants. Voted that James Otis, Israel Williams
& Janics Allen Esq" with such as the hon'''" Board shall Join be a Committee to prepare,
& bring in a Bill for preventing & punishmg such pernicious Practices for the future. In
Council, Read & Concur'd ; and Andrew Oliver & Joseph Pynchon Esq-^^ are Joined m the
ASAir."— Ibid.

506 Province Lhws. — 1749-50. [Notes.]

Chap. 8. " March 31. 1750. In the House of Represent™^ It appearing to this House
that in the exchangcing our present Currcncj', it will give great dis^patch, as well as tend
mueli to the ease of the Subjeets, if six persons be appointed a Connnittce (three of wliom
to be a Quorum) to assist in s'l Affair, 'i Iicrcfore Voted that James Allen Esq'' Andrew
Boardman Esq'' M"" James Kusseil & Thomas Foster Esq'' with such wlioni the Honb'"
Board shall join, be a Committee (who shall be under oath for the faithfull discharge of
their Trust & accountable to this Court, & for which Service they shall each receive five
shillings a day) in order to receive from the Possessors of the bills of this Province, exchi-
sive of the inhabitants of Connecticut Rhode Island & New Hampshire, what bills maj' be
brought to exchange, agreable to the Act for drawing in the bills of credit, made in the
22<i year of his Majesty's Reign ; which Committee shall attend each day in the week
except Lord's days & Saturdays from nine to one, & from three to seven a clock of each
day, until the further Order of this Court; and for each sunr or sums in such bills they
may so receive (after they have lieen counted & told by two persons at least of said
Committee) they are impowered & directed to.give Orders on the Treasurer, to the persons
of whom they may receive such bills, & also to keep a list of such Orders, which list shall
be transmitted ))y them to the Treasurer, under their hands or the hands of the Major part
of them, from time to time, as they may give said Orders; & shall from day to day con-
sume to Ashes what bills they may so receive, keeping an Accompt of what sums may be
so consumed; and if among the bills which shall be offered in Exchange, there appear to
be any that are Counterfeit, or suspected to be so, said Committee are to stop the same, &
take the names of the persons of whom they receive them for the further Examination &
Order of this Court ; And the Treasurer in exchanging the said money, agrcaljle to the
afores<i Act, is hereby impowered & directed to pay three pence of the Copper halfpence &
farthings that are now in the Treasury, in every twenty shillings he shall so exchange, &
so in proportion for a greater sum ; & shall also in each Exchange, deliver Pdlar'd money
& milled money, according to the respective proportion & value of the same that may be
in the Treasury, & shall be at liberty to pay unto any person (that may desire the same)
three pence in every twenty shillings that may be exchanged in the bills that are proposed
to be emitted for the convenience of small change, & so in proportion for a greater sum;
And the Treasurer is further impowerd & directed to appoint a sufficient numljcr of per-
sons to assist him in exchanging the aforesaid Silver & Copper (for whose Conduct he
shall be accountable in such exchange) And they together with the Treasurer shall attend
said business at the same times at which the before mentioned Committee are obliged to
attend. And it is further Ordered that the Committee chosen as aforesaid be impowered
& dii'ected to receive of the Inhabitants of this Governm' any sum or sums of the bills of
Connecticut, Rhode Island or New Hampshire & give Receipts & make fair Entries of the
same, & from whom received; they making oath licfore the s'' Committee, or a Justice of
the peace or Town Clerk (where no Justice dwells) that the bills by them tendered, are
• their own property, & that they were actually possessed of the same before the first day of

April 1750, and said Committee are also dii'ected & impowered to examine all persons
bringing any sums of the bills of this Province to exchange for Silver, whether the same be '
their own property, or the property of their Neighbours Inhabitants of this Province, &
whether they have, & whether they have not received such bills for Silver sold directly or
indirectly to any Inhabitant, or Resident in the afoi'esaid Governments of Connecticut
Rhode Island or New Hampshire since the 30''' of March 1750, & to administer on Oath to
such persons as they shall judge proper, to answer to all such questions, as shall be asked
them respecting the said bills; and upon refusal to swear they shall not have their bills
exchanged ; And upon the said Committees discovering the said bills so tendered, to be the
pi'operty of the Inhabitants of any of the aforesaid Governments, that in such case, the
bills of the respective Governm** in the hands of said Committee shall be given in exchange
for the bills of this Province; and said bills or Silver shall be given to the persons who
have lodged the Bills of the aforesaid Governments in the hands of said Committee, in
proportion to the sum or sums so lodged, at the end of every two months; And in case
there be not a sufficiency to redeem all the bills of the other Governments in the hands of
said Committee, the Coinmittee to deliver the said bills to the Owners of the same when
they please to call for them In Council ; Read & Concur'd and Samuel Watt, John
Quincy & Ezekiel Cheever Esqr^ are joined in the affair. Consented to by the Lieut :
Governor." — Ibid., p. 157.

" March 31. 1750. In Council; In order to disperse the Silver now in the Treasury in
the speediest & most general manner amongst the Inhabitants of the Province Voted that
upon Monday & Tuesday the second & third of April next the Treasurer be directed to
pay no higher or greater sum than fifty dollars or the value thereof to any one person &
that in every payincnt he deliver three pence in copper half pence or farthings for each
twenty shillings of such payment, or such greater proportion of Copper as the person ex-
■ changing shall desire, and that he deliver a proportion of hammer'd money to the milled
according to the quantity of each now in the Treasury & such proportion of the bills
ordered to be Emitted as any person shall desire. In the House of Representees Read &
Non Concur'd " — Ibid.

Chap, 17. " January 4. 1749. The House of Representee's having sent a Message to
enquire whether the Board had preceded on the Bill for supplying the Treasury and being
answered that it was Nonconcurr'd, desired that it might be sent down and it was sent
down accordingly : And then A Message was brought up from the House of Reprcscnt^'^s
by Joseph Buckminster Esq'' and others, with the Supply Bill, & for moving th; I'.oard to
reconsider then* Vote of Nonconcurrence thrreon And the Board accordingly appointed to
consider the said Message tomorrow at eleven o'clock in the forenoon." — Ibid., p. llfi.

" January 5. 1749. The Board in compliance with the Message sent up from the House
yesterday. Voted to reconsider their Vote of Nonconcurrence on the Supply Bill, and after
"^ "further debate had on the said Bill, again Nonconcur'd the Vote for Engrossing the same,

and thereupon Voted to send down to the House the following Message viz,

[Notes.] Peovince Laws. — 1749-50. 507

The Board in compliance with the desire of the House, have voted a Reconsideration, of
the Vote of Nonconcurrcncc on. the Supply Bill, and after a further debate, on said Bill,
have a^^ain Nonconcnr'd the Vote of the Ilon'j'" House for En.2;rossinrt the same. But
inasmuch as the Board differ from the House, on that part of the 13111 only, which respects
the issucing any part of the Silver in the Treasury before the time appointed by I^aw for
issuing thewholc ; and being desirous of preserving that Harmony which has always sub-
sisted between the two Houses do therefore propose a free Conference on the Subject
aforesaid by Committees, if the Hon'^'« House think i)roper or otherwise between the two
Houses

A Message was thereupon brought up from the House by Cpt John Tyng, that they
agree to the above proposal of a Conference between both Houses on the Supply Bill &
niove that it may be had this Afternoon — Voted that Jacob Wendell, Benjamin Lynde,
John Quincy, Andrew Oliver & Thomas Hutchinson Esq" be Managers for the Board at

said Conference The House of Represent™* coming up to the Council Chamber, the two

Houses attended the said Conference ; and one of the Managers for the Board opening the
Subject matter thereof, the Managers for the House disagreed to it ; and after some debate
thereon, M^' Speaker & the House return'd to their Chamber." — Ibid., p. 117.

" Januarv 18. 1749. The following Message was sent down to the House of Representees
by Josiah Willard Esq'' & others viz, The Board observe with some concern the great
Earnestness with which the Hon'''e House have urged a Concurrence on the Bill for Sup-
ply of the Treasury; And alth6 it appears unusual & Unparliamentary thus repeatedly to
send up the same Bill in the same Session, yet the Board to prevent as much as may be all
Misunderstanding between the two Houses, have a.gain taken the Bill into consideration,
but have Voted a Non Concurrence thereon : The Board would by no means retard any
Supply of the Treasury that may lie Salutary for the Pi-ovince ; And had not the Bill re-
quired th3 Treasurer to issue the Silver before the thirt.v first of March next, no Exception
had been taken to any other parts thereof" — Ibid., p. 131.

" January 20. 1749. An Engross'd Bill entitled An Act for supplying the Treasury with
the sum of eighteen thousand four hundred pounds lawfull money for discharging the pub-
lick debts &c Having been read three several times in the House of Represent^*^'* and in
Council Pass'd to be Enacted by both Houses." — Ibid., p. 133.

"January 22. 1749. His Honor the Lieut. Governor sign'd the En.grost Bill for Sup-
plying the Treasury with the sum of eighteen thousand four hundred pounds &c." — Ibid.,
p. 134.

Chap. 19. " Novem'- 23<i 1749. And as I can make no doubt but that the Act of this
Province for drawing in Our Bills (upon the Faith of which we seem to be distinguished
from the other Colonies of New England, respecting the timely Payment of Our Charges in
the late Expedition) will be kept inviolate ; So I would recommend to you to make such
other Provision, as the Exigency of the Case may require, for rendring that Act more
effectual for the good Ends designed thereby, especially for preventing the Silver Money
going out of the Province, & for encouraging the Growth & Produce of this Province, so as
to render us less dependent on the other Colonics for the Necessaries of Life." — Extract
from the Speech of Lieutenant-Governor Phips : Ibid., p. 67.

'f January 6. 1749. In Council, Voted that Samuel Danforth, Andrew Oliver & Thomas
Hutchinson Esq" with such as the Hon'''" House shall join be a Committee to prepare a
Bill, for restraining the Currency of English halfpence & farthings ; and also of all coined
Silver & Gold which may probably lie Currant after the thirty first of March next, at any
higher rate than in proportion to milled dollars at six shillings; & for dcterminin.g said
proportion, the said Committee are also to consider & report some method for providing
small money to serve for Change In the House of Representee-' Read & Concur'd, and
Peter Oliver Esq' Coll. Choat, M'' Hubbard, & Coll Appleton are joined in the Aflair."
—Ibid.,p:\\%.

" Januai-y 27. 1749. Samuel Danforth Esq"" from the Committee referring to the Copper
money & for providing Change &<= gave in the following Report.

The Committee appointed fo prepare a Bill for restraining the Currency of half pence &
farthings & coined Silver & Gold at any higher rate than in proportion to milled Dollars
at six shillings, & to consider some method for providing change, having attended the
service so far as the other business of the Court would admit, & "being apprehensive that
the latter part of their Commission is of most immediate necessity, with respect to that
humbly report, that a Committee be appointed by this Court ; & impowcred & dii-ected
forthwith to cause to be struck off & signed as soon as may be small bills of the Form &
Denominations following viz. One Quarter Dollar, eifihteen pence lawfull money of Massa-
chusetts Bay. A B. Committee And that there be likewise the several Denominations of
one eighth of a dollar or nine pence, one twelfth of a dollar or six pence, one sixteenth of
a dollar or four pence lialf penny, one twenty fourth of a dollar or threepence, one
seventy second of a dollar or one penny ; and that there be such a proportion of each
Denomination as the Committee think best; and that the whole sum amount to & do not
exceed three thousand pounds lawfull money; and that the same be delivered to the
Treasurer, and that he pay the same out of the Treasury in exchange for the bills of
credit now outstanding, or in discharge of any Warrants drawn on him, to such persons
as are willing to receive the same at par with lawfull money, and that he likewise pay out
the same in exchange for Milled Dollars to such persons as are desirous thereof. The
Committee further report, that in order efFectually to establish the value of said Bills, the
Treasurer be directed to reserve in his hand the sum of three thousand pounds in milled
dollars at six shillings p' dollar, to be & remain as a Fund & Security for the Bills afore-
said, & when soever any possessor of the said bills shall bring to the Treasurer any
suihs that shall be equal to one two or any other number of Dollars, he shall ))e obli.ccd
forthwith to exchange the said bills with dollars according to their Denomination. The
Committee ask leave to sit again, & prepare a Bill agreable to the first part of their Com-

508 Province Laws. — 1749-50. [Notes.]

mission; and report the same at the next Sitting of the Court; which is humbly sub-
mitted r

By order of the Committee Sam' Danforth In the House of Representatives. Read
and Accepted. In Council Read & Concur'd Consented to by the Lieut Governr "—
Ibid., p. 142.

" From an aversion to a silver currency, the body of the people changed in a few months
and took an aversion to paper, though it had silver as a fund to secure the value of it. A,
sufficient quantity of smalt silver for change could not be procured in England, when the
grant made by parliament was sent to America. The assembly, therefore, ordered a de-
posit to remain in the treasury, of three thousand pounds in dollars, and issued small
paper bills of different denominations, from one penny to eighteen pence; and every per-
son, possessed of them to the amount of one dollar or any larger sum, might exchange the
bills at the treasury for silver upon demand. The whole sum was prepared, but a small
part only was issued, and scarcely any person would receive them in payment, choosing
rather a base coin imported from Spain, called pistorines, at 20 per cent, more than the
intrinsic value." — Hutchinson's Hist. Mass., vol. 3, p. 9.

" March 29. 1750 A petition of Rogers & Fowle of Boston Printers, shewing that they
have procured & printed an exact Original Table, for stating the rate & proportion of the
bills of credit in lawfull Silver money, & in other Silver & Gold coin, praying for the sole
privilege of vending said Talile for one year In the House of Represent^"es Read & Com-
mitted to the Gentlemen appointed to consider the stating of the Currencies &c In Coun-
cil, Read & Non Concur'd." — Council Records, vol. XIX., p. 152.

" March 29. 1750. A petition of Samuel Knecland of Boston, printer, praying that the"
petition of Rogers & Fowle for the sole privilege of printing their money Table may not
be granted, or if the Court should think fit to grant it that the petitioner may have the
sole privilege of printing a Taljle which he has procured to be made called the Country-
man's Table &c In the House of Represent^o* Read & Ordered that this petition be com-
mitted to the Gentlemen appointed to consider the Stating of the Currencies and report
thereon In Council, Read & Non Concur'd. — Ibid., pp. 152 and 153.

" January 30 1751 In the House of Represent''^* ; Ordered that the Treasurer be directed
in paying the Silver out of the Treasury to pay the Halves & Quarter & Eighths & Six-
teenths of Dollars in Proportion to the Silver that is still left in the Treasury. In Coun-
cil; Read & Concur'd Consented to by the Lieu' Gov" — Ibid., p. 289.

" This taxes the rate of Money more fully than in the Act of the 22»'3 of his present
Majesty therein referred to or by the Act of the 6th of Queen Anne which must be sub-
mitted to Your Lordships." — Rejoort of Mr. Lamb, to the Board of Trade: " Mass. Bay,
B. T., vol. 73, G. g. 44," in Public Record Office.

Chap. 20. " This Act which relates to the reall Estates of Intestates is agreeable to the
Law at present subsisting in this and some other Provinces, tho' not to the Law of Eng-
land."— Ibid.

Chap. 21. " June 6 1749. In the House of Repres^'*-'. Ordered that M' Speaker ; Coll
Heath Col" Choate, M"- Hubbard, M-- Hall, Cpl Allen. Mr Frost Cap* Little & Capt White
with such as the Hon'^'" Board shall join be a committee to consider of some proper En-
coui-agemcnt for improving of the natural advantages of the Soil & Climate & better im-
proving the Fishery & employing the Inhabitants of this Province to the best Advantage,
& for having a proper Duty upon Commodities imported unnecessary to the Inhabitants
of the Province

In Council; Read and Concur'd; and Sir W™ Pepperell, Jeremiah Moulton Samuel
Watts John Quincj' John Chandler Ezckiel Chcever, Andrew Oliver Joseph Punchon &
Thomas Hutchinson Esqi's are joined in the afliiir " — Council Records, vol. XIX., p. 7.

" Novem' 24 1749. In Council ; Ordered that Joseph Wilder & James Minot Esq" be
upon the Committee of lioth Houses appointed to consider of some proper Encouragement
for Improving the natural Advantages of the Soil & Climate of this Province &« in the
room of Sir William Pepperell, who is gone to England, & Jeremiah Moulton Esqi'who
probably will not be here this Session, & that the said Committee meet as soon as may be,
& report thereon, —

In the House of Represent^'e^ ; Read & Concur'd " — Ibid., p. 69.

" Decemr 20. 1749. In the House of Representees Ordered that M^ Speaker, Col° Storer,
Capt. Pierson, Col" Willard, & M'' Hubbard, with such as the Hon^^e I3oard shall Join be
a Committee to consider & project what Duty will lie proper to be laid upon the unneces-
sary Commodities imported & consumed within this Province: — In Council; Read &
Concur'd, And Jacob Wendell, Samuel Watts John Chandler & Andrew Oliver Esq" are
Joined in the Ati;ur." — Ibid., p. 94.

" This Act lays a duty l)y way of excise upon severall Comodities therein mentioned
which seems to be intended to be laid upon and to be paid by the Retailer — As there is a
provisoe that all and every persons that shall import any of the Comodities may sell and
dispose of the same within this Province to such as arc licensed to sell & retail the same
and no other persoti without being subject to the penalty of this Act, But tho' the Importer
may sell the same to the Retailer, without being subject to the penalty, Yet as he is
restrained from selling to any other person And as this Restraint may be a pi'cjudice to
the Importer in this respect, as well as to the price of his goods that he sells to the Re-
tailer, who is afterwards to pay an excise upon them. And therefore lessens the value of
the goods imported, 1 must sul)mitt it to your Lordships if this excise will not affect the
trade of this Kingdom and fall within the meaning of the 16th Article of the Govcrnour's
Instructions." — Report of Mr. Lamb, to the Board of Trade : " Mass. Bay, B. T., vol. 73,
G. g. 44," in Public Record Office.

" With respect to the following Act ****** We must observe to Your Lordships
that M"" Lambe has reported to us [here follows the above report] By the 16"' Article of
His Majestys Instructions to His Governor of the Massachusetts Bay, referr'd to by Mr.

[Notes.] Peovince Laws. — 1749-50. 509

Lamb, the said Governor is required " not to pass or give his Assent to any Bill of nn-
" usual or extraordinary nature and inii)ortance \vhei'Cl)y His Majesty's Preroirative or
"the property of His sulyects may he prejudiced, or the trade or shipping of this King-
" dom any ways affected untill he shall have transmitted to His Majesty "the draught of
" such Bill or Bills and shall have received His Royal Pleasure thereupon unless he shall
" take care in the passing of any Bill of such nature as before mentioned that there be a
" Clause inserted therein suspending and deferring the execution thereof until His Majes-
" ty's pleasm-e shall lie known concerning the same" And it is also further expressly
declared " that no Duty shall he laid upon British Shipping or upon the Products or
" Manuftictures of Great Britain " And as this Law lays a Duty upon several Commodi- •
ties imported from this Kingdom whereby the Trade thereof will be manifestly prejudiced
and affected, contrary to the Tenor of the said Instruction, We submit to Your Lordships
whether this Act should not receive His Majesty's Disapproljation.

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

Dunk Halifax
I. Pitt.

Whitehall June 4»ii 1752. J. Geenville."

— Report of Lords of Trade : Ibid., vol. 84, p. 262.

" At the Council Chamber, Whitehall the 30«i day of June 1752

Present

Their Excellencys the Lords Justices in Council.

Whereas by Commission under the Great Seal of Great Britain, the Governor Council
and Assembly of the Province of Massachusets Bay in New England in America, are
authorized and empowered to constitute and ordain Laws which are to continue and be ia
force unless His Majesty's pleasure be signified to the contrary — And whereas in pur-
suance of tlie said Commission a Law was passed in the said Province in April 1750 En-
titulcd as follows : viz': —

"An Act for granting unto His Majesty an Excise upon sundry Articles hereafter
"enumerated for and towards the support of His Majesty's Government of this Province "

Which said Law having been under the consideration of the Lords Commissrs for Trade
and Plantations and also of a Comnnttee of the Lords of His Majesty's most Honourable
Privy Council, The said Lords of the Committee this day presented the said Law to their
Excellencj's at this Board with their Opinion, that the same out to be Repealed. Their
Excellencys the Lords Justices taking the same into consideration were pleased with the
advice of His Majesty's Privy Council, to declare their disallowance of the said Law. And
pursuant to their Excellency's Pleasure thereupon expressed the said Law is hereby re-
pealed, declared void and of none effect. Whereby 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 Sharpe." — Ibid., vol. 73, G. g. 46.

Chap. 24. "A tragedy* was perfoi-med at the Bi-itish coffee house in Boston by two
young Englishmen, assisted liy some comrades from the town. The novelty of the exhi-
bition attracted great numbers of people into King Street, where, in a pressure for admit-
tance, disturbances arose, which rendered the afiliir notorious. The legislature, at its
next session, for the preservation of the system of economy and purity, which had been
thus far transmitted from the forefathers, made a law, prohibiting theatrical entertain-
ments. The reasons, assigned in the preamble to the act, are : ' to prevent and avoid the
' many great mischiefs which arise from public stage plays, interludes, and other theatrical
'entertainments, which not only occasion great and unnecessary expences, and discourage
' industry and frugality, but likewise tend gi-eatly to increase impiety and a contempt for
* religion.' " — Holmes's Annals, vol. 2, p. 184.

* Otway's " Orphan, or Unhappy Marriage."

ACTS,

Passed 1750—51.

[511]

ACTS

Passed at the Session begun and held at Boston,
ON THE Thirtieth day of May, A. D. 1750.

CHAPTEK 1.

AN ACT FOR IMPOWERING THE PROVINCE TREASURER TO BORROW
THE SUM OF FIVE THOUSAND POUNDS, FOR APPLYI^•G THE SAME TO
DISCHARGE THE DEBTS OF THE PROVINCE AND DEFREY THE
CHARGES OF GOVERNMENT, AND FOR MAKING PROVISION FOR THE
REPAYMENT OF THE SUM SO BORROWED.

Be it enacted by the Lieutenant-Governour, Council and House of Rep-
resentatives,

[Sect. 1.] That the treasurer of tliis province be and hereb}- is Treasurer em-
impowered to borrow from such person or i)ersons as shall appear read_y ^ow £5'ooo'for'^'
to lend the same, a sum not exceeding five thousand pounds in Spanish the province,
mill'd dollars ; and the sum so borrowed shall be a stock in the treas-
ur}'', to be applyed for defrejnng the charges of this government ia
manner as in this act is after directed, and for every sum so borrowed,
the treasurer shall give a receipt of the form following; viz., —

Province of the Massachusetts Bay, day of 17 , received Form of his re-

from the sum of pounds, for the use and service of ^Q^Jy^ ^^^^

the Province of the Massachusetts Bay ; and in behalf of said Province, I do
hereby pi'oinise and oblige myself and u\j successors in the office of treasurer,
to rej^ay the said , his heirs or assigns, on or before the tenth

day of June, one thousand seven hundred and fifty-two, the aforesaid sum of
pounds, with interest for the same, at and after the rate of six
per cent per annum. Witness my hand, , Ti-easurer.

— and no receipt shall be given for an}^ sum less than fifty pounds ; and
the treasurer is hereby directed to use his discretion in borrowing said
sum at such times as that he may be enabled to comply with the draughts
that may be made on the treasury in pursuance of this act.

And he it further enacted,

[Sect. 2.] That the aforesaid sura of five thousand pounds shall be £1,750 appro-
issued out of the treasury in manner and for the purposes following ; and garrisons!'*
viz., the sum of seventeen hundred and fifty pounds, part of the afore-
said sum of five thousand pounds, shall be appl3"ed for the service of the
several forts and garrisons within this province, pursuant to such orders
and grants as are or shall be made by this court for those purposes ;
and the further sum of one thousand pounds, part of the aforesaid sum of £1,000 for com-
five thousand pounds, shall be api-)lyed for the purchasing provisions m'^sary's stores.
and the commissary's necessary disbursements for the service of the
several forts and garrisons within this province, pursuant to such grants

514 PiiOviNCE Laws.— 1750-51. [Chap. 1.]

as are or shall be made by this court for those purposes ; and the fur-
£600 for premi- t^er suui of SIX hundred pounds, part of the aforesaid sum of five thou-
sand pounds, shall be applyed for the payment of such premiums ofld
grants that now are, or hereafter may be made b^' this court ; and the
£000 for debts further sum of nine hundred pounds, part of the aforesaid sum of five
mj^estabilBh-'^ thousand pounds, shall be applyed for the discharging other debts owing
«ient. from this ^jvovince to persons 1 hat have served or shall serve them by oi"der

of this court, in such matters and things where there is no establish-
ment nor any certain sum assign'd for such sei'vice, and for paper, writ-
£600fortiie ing and printing for this court; and the sum of six hundred pounds,
members of the ^^.^^.^ ^^ ^j^^ aforcsaid sum of five thousand pounds, shall be applyed for
the payment of his majesty's council and house of representatives,
serving in the general court during the several sessions for this present
year.

And ivhereas there are sometimes contingent and unforeseen charges
that demand prompt paj^, —
Be it fn rtli er en acted^
£150 for contin. [Sect. 3-] That the sum of one hundred and fifty pounds, being
gen c diges. ^^^ remaining part of the aforesaid sum of five thousand pounds, be
appl3-ed to pa}- such contingent charges, and for no other purpose what-
ever.

And in order to enable the treasurer effectually to discharge the re-
ceipts and obligations by him given in pursuance of this act, —
Be it enacted,
Duty of impost [Sect. 4.] That the duty of impost and excise for the year one
a fund'for r™-' ° thousaud scvcn hundred and fifty-one, shall be applyed for the payment
P^y™^"* °^ ^^i<i and discharge of the principle and interest that shall be due on said
receipts and obligations, and to no other purpose whatever.

And as a further fund and security for drawing the said sum of five
thousand pounds into the treasur^^ again, —
Be it further enacted,
7"^,^*',^^'°°''' [Sect. 5.] That there be and hereby is granted mito his most excel-

for further seen- l _j „ ^ , -,•,■,■,•■,

rity, to be levied lent majcsty, a tax of five thousand pounds, to be levied on polls, and

m the year i7oi. gg^^tes 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 the general court of this

province at their session in May, one thousand seven hundred and

fifty-one, which sum shall be paid into the treasury- on or before the

tenth day of Fcbruaiy next after.

Be it further enacted,

Tax for the [Sect. 6.] That in case the general court shall not, at their session

money iKTcbv , '- -^ ~

emitted, to be in Ma}', and before the twentieth day of June, one thousand seven hun-
toYhVp^recedhfg ^^^'^'^ ^"^^^ fifty-onc, agree and conclude upon an act apportioning the
tax act, in case, sum wliich by this act is engaged shall be, in said year, apportioned,
assess'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 propor-
tion of the said sum as the said towns and districts shall have been
taxed by the general court in the tax act then last precceding : saving
what relates to the pay of the representatives, which shall be assess'd
on the several towns they represent ; 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-one, 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 directed and
engaged to be assess'd, and also for the fines upon the several towns

[1st Sess.] Province Laws. — 1750-51. 515

that have not sent a representative ; and the assessors, as also the
persons assessed, shall observe, be governed b}', and subject to all
such rules and directions as shall have been given in the last preceeding
tax act.

Provided always^ —

[Sect. 7.] That the remainder of the sura which shall be brought Remainder to
into the treasury by the duties of impost and excise for the year one asastocklnthe
thousand seven hundred and fift^'-one, and the tax of five thousand treasury,
pounds ordered by this act to be assess'd and levied, over and above
what shall be sufficient to discharge the receipts and obligations afore-
said, shall be and remain as a stock in the treasury, to be applyed as
the general court of this province shall hereafter order, and to no other
purpose whatsoever, anything in this act to the contrary notwithstanding.

And be it further enacted^

[Sect. 8.] That the treasurer is hereby directed and ordered to pay Money to be
the sura of five thousand pounds, borrowed as aforesaid, out of such propc"appro-^
appropriations as shall be directed' to by warrant, and no other, upon priations.
pain of refunding all such sura or suras as he shall otherwise pay ; and
the secretary to whora it belongs to keep the muster-rolls and accorapts
of charge, shall lay before the house of representatives, when they
direct, such muster-rolls and accorapts after payment thereof. \_Passed
Jane 2 1 ; published June 30.

CHAPTEK 2.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED POUNDS FOR
THE SUPPORT OF HIS HONOUR THE LIEUTENANT-GOVERNOUR AND
COMMANDER-IN-CHIEF.

Be it enacted by the Lieutenant-Governour, Council and House of
Re2')resentatives^

That the sum of three hundred pounds, be and hereby is granted Grant to the
unto his most excellent majesty, to be paid out of the publick treasury governor.
to his honour Spencer Phips, Esq"^'^., lieutenant-governour and com-
mander-in-chief in and over his ranjesty's province of the Massachusetts
Bay, for his past services, and further to enable him to manage the
publick affairs of the province. \_Passed June 29* ; published June 30.

CHAPTER 3.

AN ACT IN EXPLANATION OF AN ACT MADE AND PASSED IN THE
EIGHTEENTH YEAR OF HIS PRESENT MAJESTY'S REIGN, ENTITULED
" AN ACT FOR GRANTING TO HIS MAJESTY A DUTY OF TONNAGE ON
SHIPPING."

Whereas in and by an act made and pass'd in the eighteenth year of preamble,
his present majesty's reign, entitled "An Act for granting to his majesty 1744.45, chap. 22.
a duty of tonnage on shipping," the treasury of this province was sup-
plied with the sum of eight thousand pounds, in bills of credit, for
building and maintaining a ship of twenty guns ; and in consideration
of the advantage of such a ship to the trade of the province, certain

• From the record : the date given in the parchment is June 30.

516

Province Laws. — 1750-51.

[Chap. 4.]

rates and duties on shipping were by said act granted to be paid for the
term of seven years, and as much longer as the war should continue, in
order to draw into the treasury the said sum of eight thousand pounds,
and to maintain said ship during the war. And whereas, a peace was
concluded before the expiration of said term of seven years, and the
sum that has already been rais'd by the duty aforesaid, together with
the sum said ship maybe sold for, will be sufficient to draw into the
treasury the said sum of eight thousand pounds ; and it appears to be
contrary to the true intent and design of the act aforesaid, that a bur-
then should be continued on the trade for any longer term than during
said ship's being advantageous to it, —

Be it therefore enacted by the Lieutenant-Governour, Council and
House of Representatives,
Act for tonnage That from and after the publication of this act, each and every of
exp^in/upon the the ratcs and duties imposed on shipping by the act made and pass'd in
Sii8acf'°"°^ the eighteenth j'ear of his present majesty's reign as aforesaid, shall
determine and cease, altho' the term of seven years from the pub-
lication of the said act be not expired ; any construction that may be
put on said act, or any part thereof, to the contrary notwithstanding.
\_Passed June 14 ; published JimedO.

CHAPTER 4.

AN ACT FOR CONTINUING SEVERAL LAWS OF THIS PROVINCE, IN THIS
[ACT*] MENTIONED, WHICH ARE NEAR EXPIRING.

Preamble. Whereas an act was made and pass'd in the twenty-third year of his

1749-50, chap. 3. present majesty's reign, intitled " An Act to prevent the disturbance
given the general court by the passing of coaches, chaises, carts, trucks
and othe[r*] carriages by the province court-house" ; and another act
was made and pass'd in the eighteenth and nineteenth years of his

1745.46, chap. 7. present majesty's reign, [i][e]ntitled " An Act to prevent unneceesary
cost being allowed to parties and witnesses in the several courts of
justice within this province" ; and another act was made and pass'd in
the eighteenth and nineteenth years of his present majesty's reign,

1745-46, chap. 5. [i] [e]ntitled "An Act for encouraging the killing of wolves, bears,
wildcats and catamounts within this province"; and another act was
made and pass'd in the eighteenth j'ear of his present majest3''s reign,

1744-45, chap. 26. [i][e]ntitled "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" ; — which several laws ar[e*] near expiring ; and
the said laws have by experience been found beneficial, and necessary
for the several purposes for which they were passed, —

Be it therefore eyiacted by the Lieutenant-Governour, Council and
Hoiise of Re]}resent\_ati']ves,

That each of the afore-recited acts, and every matter and clause
therein contained (saving that the several penalties in said acts men-
tioned, which were payable in bills of the last emission, shall be under-
stood in this act to be a sum in lawful money equal to said sum in last
emission bills), be and hereby are continued and to remain in force for
the space of five j-ears from the time in them severally limited for their
expiration, and from thence to the end of the then next session of the
general court and no longer. \_Passed June 28 ; published June 30.

Said lawB con-
tinued.
Saving.

These letters are missing from the parchment, which is mutilated.

[1st Sess.] Peovince Laws. — 1750-51. 517

CHAPTER 5.

AN ACT IN ADDITION TO THE ACT FOR THE BETTE[E*] REGULATING

SWINE.

"Whereas in and b}' an act made and pass'd in the twentieth 3'ear of Preamble.
[his*] present majesty's reign, entitled "An Act for the better regulat-
ing swine," it is, [om*]ong other things, enacted, " That from and after 1746-47, chap. 26,
the publication thereof, no swine shall be sutfered to go at large, or be ^i-
out of the inclosure of the owner thereof," under certain penalties in
said act mentioned; '■'•Provided nevertheless. That it shall be in the 174647, chap. 26,
power of any town, in a town-meeting for that purpose appointed, from ^^*
time to time, by a vote, to give liberty for swine going at large within
the bounds of such town ; and in such case, it shall be lawful for any
and every person and persons to suffer his or their swine to go at large " ;
a7id tvhereas the power therein granted to the several towns of assem-
bling for giving libert}' for swine to go at large is not restrained to an}''
particular time of the year ; by reason whereof some towns have been,
sundry times, called together for that purpose in different, and some-
times in bus}', seasons of the year, whereby their private affairs and
business have been interrupted, and much time needles[s]ly expended,
and contentions raised among the inhabitants ; for the prevention
whereof for the future, —

Be it enacted by the Lieuten[^an']t-Governo[_u']r, Council and House of
Represent [aii] ves,

[Sect. 1.] That 'from and after the publication of this act, the Power of towns,
power of the several towns of granting liberty for swine to go at large, i°berty for"^
be and the same is hereby restrained to the month of March, in the fJJ!'"'' if ?° h*
several years during which the said act is to continue in force, and to
the anniversary meeting for the choice of town-officers in the same
month, at which time it shall be lawful [1] for any town to give liberty
for swine to go at large during the whole or such part of the year as
shall be judged most for the benefit of the inhabitants.

And ivhereas the situation and circumstances of the different parts of Preamble,
some towns may be such, as that it may be convenient that swine go at
large in one part, and not so in another part of the same town, —

Be it therefore further enacted,

[Sect. 2.] That when the inhabitants of any tow [w*] within this Limits for
province shall judge it most convenient for swine to go at large in i^ge!^°"^^^
so[?7ie*] certain part or parts only of the town, such town is hereby
impowered (under t[/ie*] aforementioned restriction as to time) to
grant liberty for swine to go at lar[<7e*] within such limits as shall
be assigned for that purpose by the town ; and if any swine shall be
found going at large without such limits, either of place or time, as
shall be so assigned, the owner or owners thereof shall incur the penal-
ties by [^the*] act aforesaid in such case already provided.

[Sect. 3.] This act to continue in force until the end of the sitting Limitation,
of the general court in May, [^7i*]no Domini, one thousand seven
hundred and fifty-seven, and no longer. {^Passed and published June 30.

* Tliese letters are missing from the parchment, which is mutilated.

518 Province Laws.— 1750-51. [Chap. 6.]

CHAPTEK 6.

AN ACT FOE GRANTING TO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TONNAGE OF SHIPPING.

We, his majesty's most loj'al and dutiful subjects, the representatives
of the province of the Massachusetts Bay, in Nev? England, being desir-
ous of a colateral fund and security for drawing in part of a tax of
eighteen thousand four hundred pounds granted the last year, have
chearfull}' and unanimously given and granted, and do hereby' give and
grant, to his most excellent majesty, to the end and use aforesaid, and
to 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 Lieutenant-Governour, Coimcil
and House of Representatives,

[Sect. 1.] That from and after the publication of this act, and
during the space of one year, 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,
pig-iron, provisions, and every other thing of the growth and produce
of New England, and also all prize goods condemned in any part of
this province, excepted), the several rates or duties of impost follow-
ing ; viz'., —

For every pipe of wine of the Western Islands, ten shillings and eight-
pence.

For every pipe of Medara, twelve shillings.

For every pipe of other sorts not mentioned, twelve shillings.

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

For every hogshead of sugar, threepence.

For every hogshead of molasses, twopence.

For every hogshead of tobacco, five shillings and sixpence.

For every ton of logwood, fourpence.
— 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 im-
ported from Great Britain, and hogshead and barrell-staves and heads
from any of his majesty's colonies and provinces on this continent,
excepted.

[Sect. 2.] And for any of the above wines, liquors, goods, wares
and merchandize, et"., that shall be imported into this province from
the port of their growth and produce, by any of the inhabitants of the
other provinces or colonies on this continent, or the English West-India
Islands, or in any ship or vessell to them belonging, on the proper ac-
count of any of the said inhabitants of the other provinces or colonies
on this continent, or of the inhabitants of any of the English West-
Indea Islands, there shall be paid by the importer double the impost
appointed by this act to be received for every species above mentioned ;
and for all rum, sugar and molasses imported and brought into this
province in any ship or vessell, or by land-carriage, from any of the col-
onies of Connecticutt, New Hampshire or Rhode Island, shall be paid
by the importer, the rates and duties following : —

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

[1st Sess.] Province Laws. — 1750-51. 519

For every hogsliead of molasses, containing one hundred gallons,
eightpence.

For every hogshead of sugar, containing one thousand weight, one
shilling.

— And in that proportion for more or less thereof: provided always^
that all European goods, and for all other goods, wares and merchan-
dize, eightpence for every twenty shillings value ; all hogshead and
barrell-staves and heading from any of his majesty's provinces or col-
onies, all provisions and other things that are the growth of New Eng-
land, all salt, cotton-wool and pig-iron are and shall be exempted from
every the rates and duties aforesaid.

[Sect. 3.] Impost rates and duties shall be paid in current lawful .
money, 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 recieving the same, at or before the landing of any wines,
liquors, goods or merchandize : only the commissioner or reciever is
hereby allowed to give credit to such person or persons, where his or
their duty of impost, in one ship or vessell, doth exceed the sum of three
pounds ; and in cases where the commissioner or reciever shall give
credit, he shall ballance and settle his accounts with every person on or
before the last day of April, so that the same accounts may be read^- to
be produced in court in May next after. And all entries, whei-e the im-
post or duties to be paid doth not exceed three shillings, shall be made
without charge to tlie importer ; and not more than sixpence to be
demanded for any other single entry to what value soever.

And he it further enacted^

[Sect. 4.] That the master of every ship or vessell coming into
this province from any other place, shall, within twenty-four hours after
his arrival in any port or harbour, and before bulk is broken, make
report and deliver a manifest, in writing, under his hand, to the commis-
sioner aforesaid, of the contents of the loading of such ship or vessell,
therein particularly expressing the species, kind and quantities of all
the wines, liquors, goods, wares and merchandize imported in such ship
or vessell, with the marks and numbers thereof, and to whom the same
are consigned ; and make oath before the said commissioner that the same
manifest contains a just and true account of all the load taken on board
and imported in such ship or vessell, and so far as he knows or believes ;
and that if he knows of any more wines, liquors, goods, wares or merchan-
dize loaden on board such ship or veSsell, and imported therein, he will
forthwith make report thereof to the commissioner aforesaid, and cause
the same to be added to his manifest.

And be it further enacted,

[Sect. 5.] That if the master of any such ship or vessell shall break
bulk, or sufler any of the wines, liquors, goods, wares and merchandize
imported in such ship or vessell to be unloaden before report and entry
thereof be made as aforesaid, he shall forfeit the sum of one hundred
pounds.

And he it further enacted by the authority aforesaid,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares and merchandize imported into this
province, for which any of the rates or duties aforesaid are payable,
or having consigned to them, shall make a like entry thereof with the
commissioner aforesaid, and produce an invoice of all such goods as pay
ad valorem, and make oath before him in form following ; viz*., —

You, A. B., do swear that the entry of the goods and inerchandize by you
now made, exhibits the present 2)rice of said goods at this market, and that,
bond fide, according to your best skill and judgment, is not less than the real
value thereof. So help you God.

520 Province Laws.~1 750-51. [Chap. 6.]

— which oath the commissioner or reciever is hereby irapowered to ad-
minister ; and they shall pay the duty or impost by this act required,
before such wines, liquors, goods, wares or merchandize be landed or
taken out of the vessell in which the same shall be imported.

[Sect. 7.] And no wines, liquoi's, goods, wr.res or merchandize that
by this act are liable to pay impost or duty, shall be landed on any
wharffe, or into any warehouse or other place, but in the daytime only,
and that after sunrize and before sunset, unless in the presence and
with the consent of the commissioner or reciever, on pain of forfeiting
all such wines, liquors, goods^ wares and merchandize, and the lighter,
boat or vessell out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] 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 con-
signed, then the cask wherein the same is, shall be gaged at the charge
of the importer, that the contents thereof may be known.

And be it further enacted,

[Sect. 9.] That the importer of all wines, liquors, goods, wares and
merchandize, within one year after the publication of this act, by land-
carriage, or in small vessells or boats, shall make report and deliver a
manifest thereof to the commissioner aforesaid or his deputy, therein
particularly expressing the species, kind and quantity of all such wines,
liquors, goods, wares and merchandize so imported, with the marks and
numbers thereof, when, how and by whom brought ; and shall make
oath, before the said commissioner or his deputy, to the truth of such
report and manifest, and shall also pay the several duties aforesaid by
this act charged and chargeable upon such wines, liquors, goods, wares
and merchandize, befoi*e the same are landed, housed or put into any
store or place whatever.

And he it further enacted,

[Sect. 10.] That every merchant or other person importing any wines
into this province, shall be allowed twelve per cent for leakage : pro-
vided, such wines shall not have been filled up on board ; and that every
hogshead, but or pipe of wiue that hath two-thirds 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 vessell 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 reciever of impost for such port, on pain of for-
feiting the sum of one hundred pounds.

[Sect. 11.] And if it may be made to appear that any wines im-
ported in an}^ ship or vessell be decayed at the time of unlading thereof,
or in twenty days afterwards, oath being made before the commissioner
or reciever 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 he it further enacted,

[Sect. 12.] That the master of every 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 entered, nor the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consigned. And it shall and m^iy be lawful, to and for
the master of every ship or otlier vessell, to secure and detain in his
hands, at the owner's risque, all such wines, liquors, goods, wares and
merchandize imported in any ship or vessell, until he receives a cer-
tificate, from the commissioner or reciever of the impost, that the
duty for the same is paid, and until he be repaid his necessary charges

[1st Sess.] Province Laws.— 1750-51. 521

in securing the same ; or such master may deliver such wines, liquors,
goods, wares or merchandize as are not entred, in to the commissioner
or reciever of the impost in such port, or his order, who is hereby im-
powered and directed to recieve 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 ^uch master shall
direct.

And be it further enacted^

[Sect. 13.] That the commissioner or reciever of the impost in each
port, shall be and hereb}^ is impowered to sue the master of any ship or
vessell, for the impost or dut}' of 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 entered and the duty of impost therefor not paid. And where any
goods, w^ares 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 further enacted,

[Sect. 14.] That the ship or vessell, with her tackle, apparrell and
furniture, the master of which shall make 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 such
wines, liquors, goods, wares or merchandize not entred as aforesaid ; and,
upon judgment recovered against such master, the said ship or vessell,
and so much of the tackle or appurtenances thereof as shall be suffi-
cient to satisfy said judgment, may be taken into execution for the same ;
and the commissioner or reciever of the impost is hereby impowered to
make seizure of the said ship or vessell, and detain the same under
seizure until judgment be given in any suit to be commenced and pros-
ecuted for any of the said forfeitures or impost ; to the intent that, if
judgment be rendered for the prosecutor or informer, such ship or ves-
sell and appurtenances may be exposed to sale, for satisfaction thereof,
as is before provided : iinless the owners, or some on their behalf, for
the releasing of such ship or vessell from under seizure or restraint,
shall give sufficient securit}' unto the commissioner or reciever of im-
post 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 such suit to be brought for the same, as afore-
said ; and the master occasioning such loss or damage unto his owners,
through his default or neglect, shall be liable unto their action for the
same.

And be it further enacted.,

[Sect. 15.] 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, until he shall be certified, by the commis-
sioner or reciever of the impost, that the duty and impost for the goods
last imported in such ship or vessell are paid or secured to be paid.

[Sect. 16.] And the commissioner or reciever of the impost is
hereby impowered to allow bills of store to the master of any ship or
vessell importing any wines or liquors, for such private adventures as
shall belong to the master or seamen of such ship or vessell, at the dis-
cretion of the commissioner or reciever, not exceeding three per cent of
66

522 Pkovince Laws.— 1750-51. [Chap. 6.]

the la(]ing ; and duties payable by this act for such Tvines and liquors,
in such bills of stores mentioned and expressed, shall be abated.

And for the more effectual preventing any wines, rum or otlier dis-
till'd spirits being brought into the province from the neiglibouring
governments, by land, or in small boats or vessells, or any other way,
and also to prevent wines, rum or other distill'd spirits being first
sent out of this province, to save the dut}"^ of impost, and afterwards
brought into the government again, —

Be it enacted,

[Sect. 17.] That the commissioner and reciever of the aforesaid
duties of impost shall, and he is hereby impowered and enjoyned to,
appoint one suitable person or persons as his deput}^ or deputys, in all
such places in this province where it is likely that vvine, rum or oilier
distilled spirits will be brought out of other governments into this ;
- which officers shall have power to seize the same, unless the owner can
make it appear that the dut}^ of impost has been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distilled spirits brought or relanded in this govern-
ment, where the duty is not paid as aforesaid, and to seize and secure
the same for the ends and uses as in this act is hereafter provided.

And be it farther enacted,

[Sect. 18.] That the commissioner or bis deputys shall have full
power to administer the several oaths aforesaid, and to search in all
suspected places for all such wines, rum, liquors, goods, wares and
merchandize as are brought into this province, and landed contrar}^ to
the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

A7id be it further enacted,

[Sect. 19.] That there shall be paid, by the master of every ship or
other vessell, coming into any port or ports of this province, to trade or
trafflck, 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, Connecticutt, New York, New
Hampshire and Rhode Island), every voyage such ship or vessell does
make, 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 aforesaid governments, which are hereby ex-
empted ; to be paid unto the commissioner or reciever of the duties of
impost, and to be employed for the ends and uses aforesaid.

[Sect. 20.] 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 tonnage thereof, in case he shall
suspect that the register of such ship or vessell 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 vessell, before she shall be cleared,
in case she shall appear to be of a greater burthen : otherwise, to be paid
by the commissioner out of tlie 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 vessell, until he be also certi-
fied, by the commissioner, that the duty of tonnage for the same is
paid, or that it is such a vessell for which none is payable according to
this act. *

A7id be it further enacted,

[1st Sess.] Peovince Laws. — 1750-51. 523

the exporter of such wine or rum shall make oath, at the time of ship-
ping, before the reciover of impost, or his deputy, that the whole of the
wine or rum so sliipped has, bond fide, had the aforesaid duties of impost
paid on the same, and shall afterwards produce a certificate, from some
officer of the customs, that the same has been landed out of this govern-
ment,— or otherwise, in case such rum or wines shall be exported to
any place where there is no officer of the customs, or to any foreign
port, the master of the vessell in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, upon producing such certificate, or upon such oath
of the master, make oath that he verily believes no part of said wines
or rum has been relauded in this province, — such exporter shall be
allowed to draw back from the reciever of impost as follows ; viz'., —

For every pipe of Western-Island wine, eight shillings.

For every pipe of Medara and other sorts, nine shillings.

For an hogshead of rum, eight shillings.

Provided always,' —

[Sect. 22.] That if, after resbipping any such rum or wine to be
exported as aforesaid, and giving security as aforesaid, in order to ob-
tain the drawback aforesaid, the wine or rum so shipped to be exported,
or any part thereof, shall be relanded in this province, or brought into
the same from any other province or colony, that then and over and
above the penalty of the bond aforesaid, which shall be levjed and
recovered to his majesty's use, for the ends the duties aforesaid, are
granted, all such rum and wine so relanded and brought again into this
province shall be forfeited, and may be seized by the commissioner
aforesaid, or his deput}".

And be it farther enacted,

[Sect. 23.] That there be one fitt person, and no more, nominated
and appointed by this court, as a commissioner and reciever of the
aforesaid duties of impost and tunnage of shipping, and for the inspec-
tion, care and management of the said office, and whatsoever thereto
relates, to recieve commission for the same from the governour or com-
mander-in-chief for the time being, with authority to substitute and
appoint a deputy reciever in each port, and other places besides that
wherein he resides, and to grant warrants to such deputy recievers for
the said place, and to collect and recieve the impost and tunnage of
shipping as aforesaid that shall become due within such port, and to
render the account thereof, and to pay in the same, to the said commis-
sioner and reciever : which said commissioner and reciever 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 duties of impost and tun-
nage arising on the said vessell may appear ; and the same to Ij-e open,
at all seasonable times, to the view and perusal of the treasurer or
reciever-general of this province (or any other person or persons whom
this court shall appoint), with whom he shall account for all collec-
tions and payments, and pay all such monies as shall be in his hands,
as the treasurer or reciever-general shall demand it. And the said com-
missioner or reciever and his deputy or deputys, before their entring
upon the execution of their office, shall be sworn to deal truly and faith-
fully therein, and shall attend in the said oflSce from ten of the clock in
the forenoon, until one in the afternoon.

[Sect. 24.] And the said commissioner and reciever, for his labour,
care and expences in the said office, shall have and recieve, out of the
province treasury, the sum of forty-five pounds per annum ; and his
deputy or deputys to be paid for their service such sum or sums as the
said commissioner and reciever, with the treasurer, shall agree upon, not
exceeding five pounds per annum, each ; and the treasurer is hereby

524 Province Laws.— 1750-51. [Chap. 6.]

ordered, in passing and recieving the said commissioner's accounts,
accordingl}', to allow the paN-ment of such salary or salarys, as afore-
said, to himself and his deputy s.

And be it further enacted by the authority aforesaid,,
[Sect. 25.] That no duty of impost shall be demanded for any
goods imported after the publication of this act, by virtue of any
former act for granting unto his majesty any rates and duties of impost,
and that all penalties, fines and forfeitures accruing and arising by
virtue of any breach of this act, shall be one half to his majesty for the
uses and intents for which the abovementioned 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. [^Passed and published
June 30.

[2d Sess.] Province Laws. — 1750-51. 525

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-sixth day of September, A. D.
1750.

CHAPTER 7.

AN ACT IN EXPLANATION OF AN ACT MADE IN THE REIGN OF KING
WILLIAM THE THIRD, INTITLED "AN ACT FOR REVIEW IN CIVIL
CAUSES."

Whereas some doubt has arisen, and may arise, whether the act Preamble.
mad^ in the thirteenth 3'ear of the reign of King William the Third, i'^oi-i702, ch. 6.
intitled " An Act for review in civil causes," extends to judgments given
on informations filed by impost officers or their deputies, for the decla-
ration of the forfeiture of goods by them seized, —

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

That the said act doth not, nor ever did, neither ought to be construed Explanation of
to extend to judgments given on such informations. \_Passed October
6 ; jpublished October 12.

an act on re-
views.

CHAPTER 8.

AN ACT FOR ESTABLISHING AND REGULATING FEES OF THE SEVERAL
OFFICERS, WITHIN THIS PROVINCE, AS ARE HEREAFTER MENTIONED.

Be it enacted by the Lieutenant- Governour, Council and House of
Representatives, in General Court assembled,

[Sect. 1.] That from and after the publication of this act, the es- Feosestab-
tablishment of the fees belonging to the several officers hereafter men- ^'*'^'^'^-
tioned, in this province, be as followeth ; vizi^'^., — 1746.47, chap. 24.

JUSTICE'S FEES.

For granting a writ and summons or original summons, one shilling. Justice's fees.

Subp[e][ce]na, for each witness, one penny halfpenny.

Entring an action or complaint, two shillings.

Writ of execution, sixteenpence.

Filing papers, each, one penny halfpenny.

Taxing a bill of cost, threepence.

Entring up judgment in civil or criminal cases, ninepence.

Copy of every evidence, original papers or records, eightpence per page

for each page of twenty-eight lines, eight words in a line : if

less than a page, fourpence.
Each recognizance or bond of appeal, one shilling.

526

Province Laws. — 1750-51.

[Chap. 8.]

Taking affidavits out of tlieir own courts in order for the tr[y][i]al of
any cause, one shilling, —
in other cases, together with certificate, examining and entring, six-
pence,—
in perjyetuam^ 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, one shilling.

For granting a warrant, swearing apprizers relating to strays, and
entring the same, one shilling and sixpence.

CORONER'S FEES.

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, one shilling.

Every tryal where the sheriff is concerned, eightpence.

Taking an inquisition, to be paid out of the deceased's estate, eight
shillings ; if more than one at the same time, twelve shillings in
the whole ; if no estate, then, to be paid out of the county treas-
ury, five shillings.

For travelling and expences for taking an inquisition, each day, four^
shillings.

The foreman of the jury, three shillings ; and, ten miles accounted a
day's travel, one shilling per day ; —
every other juror, two shillings and sixpence, and travel the same as
the foreman.

Judge of pro-
liate's and
register's fees.

JUDGE OF PROBATE'S AND REGISTER'S FEES.

For granting administration or guardianship, —
to the judge, three shillings.

To the register, for writing letter and bond of administration or guar-
dianship, two shillings 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 and
sixpence ; to the register, for each letter of guardianship and
bond, as before.

Proving a will or codicil ; three shillings and sixpence to the judge, and
two shillings and sixpence to the register.

Recording a will, letter of administration or guardianship, inventory or
account, of one page, and filing the same, one shilling and three-
pence ; —
for every page more, of twenty-eight lines, of eight words in a line,
eightpence.

For copy of a will or inventory, the same for each page, as before.

Allowing accounts ; three shillings to the judge. Decree for settling of
intestate estates : to the judge, three shillings ; —
for examining such accounts, one shilling.

A citation, ninepence.

A quietus: to the judge, one shilling ; to the register, one shilling.

Warrant or commission for apprizing or dividing estates ; one shilling
and sixpence to the judge, to the register, one shilling.

Making out commission to rec[ie][e^]ve and examine the claims of
creditors to insolvent estates ; to the judge, one shilling, to the
register, one shilling : for recording the same, as before.

Registring the commissioner's report, each page, eightpence.

Making out and entring an order upon the administrators for the dis-
tribution of the estate ; to the judge, one shilling and sixpence,
to the register, one shilling.

[2d Sess.] Province Laws.— 1750-51. 527

For proportioning such estate araono; the creditors, agre[e]able to the
commissioner's return, when the estate exceeds not fifty pounds,
thr&e shillings ; and, above that sum, four shillings.

For recording the same, eightpence per page.

IN THE SUPERIOUR COURT.

justice's fees.

Entring an action, six shillings and eightpence. fuperlorcoun,

Taking special bail, one shilling and sixpence. fees.

Allowing a writ of error, two shillings.

Allowing a[n] habeas corpus^ sLxteenpence.

Taxing a bill of cost, eightpence.

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

Granting liberty for the sale or partition of real estates, one shilling.

On rec[ie][e;"]ving each petition, one shilling.

Allowance to the party for whom costs shall be taxed, and to witnesses
in civil and criminal causes, one shilling and sixpence per day,
ten miles' travel to be accounted a day ; and the same allowance
to be made to parties as to witnesses at the inferiour courts,
courts of sessions and before a justice of the peace.

clerk's fees.

On entring an action, one shilling and fourpence. Clerk's fees.

A writ of scire facias^ two shillings.

A writ of review, two shillings and sixpence.

Entring a rule of court, sixpence.

Filing a declaration, eightpence.

Entring appearance, fourpence.

Signing a judgment by default, eightpence.

Rec[ie][e?]ving and recording a verdict, eightpence.

Cop[y][/e]s of all records, each page, of twenty-eight lines, eight words
in a line, eightpence per page ; —
if less than one page, sixpence.

Every action withdrawn or nonsuit, eightpence.

Every petition read, eightpence ; order thereon, eightpence.

Filing the papers of each cause, one penn}' per paper.

Everv execution, one shilling and fourpence.

A writ of habeas corpus, two shillings.

Confessing judgment or default, one shilling.

Acknowledging satisfaction of a judgment, on record, eightpence.

Examining each bill of cost, sixpence.

Continuing each cause, and entring the next term, one shilling.

Entring up judgment and copying the same, two shillings.

To each venire, to be paid out of the count}^ treasur[y][ie]s, respect-
ively, by order from any three of the justices of said court,
threepence.

Each recognizance, one shilling.

IN THE INFERIOUR COURT OF COMMON PLEAS.

JUSTICE'S FEES.]

Entry of every action, five shillings and fourpence. Justices of tbe

Taxing a bill of cost, sixpence. ^^f,y^°'^ '=°""'

Ta[k][a;]ing a recognizance on appeals, one shilling.

Proving a deed, one shilling.

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

528 Province Laws.— 1750-51. [Chap. 8.]

IN THE COURT OF GENERAL SESSIONS OF THE PEACE.

Court of general Eacb day's attendance at the sessions, to be paid out of the fines, two

sessions of the i -ii. t • i >

peace. Shillings and eightpence.

Granting every licence to innholders and retail [e][oJrs, one shilling.
And taking their recognizances, one shilling.
Each recognizance in criminal causes, one shilling.

clerk's fees.

Clerk's fees. Every action entred, one shilling and fourpence.

Every writ and seal, sixpence.

Every appearance, fourpence.

Entring and recording a verdict, eightpence.

Recording a judgment, one shilling.

Cop[y] [?'e]s of all records, each page, of twenty-eight lines, eight words
in a line, eightpence.

Every action withdrawn or nonsuit, eightpence.

Every execution, one shilling and fourpence.

Confessing judgment or default, eightpence.

Acknowledging satisfaction of a judgment on record, eightpence.

A writ of habeas corpus^ two shillings.

Continuing each cause, and entring at the next term, eightpence.

Each recognizance, one shilling.

Examining each bill of cost, sixpence.

Each venire, to be paid out of the county treasur[y][ie]s, respect-
ively, by order of court, threepence.

"Writ of facias habere possessionem, two shillings.

Filing each paper, one penny.

GOVERNOUR AND SECRETARY'S FEES.

Governor and For registers : to the governour, three shillings ; to the secretar}'', two

BGcrctsry s ices* , ati •

shillings.

For certificates under the province seal : to the governour, three shil-
lings ; to the secretary, two shillings.

For warrants of appr[ais][i2]ements, s[u][e]rvey, &c. : to the gov-
ernour, three shillings ; to the secretary, three shillings.

To the governour, for a pass to the castle, for each vessel [1], one shil-
ling : wood-sloops and other coasting vessel[l]s, for which passes
have not been usually required, excepted.

For a certificate of naval stores, in the whole, three shillings.

SECRETABT'S FEES.

Secretary's fees. Pqj. engrossing the acts or laws of the general assembly, six shillings

each, to be paid out of the publick revenue.
Every commission for the justices of each county, and commission of

oyer and terminer, six shillings and eightpence, to be paid out of

the publick revenue.
Special warrant or mittimus by order of the governour and council,

each, two shillings and sixpence.
Every commission under the great seal, for places of profit, five shillings,

to be paid by the person commissionated.
[Eve*]ry bond, three shillings.
[Ev*]ery order of council to the benefit of particular persons, two

shillings.

♦ These letters are missing from the parchment, which is mutilated.

[2d Sess.] Province Laws.— 1750-51. 529

livery writ for electing of assemblymen, directed to the sheriff or mar-
shal[l] under the province seal, five shillings, to be paid out of
the publick revenue.

For transcribino; the aots or laws passed by the general asseiubly into
a book, eightpence per page, — each page to contain twenty-eight
lines, eight words in a line, and so proportionably, — to be paid
out of the publick revenue.

Every commission for military officers, to be paid out of the public treas-
ury, two shillings.

CLERK OF THE SESSIONS' FEES.

Entring a complaint or indictment, one shilling and fourpence. SssSnJ'*^^,

Discharging a recognizance, eightpence.

Each warrant for criminals, one shilling.

Every summons or snbp[e][c«]na, twopence.

Every recognizance for the peace or good behaviour, one shilling.

For every recognizance, one shilling.

Entring up judgment, or entring satisfaction of judgment, on record,

and copying, <5ne shilling.
Warrant for county tax, one shilling.
For minuting the receipt of each petition, and order thereon, and

recording, eightpence per page, as before.
Examining and casting the grand jur[ors'][?/'s] account, yearly, and

order thereon, to be paid by the county treasurer by order of

the court of sessions, one shilling and sixpence.
For cop[y][«e]s of all records or original papers, eightpence per page,

as before.
For filing each paper, one penny.

SHERIFF'S OR CONSTABLE'S FEES.

For serving an original summons, one shilling. Sherifisjor

Every cap[i][e]as or attachment in civil, or warrants in criminal, cases fees.
for tr[y][i]al, sixteenpeYice ; and for travel out, one penny half-
penny per mile ; and for the return of the writ (the travel to be
inserted on the back of the writ or orginal summons) , one penny
halfpenn}^ per mile.

Levying execution in personal actions, for the first twent}' pounds or
under, ninepence per pound ; above that, not exceeding forty
pounds, fourpence per pound ; above that, not exceeding one
hundred pounds, twopence per pound ; for whatsoever it exceeds
one hundred pounds, one penny per pound.

For travel out, one penny halfpenny per mile, and for the return of the
execution, one penny halfpenny per mile ; all travel in serving
writs and executions, to be accounted from the officer's house
who does the service, to the place of service, and from thence to
the court-house or place of tr[y] [?']al.

For giving livery and seizin of real estates, six shillings, travel as
before : if of different parcels of land, four shillings each.

For serving an execution upon a judgment of court for partition of real
estates, to the sheriff, five shillings per day ; and for travel and
expences, threepence per mile out from the place of his abode ;
and to each juror, two shillings per day ; and for travel and
expences, threepence per mile.

Every tr[y][i]al, eightpence.

Every default, fourpence.

A bail bond, eightpence.

Every precept for the choice of representatives, and returning it, sixteen-
pence ; to be paid out of the county treasur[y] [i'ejs, respectively.

530

Province Laws. — 1750-51.

[Chap. 8.]

Crier's fees.

To the officer attending the grand jury, each day, two shillings.

To the officer attending the petit jury, one shilling every cause.

For dispersing venires from the clerk of the superiour court, and the
province treas[?tre]r's warrants, fourpence each.

For dispersing proclamations, sixpence each.

For the encouragement unto the sheriff to take and use all possible care
and diligence for the safe keeping of the prisoners that shall be
committed to his custody, he shall have such sal[l]ary allowed
him for the same as the justices of the court of gen[era]l ses-
sions of the peace within the same county shall think tit and
order, not exceeding ten pounds per annum for the county of
Suffolk, and not exceeding five pounds per annum ap[ei] [te]ce
for the count[ie][?/]s of Essex and Middlesex, and not exceeding
three pounds per annum ap[ei][ie]ce in each of the other coun-
ties within the province, to be paid out of the treasury of such
county.

CB TUB'S FEES.

Calling the jury, fourpence.

A default or nonsuit, eightpence.

A verdict, eightpence.

A judgm[en]t affirmed on a complaint, eightpence.

GOALEE'S FEES.

For turning the key on each prisoner committed, three shillings ; viz^*^,
one shilling and sixpence in, and one shilling and sixpence out.
For dieting each person, for a week, three shillings.

MESSENGEB OF THE HOUSE OF REPRESENTATIVES' FEES.

For serving every warrant from the house of representatives, which they
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, one shilling
and sixpence.

For his discharge or dismission, one shilling and sixpence.

GRAND JUROR'S FEES.

Foreman, per day, two shillings and sixpence.
Each other juror, two shillings.

PETIT JUROR'S FEES.

To the foreman, in every case at the superiour court, two shillings ; to
ever}'^ other juror, one shilling and sixpence.

To the foreman, in every cause at the inferiour court or sessions, one
shilling ; to every other juror, tenpence.
1749-50, chap. 5. Exccpt the county of Suffolk, which is to be regulated by the law relat-
ing to jurors pass'd the last year.

Jailer's fees.

Messenger of
the house of
representatives'
fees.

Grand jurors'
fees.

Petit jurors'
fees.

Fees for mar-
riages.

FOR MARRIAGES.

For each marriage, to the minister or justice officiating, four shillings.
For recording it : to the town clerk, to be paid by the justice or minister,

fourpence ; and to the clerk of the sessions, to be paid by the

town clerk, twopence.
To the town clerk, for every publishment of the banns of matrimony,

and entring thereof, one shilling.
Every certificate of such publishment, sixpence.
Recording births and deaths, each, twopence.
For a certificate of the birth or death of any person, threepence.
For every search of record, where no cop}^ is required, twopence.

[2d Sess.] Province Laws.— 1750-51. 531

COUNTY REGISTER'S FEES.

For entring or recording or copying any deed, conveyance or mortgage, County regis.
for the first page, ninepence ; and eightpence per page for so many **"''® ^^^^'
pages more as it shall contain, accounting after the rate of twenty-
eight lines, of eight words in a line, to each page, and propor-
tionably for so much more as shall be under a page ; and three-
pence for his attestation on the original, of the time, book and
. folio where it is recorded ; —
and for a discharge of a mortgage, eightpence.

And he it further enacted,

[Sect. 2.] That if any person or persons shall demand or take any Penalty for
greater fee or fees for any of the services aforesaid, than is by this law fees?^ excessive
provided, he or the}' shall forfeit and pay to the person or persons
injured, the sum often pounds for every offence, to be recovered in any
court proper to hear and determine the same.

[Sect. 3.] This act to be in force for the space of two years from Limitation.
the publication thereof, and from thence to the end of the then next
session of the general court, and no longer. \_Passed October 9 ; pub-
lished October 12.

CHAPTEE 9*.

AN ACT FOR IMPOWERING THE PROVINCE TREASURER TO BORROW
THE SUM OF FOUR THOUSAND POUNDS, FOR APPLYING THE SAME TO
DISCHARGE THE DEBTS OF THE PROVINCE, AND DEFREY THE
CHARGES OF GOVERNMENT, AND FOR MAKIN.G PROVISION FOR THE
REPAYMENT OF THE SUM SO BORROWED.

Be it enacted by the Lieutenant- Governour, Council and House of Rep-
resentatives,

[Sect. 1.] That the treasurer of this province be and hei'eby is im- Treasurer em.
powred to borrow, from such person or persons as shall appear ready borrow £4!ooo
to lend the same, a sum not exceeding four thousand pounds, in Spanish for the province.
mill'd dollars ; and the sum so borrowed, shall be a stock in the treas-
ury, to be applied for defreying the charges of this government, in man-
ner as in this act is after directed ; and for every sum so borrowed,
the treasurer shall give a receipt of the form following ; viz., —

Province of the Massachusetts Bay, day of , 175 , Form of his

borrowed and received of A. B., Spanish mill'd dollars, of full money. ' '

"Weight, for the use of this province ; and as their treasurer do promise to
pay the same number of like dollars to the said A. B., or order, by the tenth
day of June, 1752, with lawful interest for the same, annually, 'till paid.

W F , Treasurer.

— and no receipt shall be given for any sum less than fiA-e pounds : and
the treasurer is hereb}' directed to use his discretion in borrowing said
sum, at such times as that he may be enabled to comply with the
draughts that may be made on the treasury in pursuance of this act.

And be it further enacted,

TSect. 2.1 That the aforesaid sum of four thousand i)ounds shall be ^V^^o app,o.

L n ■, ■ nni j?ii' pnateu tor forts

issued out of the treasury in manner and for the purposes lollowing ; and garrisons.
viz., the sum of twelve hundred and eighty pounds, part of the aforesaid
sum of four thousand pounds, shall be applied for the service of the
several forts and garrisons within this province, pursuant to such orders

532 Province Laws.— 1750-51. [Chap. 9.]

and grants as are or shall be made by this court for those purposes ;
ni?sLr°'s8tore8 ^"*^^ ^^^ further sum of eight hundred pounds, part of the aforesaid sum
&c. * of four thousand pounds, shall be applied for the purchasing provisions,

and the commissary's necessary disbursements for the service of 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 further
£520 for premi. sum of five hundred and twenty pounds, part of the aforesaid sum of
giants. ^^^^, thousand pounds, shall bo applied for the payment of such premi-
ums and grants that now are or hereafter may be made by this court ;
£760 for debts and the further sum of seven hundred and sixty pounds, part of the
^o esfabiis'h/^ aforesaid sum of four thousand pounds, shall be applied for the dis-
ment. charging 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 establishment, nor any certain sum assigned
for such service, and for paper, writing and printing for this court ;"and
£520 for the the sum of five hundred and twenty pounds, part of the aforesaid sum
court. '^'^'^ ^^ of four thousand pounds, .shall be applied for the payment of his majes-
ty's council and house of representatives serving in the general court
during the several sessions for this present ^-ear.

And tvJiereas there are sometimes contingent and unforeseen charges
that demand prompt pa^-ment, —
Be it further enacted,
til'lnTchsir' es [Sect. 3.] That the sum of one hundred and twenty pounds, being
■ the remaining part of the aforesaid sum of four thousand pounds, be
applied to pay such conCingent charges, and for no other purpose what-
soever.

And in order to enable the treasurer eflTectually to discharge the re-
ceipts and obligations by liim given in pursuance of this act, —
JBe it enacted,
SJdexfil^made [Sfxt. 4.] That the duty of impost and excise for part of the years
a fund for re- one thousand seven hundred and fifty and fift3'-one, and ending in the
li^ooo."'" ^"' 3'ear one thousand seven hundred and fifty -one, shall be applied for the
payment and discharge of the principal and interest that shall be due
on said receipts and obligations, and to no other purpose whatever.

And as a further fund and security for drawing the said sum of four
thousand pounds into the treasury again, —
Be it further enacted,
ftirfher security^ [Sect. 5.] That there be and hereby is granted unto his most excel-
to be levied m ' lent majest}', a tax of four thousand pounds, to be levied on polls, and
eyear (o-. estates real and personal, within this province, according to such rules
and in suel\ proportion on the several towns and districts within the
same, as shall be agreed on and ordered by the general court of this
province at their session in May, one thousand seven hundred and fifty-
one, which sum shall be paid into the treasury on or before the tenth
day of Februar}^ next after.
Be it further enacted,
Tax for the PSect. 6."| That in case the general court shall not, at their session

money hereby .=ir iii? ■ ■• i n -r ii

emitted, to be in May, and berore the twentieth day of June, one thousand seven hun-
to^lfe prccedini ^^'^^^ ^"'^ fifty-One, agi'ce and conclude upon an act apportioning the
tax act, in case, sum which by this act is engaged shall be, in said year, 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 propor-
tion of the said sum as the said towns and districts should have been
taxed b}' the general court in the tax act then last preceeding: saving
what relates to the pay of the representatives, which shall be assess'd
on the several towns they represent ; and the province treasurer is
hereb}' fully impowred and directed, some time in the month of June, in

[2d Sess.] Province Laws.— 1750-51. 533

the _year one thousand seven liunclred and fift3'-one, 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 directed and
engnged to be assessed ; and also for the fines upon the several towns
that have not sent a representative : and the assessors, as also persons
assessed, shall observe, be governed by, and subject to all such rules
and directions as have been given in the last preceeding tax act.

Provided cdwaj/s, —

[Sect. 7.] That the remainder of the sum which shall be brought Remainder to be
into tlie treasury, b}' the duties of impost and excise for the years one stock InThe ^^ ^
thousand seven hundred and fifty and fifty-one aforesaid, and the tax treasury.
of four thousand pounds ordered by this act to be assessed and levied,
over and above what shall be sufficient to discharge the receipts and
obligations aforesaid, shall be and remain as a stock in the treasmy, to
be applied as the general court of this province shall hereafter order,
and to no other purpose whatsoever ; an^'thing in this act to the con-
trar}" notwithstanding.

And be it further enacted,

[Sect. 8.] That the treasurer is hereby directed and ordered to pay Money to be
the sum of four thousand pounds, borrowed as aforesaid, out of such proper'appro-^
approi)riations as shall be directed to by warrant, and no other, upon priaiions.
pain of refunding all such sum or sums as he shall otherways pav ;
and the secretary, to whom it belongs to keep the muster-rolls and
accomjjts of charge, shall lay before the house of representatives, when
they direct, such muster-rolls and accompts after pa^'meut thereof.
[^Passed October 10 ; picblished October 12.

CHAPTEK 10.

AN ACT IN FURTHER ADDITION TO AN ACT, INTITLED " AN ACT FOR
RENDRING MORE EFFECTUAL THE LAWS ALREADY IN BEING, RE-
LATING TO THE ADMEASUREMENT OF BOARDS, &c., AND FOR PRE-
VENTING FRAUD AND ABUSE IN SHINGLES, &C."

"Whereas the laws now in force for regulating the assize of shingles preamble.
and the admeasurement of boards are insufficient to answer the good 1743.44, chap. 2a
and salutary ends proposed by them, —

Be it enacted by the Lieutenccnt-Governour, Council cmd House of
Pepresen tat ives ,

[Sect. 1.] That all shingles that are exposed to public sale in this Rules for the
province shall be at least, one with another, four inches in breadth, fif- gCgles?"^ "^
teen inches in length, one third of an inch thick at the butt end of the
shingle, — neither of them to be under three inches in width ; and that
all shingles, before they are ship'd off from an}' of the maritime towns
in said province, shall be culled by a sworn culler, who is hereby fully
authorized and required to condemn all those shingles that shall be
short of the dimensions aforesaid ; and in case there shall be above five Penalty for not
shingles that are under two inches in width or twelve inches in length, theJet™— ^
in a bundle of two hundred and fifty, and so in proportion to a larger
or smaller bundle, the bundle in which such shingles are contained shall
be forfeited ; and the surveyor or culler is hereb}' required and fully
authorized to condemn all such shingles, notice being first given to tlje
owner or owners of said shingles to be present, if he or the}' see cause :

534

Province Laws. — 1750-51. [Chap. 11.]

— to be for the
use of the poor.

Penalty for the
cullers' neglect
of duty.

Shingles not
surveyed, to be
forfeited.

Preamble.

Regulation of
the thickness of
boards.

Limitation.

which shingles shall be delivered to the selectmen or overseers of the
poor in the town where such shingles are condemned, for the benefit of
the poor of said town, first deducting therefrom the charge of culling
or surveying.

And he it further enacted,

[Sect. 2.] That if any sworn culler or surveyor shall neglect or
refuse to do his duty in condemning all such shinqles aforesaid, he shall,
upon conviction in any of his majesty's courts, forfeit the sum of ten
pounds ; one half for the informer, and the other moiety for the poor of
the town where such offence is committed : to be recovered by bill,
plaint or information.

And be it further enacted,

[Sect. 3.] That all shingles in each town where the}' are made, or
at the place of first sale, before their delivery, shall be surve^-ed by a
sworn surveyor, and the town-brand set upon the hoop of the bundle ;
and all shingles offered to sale, without being surveyed and marked as
aforesaid, shall be forfeited : and the surveyor is hereby impowered
and directed to condemn all such shingles for the use of the poor of
the town where such shingles are condemned ; and in case the surveyor
shall refuse or neglect to do his duty, he shall forfeit the sum of ten
pounds ; one half for the poor of the town, the other moiety for him
that shall inform or sue for the same, to be recovered by bill, plaint or
information in any of his majesty's courts.

And tvhereas there is often great fraud and deceit in the admeasure-
ment of boards, b}- reason that the survej'ors are not by law obliged to
have an}' regard to the thickness of the boards, by which means great
wrong and injury is done to the purchaser who imports them to foreign
markets, — "

Be it therefore enacted,

[Sect. 4.] That all boards that are brought to market shall be full
one inch thick, and of a square edge, to be reckoned merchantable ;
and that the surve3'or or surveyors upon oath are hereby authorized and
required to make proper allowance to the purchaser, in their admeasure-
ment, for those boards that are short of an inch in thickness, and that
are not square-edged, as well as for those that are split and knotty.

[Sect. 5.] This act to continue and be in force for the space of
five years from the publication thereof, and no longer. [^Passed October
10 ; published October 12.

CHAPTEK 11.

AN ACT IN ADDITION TO AND EXPLANATION OF AN ACT MADE THIS
PRESENT YEAR, INTITLED " AN ACT FOR GRANTING UNTO HIS MAJ-
ESTY SEVERAL RATES AND DUTIES OF IMPOST AND TONNAGE OF
SHIPPING."

Preamble. Whereas in and by an act made and pass'd this present year, inti-

1750-51, chap. 6. tied " An Act for granting unto his majesty several rates and duties of
impost and tonnage of shipping," it is provided, "Tliat all penalties^
fines and forfeitures ac[c]ruing and arising b}' virtue" of the said act,
" shall be one half to his m-ijesty, for the uses and intents for which the "
duties of impost therein mentioned " 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

[2d Sess.] Province Laws. — 1750-51. 535

whole charge of prosecution to be taken out of the half belonging to

the informer," — .. i rr ^

Be it enacted by the Lieut[enan\t-Governour, Council and House of

Representatives^

That from and after the publication of this act, in all cases where ciaimerofgoods
any claimer shall appear, and shall not m[a]ke good the claim, the fmpost-o^fflce^r,
charges of prosecution shall be born and paid by the said claimer, and Si^'daimftf "'^
not by the informer; anything in the afores[ai]d act, or any part pay charges,
thereof, to the contrary notwithstanding. \_Passed October 6 ; published
October 12.

536 Pkoyince Laws.— 1750-51. [Chap. 12.]

ACTS

Passed at the Session begun and held at Boston,
ON the Tenth day of January, A. D. 1750-51.

CHAPTER 12.

AN ACT TO REGULATE THE IMPORTATION OF GERMANS AND OTHER
PASSENGERS COMING TO SETTLE IN THIS PROVINCE.

Preamble. Whereas Germans and other persons may be imported in so great

numbers in one vessel, that through want of necessary room and ac-
commodations, they may often contract mortal and contagious distem-
pers, and tliereby occasion not only the death of great numbers of them
in their passage, but also by such means on their arrival in this prov-
ince, those who may survive, may be so infected as to spread the con-
tagion, and be the cause of the death of many others ; to the end, there-
fore, that such an evil practice may be prevented, and inconveniencies
thence arising avoided as much as maj' be, —

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

Sufficient room [Sect. 1.1 That from and after the publication of this act, no mas-

iiit'i provisions *- ^ ■*■

tobofliiowt'd to ter or commander of any ship, or other vessel whatsoever, bound to the
EfglaTnyvcS P^i't of Bostou, or elsewhcrc within this province, shall import into said
to fettle in this port of Boston, or into any other port witliin this province, any greater
province. number of passengers, in any one ship or other vessel, than such only as

shall be well provided with good and wholesome meat, drink and other
necessaries for passengers and others, during the whole vo3'age ; and
shall have room therein to contain, for single freight or passengers of
the age of fourteen 3'ears or upwards, at least six feet in length, and
one foot and six inches in breadth, and if under the age aforesaid, to
contain the same length and breadth for every two such passengers,
dennquent^"^ [Sect. 2.] And if any master or commander of anyship or other
master. vesscl, against the tenor of this act, shall import into this province any

one or greater number of passengers not accommodated or provided
during his voyage with good and wholesome meat, drink, room and
other necessaries as aforesaid, such master or commander shall forfeit
and pay, for every passenger so imported into this province, the sum of
five pounds ; to be recovered by action of debt, with full costs of suit,
in any court of record within this province : the one half of said for-
feiture to any one who will sue for the same to effect, and the other
half to the province treasurer, to be applied towards pa3'ment of the
charges and expences of this province : provided^ such action shall be
commenced witbin the space of forty da^^s next after any such offence
shall be committed ; or such delinquent may be indicted for the same
in the next court of general sessions of the peace for the county where
the offence shall be committed, and, on due conviction, be fined, at the

[3d Sess.J Province Laws.— 1750-51. 537

discretion of tlie court, not exceeding five pounds for each passenger
exceeding the number by this act allowed to be imported as aforesaid.

And to the end this act and the provisions herein made may be more
particularly observed, —

Be it farther enacted^

[Sect. 3.] That the commissioner of impost for the time being, or The impost-
Ms lawful deputies, in going on board any ship or other vessel import- dcpmies'em"^
ing passengers, either by his or their view, or otherwise, shall, and is P^^^^g'^'jf ^^^
hereby required to, inform himself of the condition and circumstances referring to the
of the passengers on board, and whether they have been provided for, tws'act!''^" °^
and accommodated with the provisions, room and other necessaries
herein directed ; and where at any time a deficiency shall appear to him
or any of them, he or tliey shall forthwith give notice of the same to
some one or more of the justices of the peace for the county where the
offence is committed, to the end the person or persons delinquent may
be sent for, or bound over, to the next court of general sessions of the
peace, then and there to answer for such offence.

And he it further enacted,

[Sect. 4.] That every master or commander of any ship or other Provision for
vessel importing any passenger or passengers to be landed within this monef, goods,
province, who, in their passage hither, or soon after their arrival, ma}^ ft^i' ersTh^a?^^*
happen to die, leaving goods, chatties, money or other effects on board may die on the
such ship or other vessel, or in the hands or custody of any such mas- P'^'s^age.
ter or commander, ever}' such master or commander, within the space
of twenty days next after his arrival, or after the decease of every such
passenger, shall exhibit to the register of the judge of probate of wills
and granting administration, for the county where such goods and effects
shall be, a true and perfect inventory, upon oath, of all such goods,
chatties, money or other effects, to the end that after payment of all
just demands which shall be due to the said master or commander, or
to his or their owner or owners, the remainder of such goods and effects
may be committed to the custody of some proper person or persons for
the benefit of the wife and children, or other kindred, or creditors of
the deceased, as the case may require, and the law in such case shall
direct.

And he it further enacted^

[Sect. 5.] That if any such master or commander of anj- such ship Penalty for any
or other vessel shall neglect or refuse to exhibit such an inventory of ^/'ex'bibitinl' an
the goods and effects of any such passenger or passengers so dying as inventory of
aforesaid, every such master or commander shall forfeit and pay the ^""^ ^°° *'
sum of two hundred pounds, to be recovered and applied as aforesaid.
\_Passed February 6, 1750-51.

CHAPTER 13.

AN ACT FOE, HOLDING A SUPERIOUR COURT OF JUDICATURE, COURT
OF ASSIZE AND GENERAL GOAL DELIVERY AT OTHER TIMES THAN
THOSE ALREADY APPOINTED BY LAW.

"Whereas the time by law appointed for holding the superiour court Preamble,
of judicature, court of assize and general goal delivery is but once in 1747-48, chap. 15.
six months in any count}-, and but once a year in ma.ny counties, b}^
reason whereof felons, b}' making their escape, or b}^ the death of wit-
ressos, may avoid justice, or great charges may arise by keeping such
offenders in goal, as well as damages accrue to witnesses b}' being de-
tained until[i] the time by law ai^pointed for holding the court where
68

538

Province Laws. — 1750-51. [Chap. 14.]

Governor and
council em-
poworud to call
a special court
of assize, &c.

How the court
may be ad-
journed.

such offenders are triable ; and as there is not b}^ the laws of this prov-
ince, sutficieut provision made for remedying the incoavenienc[i]e3
aforesaid, —

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

[Sect. 1.] That the governonr or commander-in-chief, for the time
being, by and with the advice and consent of the council, may, upon
such occasions, by precept, directed to the justices of the superiour
court of judicature, court of assize and general goal delivery, order and
appoint them to hold a superiour court of judicature, court of assize
and general goal delivery for inquiring of, hearing and determining all
such felonies, on certain days and places b_y them to be appointed in the
county where such offence b}' law is triable ; and that the justices afore-
said, upon the receipt of such precept, shall cause process to issue for
summoning grand jurors and petit jurors out of the several towns, — as
is usual for the stated courts, — to attend such special court at the time
and place appointed by the justices thereof for holding the same, and
make out all other necessarj^ process ; and do whatever else is or may
be requisite to be done for the holding such court, inquiring of such
felonies, hearing and determining the same, giving judgment and
awarding execution thereon, as fully as the superiour court of judica-
ture, court of assize and general goal delivery might or could do at a
time by law appointed for holding such court.

And he it farther enacted,

[Sect. 2.j That, if any such special court can't be held on the day
appointed therefor, any one of the justices thereof may adjourn the
same from time to time until[l] such court can be held. \_Passed Feb-
ruary 11* ; published February 16, 1750—51.

CHAPTEK 14.

AN ACT FOR RAISING THE SUM OF TWELVE HUNDRED POUNDS BY
LOTTERY, FOR BUILDING AND MAINTAINING A BRIDGE OVER THE
RIVER PARKER, IN THE TOWN OF NEWBURY, AT THE PLACE CALLED
OLDTOWN FERRY.

Preamble.

A lottery to be
set up in New-
bury for build-
ing a bridire
over the river
Parker.

Whereas the building a bridge over the river Parker, in the town of
Newbury, in the county of Essex, at the place called Oldtown Ferry,
will be of publick service ; and whereas the town of Newbury have, by
Mr. Daniel Farn[a][?<]m, their agent, applied to this court for liberty
to raise the sum of twelve hundred pounds, by lottery, for building and
maintaining a bridge over the said river, at the ferry-place aforesaid,
under the direction of persons to be appointed by this government, —

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

That Thomas Berry, John Greenleaf, Joseph Gerrish and Joseph
Atkins, Esquires, and the said Daniel Farn[a][w]m, or any three of
them, be and hereby are allowed and impow[e]red to set up and carry
on a lottery, within the said town of Newbury, amounting to such *a
sum as, by drawing ten per cent out of each prize, they may thereby
raise the sum of twelve hundred pounds ; to be applied, by them or ^ny
three of them, towards building and maintaining a good and sufRcient
bridge at the place aforesaid, and for defraying the necessary charges
of the lottery aforesaid ; and that the said Thomas Berry, John Green-

* Accordins to the memorandum on the engrossment, the bill was signed February 9;
but the record has been followed above.

[3d Sess.] Province Laws.— 1750-51. 539

leaf, Joseph Gerrish, Joseph Atkms and Daniel Farn[a][?«]m, or any
three of them, be and hereby are impow[e]red to make all necessary
rules for the regular proceeding therein, and shall be s^orn to the
faithful discharge of their trust aforesaid, and be answerable to the
purchasers and drawers of the ticket [t]s for any deflcieney or miscon-
duct ; and that the mone}' so raised shall be applied to the uses and
purposes aforesaid. [^Passed January 29 ; published February 16,
1750-51.

CHAPTER 15.

AN ACT FOR SUPPLYING THE TREASURY WITH TWENTY-SIX THOU-
SAND SEVEN HUNDRED MILL'D DOLLARS.

Whereas the paj-ment of the publick debts of this government re- Preamble,
quires a speedy and further supply of the treasur}- ; and as the circum-
stances of the several towns in the province are so alter'd since the last
valuation was taken, as that a just and equal tax can't be levied;
therefore, —

Be it enacted by the Lieutenant-Governoicr, Council and House of
Representatives^

[Sect. 1.] That any person or persons may adventure, advance and Persons allowed
pay to the managers or directors hereinafter named, three mill'd dol- ucke'tl^'^'
lars, and as many times that number of such dollars as the}' please ;
and that every adventurer, for every three such dollars so advanced,
shall have such right and interest in the lottery hereby established as
is hereafter provided.

And he it farther enacted,

[Sect. 2.] That Samuel Watts, Esq., Thomas Hutchinson, Esq., Names of the
Joseph Richards, Esq., Mr. Harrison Gray and Mr. James Russel, directors! °*^
or any three of them, shall be managers or directors for preparing and
delivering out tickets, and to oversee the drawing of lots, and to order,
do and perform such other matters and things as are hereafter, in and
by 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 every leaf shall be divided into three columns, and upon the
innermost of said three columns, there shall be printed eight thousand
nine hundred tickets, numbered one, two, three, and so on, progres- Number of
sively, 'till the}' arrive to the number of eight thousand nine hundred ; tickets aud
and upon the middle column, in every of the said books, shall be printed
eight thousand nine hundred tickets, of the same breadth and form, and
numbered in like manner ; and in the extreme column of the said books, .
there shall be printed a third rank of* series of tickets, of the same num-
ber 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 con-
venient, 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 year of our Lord, these words, "MAS-
SACHUSETTS GOVERNMENT LOTTERY."

And it is further enacted,

[Sect. 3.] That the said managers and directors shall, upon pay- How tickets are
ment of three dollars, as aforesaid, for a ticket, from any person or ^° ^^ delivered.

* Sic, or ?

540

Province Laws. — 1750-51.

[Chap. 15. J

Tickets to be
indented, rolled
lip, and put into
boxes, &c.

Books to be
prepared, and
tickets printed
therein.

The number
and sum of the
benefit tickets.

Benefit tickets
to be rolled up
and i)ut into a
separate box.

persons adventuring in this lottery, cut out of the said book or books,
so as to put into bis or their custod}', through the said oblique lines,
flourishes or devices, indeutwise, one of the tickets in the said extreme
cohinins, which shall be signed by one of the said managers or directors ;
and the ticket so cut off shall be delivered to such adventurer as
aforesaid.

And be it farther 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 at-
tend, cause all the tickets in the middle column of the books aforesaid,
to be cut off, indcntwise, through the said oblique lines, flourishes or
devices, and to be carefully roll'd up, and made fast with thread or silk,
and to be put into a box to be prepared for that purpose, and to be
marked 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 wiih their seals, until 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 dis-
covering any mistake or fraud, if an}' should happen to be committed
contrary to the true meaning of this act.

And he it farther 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 every leaf
shall be divided or distinguished into two columns, and upon the inner-
most of those two columns there shall be printed eight thousand nine
hundred tickets, and upon the outermost of said two columns there
shall be printed eight thousand nine hundred 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 outermost ticket ma}' be cut off indentwise ; and that two
thousand two hundred and twenty-five tickets, part of those to be con-
tained in the outermost columns of the books last mentioned, shall
be and be called the " benefit tickets," to which extraordinary benefits
shall belong, as hereinafter mentioned. And the said managers and
directors shall cause the said benefit tickets to be written upon or other-
wise expressed, as well in figures as in words at length, in manner fol-
lowing ; that is to say, upon one of them, one thousand dollars ; upon
another of them, six hundred dollars ; upon another of them, four hun-
dred and fifteen dollars ; upon two of them severally, three hundred
dollars ; upon three of them severally, two hundred dollars ; upon four
of them severally, one hundred and fifty dollars; upon eight of them
severally, one hundred dollars ; upon ten of them severally, seventy-five
dollars ; upon twenty of them severally, fifty dollars ; upon seventy of
them severally, forty dollars ; upon one hundred of them severally,
thirty dollars ; upon two thousand and five of them severally, seven
dollars. And the said managers shall cause all the said tickets con-
tained in the outermost column of the last-mentioned books to be, in
the presence of such of the said adventurers as may be there, to be care-
fully cut out, indentwise, through the said flourish or device, and care-
fully rolled up, and fastened with thread or silk, and to be put into
another box to be prepared for that purpose, and to be marked 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
by each of said managers, — and to be sealed up with their seals, until
these 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 said managers

[3d Sess.] PpovixcE Laws. — 1750-51. 541

and directors, within six 6aj3, at least, before the drawing of the said
lottery shall begin.

And be it further enacted,

[Sect. G.] That on or before the eighteenth day of April next Time ana place
(notice of the time being given in the publick prints at least fourteen uckaT'"^' ''^^
days before), the said managers and directors 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 l\y 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 pur-
pose, and shall then and there severally attend this service, and cause
the two boxes containing the tickets to be severally 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 satisfaction of themselves,
well shaken and mingled in each box distinctly ; and someone fit person,
to be appointed and directed by the managers aforesaid, or the mnjor
part of them, shall takeout and diaw oue ticket from the box where the
said numbered tickets shall be itut as aforesaid, and one other indifferent
and fit person, to be appointed and <lirected in like manner, shall pres-
ently takeout a ticket or lot from the box where the said two thousand
two hundred and twenty-five benefit, and six thousand six hundred and
seventy-five blank, tickets shall be promiscuously put as aforesaid, and
immediately both the tickets so drawn shall be opened, and the number
of the benefit, as well as the 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 the box containing the benefit, and Benefit tickets
blank, lots, shall appear to be one of the benefit tickets, then the number lhe^°lo?k'or'^ ''^
of dollars written upon such benefit tickets, whatever it be, shall be <='erk8.
entred, by 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 office, 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 filingthe same, and by entring the benefit lots in such method
as is before mentioned, until tlie whole number be compleatly drawn ;
and if the same cannot be performed in one day's time, the said raana- Managers may
gers shall cause the boxes to be locked up ajid sealed in manner as dai^t'o daj^uii
aforesaid, and adjourn 'till next da}', and so from day to day, and every aiiare drawn.
day, except on the Lord's day ; and then open the same and proceed as
above, 'till the said whole number 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 they
shall take them out to examine, adjust and settle the property thereof.
And, as soon as conveniently may be after the drawing is over, the said
managers are required to cause to be j^rinted and published, the number
of the ticket drawn against each benefit ticket, and the number of dol-
lars 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 agreeing therein, shall determine to whom it doth or
ought to belong.

[Sect. 7.] And if any person shall forge or counterfeit any ticket or Penalty for per-
tickets to be made forth on this act, or alter any of the numbers, certi- o?"comlterfeu "^

tickets, &c.

542

Province Laws. — 1750-51. [Chap. 15.]

The managers
to commit such
to prison.

ficate or certificates thereof, 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 olher person, to the intent to defraud this prov-
ince, or any adveuUuer 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 forgerv.

[Sect. S.] And the said managers or directors, or any two of them,
are hereb}' 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 always, —

And 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 ; viz., —

^lollars to be
lodged with the
treasury before
the time of
drawing.

Director's oath. I, A. B., do swear that I will faithfully execute the trust reposed in me,
and that 1 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 practice to be done by any
person whatsoever, and that I will, to the best of my judgment, declare to
whom any prize, lot or ticket does of right belong, according to the true
intent and meaning of the act of this province, made in the twenty-fourth
year of his majesty's reign in that behalf. So help me God.

— which shall and may be administred by any two or more of the
other managers and directors.

Be it further enacted,

[Sect. 10.] That the managers or directors of said lottery, shall
pay into the hands of the treasury all such number of dollars as they
shall receive for the sale of the tickets, before they proceed to draw
said lottery. And one or more of the managers or directors aforesaid,
after the drawing of said lottery is compleated, are hereby ordered and
directed to certify upon each benefit ticket the number of dollars it drew
in said lottery ; and the treasurer of the province for the time being, is
hereby impowred and directed to pay off all such benefit tickets to the
possessor or possessors thereof, in one year from the drawing of said
lotter}', with three per cent for the same until paid, without any deduc-
tion ; which will make in the whole twenty-six thousand two hundred
dollars. •

And be it further enacted,

[Sect. 11.] That if any of the aforesaid numbered tickets shall
remain in the hands of the directors or managers, undispos'd of when
the time set by this act for drawing said lottery shall be arriv'd, 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'd tickets shall be, by the directors or managers,
given out to the province treasurer, in order to be drawn for the province.

Provided, notwithstanding, —
Proviso. [Sect. 12.] That if there should not be at least five thousand tickets

disposed of at the time appointed for drawing the lottery, the mana-
gers and directors aforesaid shall wholly desist from any further pro-
ceedmgs until they shall receive further orders from the general court,
anything in this act to the contrary notwithstanding.

And as a fund and security for paying off the benefit tickets, —

Tickets not
taken up to be
for the prov-
ince.

[3d Sess.] Province Laws. — 1750-51. 543

Be it further enacted,

[Sect. 13.] That there be and hereby is granted unto his most ex- Tax on polls
cellent majesty, a tax of eight thousand and ten pounds, to be levied on paying benefit
polls, and estates real and personal, within this province, according to tickets.
such rules and in such proportion on the several towns and districts
within the same, as shall be agreed on and ordered by the general court
of this province at their session in May, one thousand seven hundred
and fift} -one, which sum shall be paid into the treasury on or before the
first day of February next after.

Be it further enacted,

[Sect. 14.] That in case the general court shall not, at their session Tax to be made
in May next, and before the twentieth day of June, one thousand seven precedinf tax^*
hundred and fifty-one, agree and conclude upon an act apportioning the act, incase.
sum which b}- this act is engaged shall be, in said year, 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 propor-
tion of the said sum as the said towns and districts should have been
taxed by the general court in the tax act then last preceeding : saving
what relates to the pay of the representatives, which shall be assess'd on
the several towns they represent ; and the province treasurer is hereby
fully impowred and directed, some time in the month of June, in the
year one thousand seven hundred and fifty-one, 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 directed and
engaged to be assess'd, and also for the fines upon the several towns
that have not sent a representative ; and the assessors, as also persons
assessed, shall observe, be govern'd by, and subject to all such rules and
directions as have been given in the last preceeding tax act.

And be it further enacted,

[Sect. 15.] That the sum of seven thousand eight hundred and sixty
pounds shall be issued out of the treasurj-, in manner and for the pur-
poses following; viz., the sum of two thousand five hundred and sixt}- £2,56o for forts
pounds, part of the aforesaid sum of seven thousand eight hundred and ^*^ garrisons.
sixt}^ pounds, shall be applied for the service of the several forts and
garrisons within this province, pursuant to such orders and grants as
are or shall be made by this court for those purposes ; and the farther
sum of sixteen hundred pounds, part of the aforesaid sum of seven £i,60o for pur-
thousand eight hundred and sixty pounds, shall be applied for the ^I'g'jo^f ^'g "
purchasing provisions and the commissarie's necessar}- disbursements
for the service of 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 further sum of one thousand and forty pounds, part £i,040 for pre-
of the aforesaid sum of seven thousand eight hundred and sixty pounds, gran^!''"*^
shall be applied for the payment of such praemiums and grants that now
are, or hereafter may be made by this court ; and the further sum of one £1,520 for debts
thousand five hundred and twenty pounds, part of the aforesaid sum of no^cstaWjJh.'*
seven thousand eight hundred and sixt}' pounds, shall be applied for ment.
the discharging 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 establishment nor any certain sum assign'd
for such service, and for paper, writing and printing for this court ; and
the sum of one thousand and forty pounds, part of the aforesaid sura of £i,040 for the
seven thousand eight hundred and sixty pounds, shall be applied for "ourt^"*"
the payment of his majesty's council and house of representatives,
serving in the general court during the several sessions for this present
year.

544

Province Laws.— 1750-51. [Chaps. 16, 17.]

£100 for contin-
gfUt cbargus.

Remainder to
be and remain
as a stock in the
treasury.

Money to be
paid out of the
proper appro-
priations.

Directors' al-
lowance to be
made by the
general court.

And whereas there are sometimes contingent and unforeseen charges
that demand prompt payment, —

Be it further enacted^ ■

[Sect. 16.] That the sum of one hundred pounds, being the remain-
ing part of the aforesaid sum of seven thousand eight hundred and sixty-
pounds, be applied to pay such contingent charges, and for no other
purpose whatsoever.

Provided ahvays^ —

[Sect. 17.] That the remainder of the sum which shall be brought
into the treasury by the tax aforesaid, over and above what shall he
sufficient to pay off the benefit tickets as aforesaid, shall be and remain
as a stock in the treasury, to be applied as the general court of this
province shall hereafter order, and to no other purpose whatsoever ; any
thing in this act to the contrary notwithstanding.

And be it further enacted,

[Sect. 18.] That the treasurer is hereby directed and ordered to pay
the sum of eight thousand and ten pounds, as aforesaid, out of such
appropriations as shall be directed to bj^ warrant, and no other, upon
pain of refunding all such sum or sums as he shall otherwise pay ; and
the secretary to whom it belongs to keep the muster-rolls and accompts
of charge, shall lay before the house of representatives, when they direct,
such muster-rolls and accompts after payment thereof.

And be it further enacted,

[Sect. 19.] That the directors or managers by this act appointed,
shall have such allowances for their sei'vices as the general court shall
hereafter order, and in case of the death, refusal or incapacity of at-
tendance of any one or more of said managers, the vacancy shall be
fiU'd up by the governour and council. [Passed February 8 ; published
February 16, 1750-51.

Governor's
grant.

CHAPTEK 16.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED POUNDS, FOR
THE SUPPORT OF HIS HONOUR THE LIEUTENANT-GOVERNOUR AND
COMMANDER-IN-CHIEF.

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

That the sum of three hundred pounds be and hereby is granted unto
his most excellent majesty, to be paid out of the publick treasury to his
honour Spencer Phips, EsqC"^!., lieutenant-governour and commander-in-
chief in and over 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. {^Passed February 15 ;* published February 16,
1750-51.

CHAPTEK 17.

AN ACT FOR PREVENTING AND SUPPRESSING OF RIOTS, ROUTS AND
UNLAWFUL ASSEMBLIES.

Preamble. Whereas the provision already made by law has been found insuffi-

cient to prevent routs, riots and tumultuous assemblies, and the evil
consequences thereof ; wherefore, —

* See the note to this chapter, post.

[3d Sess.] Peovtnce Laws. — 1750-51. 545

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

[Sect. 1.] That from and after the publication of this act, if any oflScers to make
persons, to the number of twelve or more, being arm'd with clubs or when'^JJlrs'ons
other weapons, or if any number of persons, consisting of fifty or assembled'^
upwards, whether armed or not, shall be unlawfully, riotously or
tumultuously assernbled, any justice of the peace, field officer or cap-
tain of the militia, sheritf of the county or undersheriff, or any con-
stable of the town, shall, among the rioters, or as near to them as he
can safely come, command silence while proclamation is making, and
shall openly make proclamation in these or the like words : —

Our sovereign lord the king chargeth and commandeth all persons being Form of the
assembled, immediately to disperse themselves, and peaceably to depart to proclamation.
their habitations, or to their lawiul business ; upon the pains contained in the
act of this province made in the twenty-fourth year of his majesty King
George the Second, for preventing and suppressing of riots, routs and un-
lawful assemblies. God save the king.

And if such persons so unlawfully assembled, shall, after proclama-
tion made, not disperse themselves within one hour, it shall be lawful
for every such officer or officers, and for such other persons as he or
they shall command to be assisting, to seize such persons, and carry
them before a justice of the peace ; and if such person shall be killed
or hurt b}' reason of their resisting the persons so dispersing or seizing
them, the said officer or officers and their assistants shall be indemni-
fied and held guiltless.

[Sect. 2.] And all persons who, for the space of one hour after Penalty for dig
proclamation made as aforesaid, — or to whom proclamation ought to ''^^'i*'^"*'^-
have been made, if the same had not been hindred, — shall unlawfully,
routously, riotously and tumultuously continue together, or shall wil-
fully let or hinder anj' such officer, who shall be known, or shall openly
declare himself to be such, from making the said proclamation, shall
forfeit all their lands and tenements, goods and chatties, to his majesty
(or such a part thereof as shall be adjudged by the justices before whom
such offence shall be tried), to be applied towards the support of the
government of this province ; and shall be whipt thirty-nine stripes on
the naked back at the publick whipping-post, and suffer one year's
imprisonment, and once every three months during said imprisonment
receive the same number of stripes on the naked back at the publick
whipping-post as aforesaid.

[Sect. 3.] And if any such person or persons, so riotously assem-
bled, shall demolish or pull down, or begin to demolish or pull down,
any dwelling-house or other house parcel thereof, any house built for
publick uses, any barn, mill, malt-house, store-house, shop or ship, he
or they shall suffer the same pains and penalties as are before provided
in this act.

Aiid be it further enacted,

[Sect. 4.] That this act shall be read at every general sessions of This act to be
the peace, and at the anniversary meeting of each town, within this veiwVmeeting
province, annually ; and no person shall be prosecuted for any offence of the towns
contrary to this act, unless pi'osecution be commenced within twelve sessionrof the
months after the offence committed. p^**'^-

Provided always, —

[Sect. 5.] That where there shall appear any circumstances to miti- judges empow-
gate or alleviate any of the offences against this act, in the judgment fhe'punrs^imcnt
of the court before which such offence shall be tried, it shall and may of whipping, m
be lawful for the judges of such court to abate the whole of the pun- *^"^^' *
69

546 Pkovince Laws.— 1750-51. [Chaps. 18, 19. J

ishment of whipping, or such part thereof as they shall judge proper ;

anything in this act to the contrary notwithstanding.
Continuance of [Sect. 6,] This act to continue and be in force for the space of
I e act. three years from the publication thereof, and no longer. [_Passed and

published February 14, 1750-51.

CHAPTER 18.

AN ACT IN ADDITION TO AN ACT, INTITLED «'AN ACT TO PREVENT
DAMAGE BEING DONE ON THE BEACH, HUMOCKS AND MEADOWS
BELONGING TO THE TOWN OF SCITUATE, LYING BETWEEN THE
SOUTHERLY END OF THE 'THIRD CLIFT,' SO CALLED, AND THE
MOUTH OF THE NORTH RIVER."

Preamble. "Whereas in and by an act made and passed in the twenty-third year of

1749-50, chap. 14. jjig present majesty's reign, intitled "An Act to prevent damage being
done oo the beacli, humocks and meadows belonging to the town of
Scituate, lying between the southerly end of the ' Third Clift,' so called,
and the mouth of the North River," the penalt[y][ie]s for turning or
driving neat cattle, horse-kind, sheep or goats upon such beach, hum-
ocks or sedge-ground adjo[y][(']ning to said beach, to feed thereon, are
to be recovered from him or them that shall so drive said cattle, horse-
kind, sheep or goats, or from the owner or owners of them that shall
so order them to be driven ; and it is found, by experience, that proof
thereof can seldom be obtained, whereb}' the good end and design of
said act in a great measure is defeated, —

Be it therefore enacted by the Lieutenant-Governour, Council and
HoxLse of Representatives^
Neat cattle and [Sect. 1.] That if any neat cattle, horse-kind, sheep or goats shall
"o^be^mpounT be fouud feeding on said beach, humocks, meadows or sedge-ground
ed if found feed- adjoyuing to Said beach, it shall and may be lawful for any person to
meadowsl* &c. impound the same, such person to observe the rules and directions in
the said act prescribed in case of impounding ; and the owner or own-
ers of them shall forfeit and pay to the impounder one shilling a head
for all neat cattle and horse-kind, and twopence for every sheep or
goat; and the said penalt[y][«e]s or forfeitures shall be paid, before
the creatures, which shall or may be impounded by virtue of this act, be
discharged or released by the pound-keeper.
Provided, nevertheless, —
Rates to be paid [Sect. 2.] The owner or owners of the creatures so impounded
po^imieVcTeat. may, if they think fit, replevie such creatures, on condition they give
^•■es- sufficient bond, with one or more suret[y][ze]s, to prosecute such re-

plevin to effect before some justice of the peace in the same county,
within fifteen days from the date of such replevin, and to pay all such
forfeitures and costs as shall be awarded or adjudged against them.
[^Passed February 8 ; published February 16, 1750-51.

CHAPTER 19.

AN ACT FOR GRANTING UNTO BENJAMIN CRABB THE SOLE PRIVI-
LE[D]GE OF MAKING CANDLES OF COARSE SPERMACETI OYL.

Preambit. "Whekeas Benjamin Crabb, of Rehoboth, in the county of Bristol,

has represented to this court that he, and no other person in the prov-

[3d Sess.] Peovince Laws. — 1750-51. 547

ince, has the art of pressing, fluxing and chrystalizing of spermacseti
and coarse spermacaeti oyl, and of making candles of the same so pre-
pared, and has been at great expence in providing himself with proper
implements therefor, and is willing, on due encouragement, to under-
take and carry on that business here, and to teach and instruct five of
the inhabitants of this province his art aforesaid : this court being
willing to encourage an undertaking so likely to prove beneficial to the
province ; therefore, —

Be it enacted hy the Lieutenant- Governour, Council and House of
Rejnesentatives^

[Sect. 1.] That the said Benjamin Crabb, and his heirs, shall and Benj. Crabb to
may have and enjoy the sole use, exercise and benefit of making candles privli'^e Tf ^
of coarse spermacseti oyl so prepared, until fl] the thirty-first day of "laking candies

of coif'^G socr

May, which shall be in the year of our Lord one thousand seven hun- maceti-oii.
dred and sixty-one : provided, that he do forthwith [i] [e] ngage in and Proviso-
carry on the business aforesaid, within this province, and shall, some
time before the thirty-first day of May, one thousand seven hundred
and fifty-two, remove to some place within seven miles of the town of
Boston, and there set up works suitable for carrying on the said busi-
ness, and shall then and there manufacture all such quantities of oyl as
can be procured fit for the purpose ; and shall likewise, within five 3-ears
from the publication of this act, well and fully instruct five of the in-
habitants of this province, two of whom shall be appointed by the
general court if they see cause, in the art aforesaid.

And he it further enacted,

[Sect. 2.] That no person or persons, saving such only as shall Penalty for
have first obtained the consent of s[ai]d Crabb or his heirs, signified the'^saicfcandiei
under his or their hand, in writing, shall sell within this province, or without his
export out of it, any candles made of the oyl prepared as aforesaid,
during the time the said Crabb and his heirs are intit[u]led to the
privile[c?]ge aforesaid, other than such as are made by the said Crabb,
his heirs or assigns, on pain of forfeiting [ten*] pounds for each offence.
\^Passed February 20 ; published February 23, 1750-51.

* This word is gone from the parchment, which is mutilated.

548

Provinice Laws. — 1750-51. [Chap. 20.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-seventh day of March, A. D.

CHAPTER 20.

Preamble.

1750-51, chap. 15,
§6.

Lottery to be
drawn the 5th
of June next,
in case.

Province bills
and orders on
the treasury to
be received for
tickets.

Preamble.

Bix per cent
per annum
allowed for

AN ACT IN ADDITION TO AN ACT INTITLED " AN ACT FOR SUPPLYING
THE TREASURY WITH TWENTY-SIX THOUSAND SEVEN HUNDRED
MILL'D DOLLARS."

Whereas hj the act aforesaid, for the supply of the treasury, it is
enacted that it shall be done by a lotterx^, and the drawing of said lot-
tery is fix'd upon the eighteenth of April, provided five thousand
tickets should then be disposed of; and whereas there is no prospect of
that number being sold by that time, —

Be it enacted by the Lieutenant-Governour, Council and House of Rep-
resentatives,

[Sect. 1.] That the time for drawing said lottery be and hereby is
put off to the fifth day of June next, at which time the managers and
directors are ordei'ed and impowered to proceed to drawing of said lot-
tery, if the aforesaid number of five thousand tickets shall then have
been disposed of.

And for the encouragement of said lottery, —

Be it further enacted,

[Sect. 2.] That the managers or directors be and are hereb}' im-
powered and directed to receive province bills, as well as silver, for said
tickets, as also warrants on the treasury for any demands that the
money received by virtue of this lotteiy is appropriated to discharge.
And the said directors or managers are hereby enjoined to deliver to
the province treasurer all such sums of money as they have already
received, and such sums as from time to time the}' shall receive, for
tickets that have or ma}' be disposed of; and the said treasurer is
directed to receive the same, and give his receipts therefor, as also to
receive, as equal to money, such warrants as shall be delivered to said
directors in exchange for the tickets. And the directors or managers
shall give publick notice in the newspapers at least ten days before the
drawing of the lottery, that so the adventurers may be present, if they
see fit.

And whereas, in and by said act, it is provided that the benefit tickets
shall be paid within one 3'ear from the time of drawing said lottery, at
the rate of three per cent interest per annum ; now if it should so hap-
pen that there should be any deficiency in the treasury, that the whole
of such benefit tickets cannot be paid according to the true intent of
said act, —

Be it further enacted,

[Sect. 3.] That all and every owner and possessor of such benefit
tickets as shall not be paid ofi" within one year as aforesaid by reason

[4th Sess.] Province Laws. — 1750-51. 549

of such deficiencj', shall draw an interest, after the rate of six per cent tickets not paid
per annum, during the time of such deficiency in the treasury : pro-
vided, demand be made of payment within twenty days after the year
is expired. \_Passed April 18 ; puhlislied April 27, 1751.

CHAPTER 21.

AN ACT PROVIDING FOR THE SUPPORT OF MINISTERS IN NEW PLAN-
TATIONS.

Whereas the power by law granted to the courts of general sessions Preamble.
of the peace within this province to afford relief to ministers who shall I7i5-i6,chap.i7.
not be suitably supported, is so restrained as not to extend to the relief
of such ministers as are or ma}'^ be settled in new plantations not erected
into towns or districts ; and it being necessary that provision be made
by law for the encouragement and maintenance of such, —

Be it therefore enacted by the Lieutenant- Govei'Tioicr, Council and
House of Represeiitatioes,

[Sect. 1.] That in case of neglect in the proprietors or occupants Ministers of
of any new plantation, within this province, in fulfilling their contract or rheTr^suiaHesto'
agreement with the minister or ministers of such plantation, qualified be assessed by
as the law directs, respecting his or their settlement or support, the geneni" se'ssiona
court of general sessions of the peace within and for the county wherein of ti^e peace.
such plantation is, are hereb}^ impowred and directed, upon application
to them made for that purpose, to provide for the relief of such minis-
ter or ministers ; and in case the assessors for such new plantation do
or shall neglect duly to assess and apportion the full sum voted or
agreed on for the settlement or support of such minister or ministers,
according to the true intent of the contract, the said court are hereby
impowred and directed to appoint three or more sufficient freeholders
within the same county, to assess the occupants or proprietors who are
parties to such contract, such sum as, at the time of making such ap-
plication, shall be judged by said court to be due to such minister or
ministers by virtue of such contract, together with such further sum, in
case payment has been long and unreasonably dela3"ed, as said court
shall judge sufficient, to afford to such minister or ministers meet recom-
pence for any damagc[s] sustained by such neglect : such assessment to
be made on the occupants or proprietors, in such proportion as they may
have agreed among themselves, or, if no such agreement shall appear,
as said court shall judge most just and equitable.

[Sect. 2.] And said court shall make out and affix to a list of such Warrant in
assessment a warrant, in like form, mutatis mutandis, as is by law pre- directed t" tho^°
scribed for levying and collecting of town rates or assessments ; which collectors, to

collect said

warrant shall be signed by the clerk of such court, and directed to the a'Ssessment.
collector or collectors of taxes in such plantation, if any there be, or
to such person or persons as said court shall appoint for that purpose,
requiring him or them to collect and levy the sum total of the said list,
and to pa}^ in the same unto such minister or ministers, or to such per-
son or persons as said court shall appoint to receive the same for his or
their use ; and such collector or collectors, or other person or persons
to whom such warrant shall be directed, are hereb}' fully authorized to
execute the same, and to collect such assessment of the persons named
in such list, wheresoever they may be found within this province.

And he it farther enacted,

[Sect. 3.] That when and so often as timeW payment of his or their Delinquent
dues shall be withheld from the minister or ministers of such new plan- coikctorsto*be

550

Province Laws. — 1750-51.

[Chap. 22.]

convented lie-
fore the court.

Fine to be
imposed.

Limitation.

tation, the justices of the said court of general sessions of the peace
are hereby impowred and directed to convent before them the assessors,
collector or collectors, or such others as have been or may be specially
appointed by the occupants or proprietors of such plantation, to take
care in that matter ; and, upon conviction of neglect therein, to impose a
fine on each delinquent not exceeding forty shillings for the first offence,
and upon every after conviction of such neglect, to impose a fine of four
pounds, to be levied by distress and sale of the offender's goods, and to
be applied for the making of meet satisfaction unto the assessors or col-
lectors that may have been appointed and employed by said court in the
service aforesaid ; the remainder, if any be, to be paid to the county
treasurer, for defrej'ing the necessary charges of the county.

[Sect. 4.] This act to continue and be in force for the space of five
years from the publication thereof, and no longer. [_PubUshed * Ajoril
27, 1751.

CHAPTEK 22.

Preamble.
1093-4, chap. 7,
§9-

Fine for sheep
going at large
without a shep-
herd, between
the loth of
March and the
last of October,
yearly, unless
allowed by the
town.

Proviso.

Limitation.

AN ACT IN ADDITION TO AN ACT FOR REGULATING FENCES, CATTLE, &c.

Whereas in and by an act made and pass'd in the fifth year of the
reign of King William and Queen Mary, intitled " An Act for regulat-
ing fences, cattle, &c.," it is enacted, " That for ever3^ sheep in every
town, going on the commons without being under the hand of a shep-
herd, from the first of May to the last of October in ever}' year, the
owner or keeper of the said sheep shall pay the sum of threepence for
every sheep at any time ^o found running on the common, not under the
hand of a shepherd or keeper, betwixt the first of May and last of
October yearly " ; and it being found by experience that great damage
is often done b}' sheep in the month of April, especially among English
grain ; therefore to prevent such incqnveniencies for the future, —

Be it enacted by the Lieutenant- Governoicr, Council and House of Rep-
resentatives,

[Sect. 1.] That for every sheep in any town within this province,
going on the commons or ways, without being under the immediate care
and inspection of a shepherd or keeper, from the fifteenth of March to
the last da}' of October in every j^ear, the owner or keeper of such
sheep shall pay threepence for each and ever}' sheep so found running
on the commons or ways, without a shepherd or keeper, at any time
from the fifteenth day of March to the last of October.

Provided, nevertheless, —

[Sect. 2.] That it shall be in the power of any town, at their an-
nual meeting in March, by a vote, to give liberty for sheep to go at
large, the whole or an}' part of the time, between the said fifteenth day
of March and the first day of May ; and in such case, it shall be lawful
for the sheep in such town to go at large during such time as shall be so
voted ; anything in this or the before-recited act to the contrary not-
withstanding.

[Sect. 3.] This act to continue and be in force for five years from
the publication thereof, and no longer. \_Passed April 26 ; published
April 27, 1751.

* The date of the passage of this act has not been ascertained, owing to the imperfection
cf the records and the loss of the engrossment. The bill took its fii'st reading, in the Coun-
cil, March 29, 1751.

[4th Sess.] Province Laws.— 1750-51. 551

CHAPTEK 23.

AN ACT IN ADDITION TO THE SEVERAL LAWS ALREADY IN BEING FOR
THE MORE SPEEDY FINISHING THE LAND-BANK OR MANUFACTORY
SCHEME.

Whereas an assessment was made by the commissioners appointed Preamble,
by the act of this province, pass'd in the seventeenth year of his present 1743-44, chap. 17.
majesty's reign, intitled "An Act for the more speedy finishing the
Land-bank or Manufactory Scheme," on certain delinquent partners, so
called, and said assessment was published in the "Boston Gazette, or
Weekly Journal," of the 21st of August, 1744 ; and another assessment
was made by said commissioners on other delinquent partners, so called,
and published in the " Boston Gazette, or Weekly Journal," of the
13th of November, 1744 ; and a further assessment was made by said
commissioners on the late directors and partners of said company, and
published in the supplement to the "Boston Evening Post" of the 27th
of December, 1745 : all which assessments have been received in part
only ; and ivhereas, by reason of the burning of the court-house in
Boston, and the papers that were therein relating to the Land-bank or
Manufactory Scheme, it is now become impossible to ascertain the exact
sum which has been paid by said director* and partners in consequence
of said assessments, otherwise than from the books, papers or other
evidence which may be produced by said directors and partners them-
selves,—

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

TSect. 1.1 That each and every one of said late directors and part- Directors and

•- -■,, ., . . ^ , iTiT- partners to be

ners assessed by said commissioners, whose names are published in heki to the pay.
the aforesaid "Gazettes or Journals" of the 21st of August, 1744, ^JJ^^^^ft^Yheir
and of the 13th of November, 1744, and the supplement to the " Boston names in the
Evening Post" of the 27th of September, 1745, and their estates, shall 'i^^,°^)?lf,'''
be held and are hereby declared to be liable to the payment of the sums
affixed to their names, respectively, saving such part thereof only which Saving what is
said directors and partners, or their representatives, shall make appear, ^ ''®^ ^ ^^^ '
by receipts or other evidence which shall be satisfactory to the commis-
sioners, has already been paid in discharge of said assessments ; and
each and every of the said directors and partners in the several assess- six per cent
ments aforesaid, and their estates, shall likewise be held and are hereby added as inter-
declared to be liable to the payment of interest on the whole or such
part of their respective assessments as they shall not make appear to
have been discharged, at and after the rate of six per cent per annum,
to be computed from the time such assessment, or such part thereof,
respectively, as shall remain unpaid, became payable or due, until the
time of payment ; and each and every of the delinquent partners whose Ten per cent
names were published in the "Gazettes" of 21st August and 13th ''^^''^■
November, 1744, and their estates as aforesaid, are held and hereby
declared to be liable to the payment of the further sum of ten per cent ;
and each and every of the directors and partners whose names were jnib- Five per cent
lishcd in the supplement to the "Boston Evening Post" of the 27th charges?*"
December, 1745, and their estates, are held and hereby declared to be
liable to the payment of five per cent on the sums respectively due and
unpaid, over and above the interest aforesaid, in consideration of the
charges which have been caused by their nonpayment of their respective
parts of the assessments aforesaid.

• Sic.

Province Laws.— 1750-51. [Chap. 23.]

Preamble.

Directors to
pay the balances
in the commit-
tee's report.

Warrants to be
issued against
the directors
and partners.

Form of the
■warrants of
distress.

And whereas there appears to be a balance due from several of said
directors, agreable to a report of a committee of the general court,
signed, John Wheelwright, per order, and dated April 17th, 1751, and
the vote or order of the general court accepting said report, amounting,
in the whole, to seven hundred and forty-eight pounds three shillings
and threepence, Land-bank mone}', so called ; and whereas it is reason-
able that each and every of the directors of said company should pay
the sum of forty pounds, Land-bank money, as their proportion to what
the partners have already been assessed for the charge and loss sus-
tained by said Land-bank or Manufactory Company, over and above the
sum of twenty pounds, lawful money, which has heretofore been assessed
on each of said directors, —

Be it therefore enacted,

[Sect. 2.] That the several directors still surviving and mentioned
in said report, and their estates, and also the estates of such of said
directors as are deceased, be and hereby are declared to be held and
made liable to the payment of the aforesaid balances as are respectively
declared by said report to be due from them to said company ; and
also, to the further sum of forty pounds. Land-bank money, each, as
aforesaid, such payments to be made in Land-bank money, or lawful
money equivalent.

And be it further enacted,

[Sect. 3.] That if either of the late directors and partners, or their
heirs, executors or administrators, shall not have paid the sums which,
by this act, thej^ the said directors and partners, or their estates, are
held and made liable to the payment of, on or before the first day of
August, 1751, then, and in such case, the said commissiners* be and
hereby are impowred and required, any judgments of court heretofore
obtained and unsatisfied notwithstanding, forthwith to issue their war-
rants of distress against the persons or estates of each surviving director
and partner, and the estates of each director and partner deceased, from
whom any part of the sura required by this act to be paid as aforesaid,
shall then remain due ; which warrant shall be in the form following : —

To the Sheriff of the County of A., his undersheriflf or deputy, — Greeting :

By virtue of the authority given to us in and by an act made and pass'd
in the twenty-fourth year of his majesty King George the Second, iutitled
" An Act in addition to the several laws already in being for the more speedy
finishing the Land-bank or Manufactory Scheme," these are in his majesty's
name to require you to levy, by distress and sale of the estate of A. B., of C,
in the county of E., the sum of , lawful money, and bring the same to

us at our office in Boston forthwith, returning the overplus, if any be, to the
said A. B. ; and if there cannot be found in your precinct estate sufficient to
discharge the same, then you are to commit the said A. B., if to be found in
your precinct, to the common goal of the county of E., there to remain until he
has paid the said sum of , lawful money, and charges ; for all which this

shall be your sufficient warrant : save, only, that if you shall take the real
estate of the said A. B., that then the said A. B., his heirs, executors, admin-
istrators or assigns, shall have liberty, for three months thereafter, to redeem
the same, and if the same shall not be not redeemed within three months as
aforesaid, by paying said sum of , and charges, then you are required

to sell the same as aforesaid, and return this warrant, and your doings
thereon, into the office of the register of deeds for the county of E., there to
be recorded.

Given under our hands and seals, at Boston, the day of , 175 ,

in the year of our Sovereign Lord, , by the Grace of God

King of Great Britain, &c.

J. J.
S. D.
J. C.
• Sic.

[4Tn Sess.] Pkovince Laws. — 1750-51. 553

[Sect. 4.] And all sheriffs, their undersheriffs and deputies, are Officers em.
impowrcd and required to execute the said warrant on the persons execute said
whose names shall be inserted therein, or their estates, real or personal ; warrants.
and where the sheriff, his undersheriff or deputy is concerned, such
warrant may be directed to the coroner of the county of A., or his dep-
uty, and be executed by either of them ; and as some of said persons
are or may be deceased, or out of the province, before such warrant or
warrants of distress shall be issued, the said sheriffs and coroners are
hereby impowred and directed to take such estate as they may find be-
longed to such deceased person, or was by law liable to be taken, if
such deceased person or persons were then living, and in the province ;
the estate taken, whether real or personal, to be sold, and the overplus,
if any, to be returned, as by law required in ordinary cases of execution
or distress: save, only, tliat the liberty of redeeming the real estate Three months
shall extend to three months only after being taken ; upon the expira- deem reai° ^^'
tion of which term of three months, if the same be not redeemed, the ^^'■^'■'^s-
sheriff*, or other officer who took the same, shall return the warrant of
distress, with his doings thereon, into the otlice of register of deeds in
the county where the lands lie, there to be recorded.

And nhereas it ma}' happen that a further sum may be still necessary Preamble.
to be raised in order to finish the affairs of the said Land-bank or Man-
ufactory Compan}^ —

Be it further enacted,

[Sect. 5.] That if the whole sum which shall be due, and which Commissioners
shall be recovered on or before the first day of December, 1751, on the make7urtber°
several assessments aforesaid, and from the several directors for what assessments.
is by this act declared to be due from them, shall not be sufficient to
exchange the whole of the bills of said company that are now outstand-
ing, and to pay the charges that have arisen or may arise therein, then,
and in such case, the commissioners aforesaid be and hereby are im-
powred and required to make a further assessment on directors and
partners in proportion to the sum which shall appear to the satisfaction
of the commissioners to have been originally received or taken out by
each person : saving, only, that each director shall be assessed in pro-
portion as if he had received or taken out two hundred and fifty pounds,
altho' the certain sum by such director received or taken out shall not
appear.

[Sect. 6.] And said commissioners shall cause such assessment to Assessments to
be published in the \' Boston Gazette or Weekly Journal," and each ^^" ^^ ^ ''.
of the persons who may be so assessed, and their estates, shall be held
and are hereby declared to be liable and obliged to the payment of the
respective sums on them asssessed, in like manner as those directors and
partners who have not paid the former assessments are by this act de-
clared to be liable and obliged to the payment thereof; and if either
of the directors or partners so assessed, or their executors or adminis-
trators, shall not, within sixty days after the publication of such assess-
ment, jiay to said commissioners the sum on such director or partner
assess'd, the said commissioners are hereby required and impowred,
unless such assessment shall be set aside or disannulled by the general
court, forthwith to issue their warrants of distress against the persons Warrants to he
or estates of each surviving director and partner, and the estates of assessmentr
each director and partner deceased, respectively ; which warrants shall
be in the form before prescribed by this act : and all sheriffs, under-
sheriffs and their deputies, and, where they are interested, all coroners,
are impowred and required to execute such warrants in like manner,
and observe the same rules as prescribed for the executing warrants for
any of the former assessments mentioned in this act.

A7id whereas in and by the afore-recited act, intitled " An Act for the Preamble.
70

554: Peovince Laws.— 1750-51. [Chap. 24.]

more speedy finishing the Land-bank or Manufactory Scheme," it is
1743.44, chap. 17, enactod in the words following: " That from and after the publication
of this act, the estate of each and every such director and partner shall
be thereb}^ bound and subjected to the payment of such sum or sums of
money as shall be assessed upon him by the said commissioners, or any
two of them, with the approbation and allowance of the great and gen-
eral court of this province, as is hereinafter mentioned, for the redemp-
tion of their respective proportions of the bills of the said late com-
pany, and their equitable part and share of all losses and charges
arisfng by the said scheme, in such manner as the same 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," —
Be it further enacted,
Real estates [Sect. 7.] That all and every part of the lands and tenements of

eatiify the same, each and every director and partner, which were bound and subjected
by the said last-recited clause, in whose possession soever the same now
is or hereafter may be, be and hereby is declared to continue to be
held subjected and liable to the payment or discharge of the sums de-
clared by this act, respectively, to be due from or required to be assessed
upon such director and partner, as well those who shall be deceased as
those who shall have survived ; and shall be liable to be taken b}' dis-
tress, as if then in the actual possession of such director or partner.
And be it further enacted,
Kotice-tobe [Sect. 8.] That as soon'as the commissioners shall have received a

m^'ioners"^' Sufficient sum, in their judgment, to redeem the Land-bank bills, so
their redeeming called, which may be outstanding, they shall give publick notice thereof,
notesf" "" in all the weekly newspapers published in the tovv^n of Boston, three
weeks successively, of the time or times, and place or places, in said
town, when and where they will attend to redeem said bills ; which
publick notice hereby is made and declared to be a legal tender to all
and every possessor and possessors of said bills. \_Fassed and pub-
lished April 24, 1751. .

CHAPTEE 24.

AN ACT IN FURTHER ADDITION TO AN ACT MADE AND PASS'D IN THE
' TWENTY-SECOND YEAR OF HIS PRESENT MAJESTY'S REIGN, INTITLED
" AN ACT FOR DRAWING IN THE BILLS OF CREDIT OF THE SEVERAL
DENOMINATIONS WHICH HAVE AT ANY TIME BEEN ISSUED BY THE
GOVERNMENT AND ARE STILL OUTSTANDING, AND FOR ASCERTAIN-
ING THE RATE OF COINED SILVER IN THIS PROVINCE FOR THE
FUTURE."

Preamble. Whereas, notwithstanding the provision made for enforcing the pay-

1748.49, chap. 15. mcut of the pubUck taxes into the treasury, many of the constables and
collectors of the towns within this province have neglected or delayed
to pay in the sums committed to them to collect, and other unforeseen
accidents have happened, by means whereof a larger sum in bills of
credit is now outstanding than there is silver in the treasury sufficient
to redeem or exchange, and the possessors of said bills will be injured,
unless relieved by the government, and the paper currency of the prov-
ince cannot be brought to a full period by the time proposed ; in oi'der
therefore that the possessors of the bills which still remain outstanding,

[4th Sess.] Province Laws. — 1750-51. 555

and the possessors of the orders given by the committee of the general
court for bills brought in and burnt, may have justice done them, —

Be it enacted by the Lieutena7it-Governour, Council and House of
Representatives^

[Sect. 1 .] That the possessors of the bills of credit of this province. Possessors of
which are now outstanding, who shall bring in the same by the third of to mie.'oighth'fn
June next, shall be entitled to the immediate exchange of one-eighth silver.
part thereof in silver, at the lil^e rate with those which have been re-
deemed or exchanged already ; and the remaining seven-eighths shall J^^i^Jp™j w^*"
be redeemed or exchanged with silver at the like rate, on or before the the sist of
thirty-first day of December, one thousand seven hundred and fift3'-one, '^^^^ "' '^ '
with the addition of a premium of one per cent, and interest from the
thirty-first day of March last, until paid, at the rate of six per cent per
year : and each and every of the orders which shall have been given
before the thirty-first of March, one thousand seven hundred and fifty-
one, by the committee aforesaid, shall be redeemed and paid off with
silver, at the same time, and at the like rate, with interest as aforesaid, aiio^^ed.*° ^"^
from the date of said order, until paid.

And he it further enacted^

TSect. 2. "I That the committee appointed by the general court, for Committee for
receiving from the possessors the bills of credit of this province, may mu to sitlm
and shall continue to sit until the third day of June next, and no longer ; "^""^ ^' ^''^^•
and whensoever an}^ of the said possessors shall bring any of the said
bills to the committee, such possessor shall receive therefor two orders
for every sum, each order to be signed by three of the committee at
least ; viz., one, for one-eighth part of the principal sum, which the treas- To give two
urer shall cause immediately to be discharged and paid out of the eumreceWed?^
silver now remaining in the treasury', or that may hereafter be bro't in
for taxes, and the other, for seven-eighths of said sum, which order shall
be accepted b}^ the treasurer, and shall be in the form following ; viz., —

To the treasurer of the i^rovince of the Massachusetts Bay,

Sir : Pay to A. B. or bearer, in lawful silver money, at six shillings Form of the

and eightpence per ounce, or Si:)anish milPd dollars, at six shillings apiece, order for seven-
by the thirty-first of December next, with a premium of one per cent, and ®'^
lawful interest for said sum, from thirty-first March past, 'till paid, being
for in bills of credit this province, of the old tenor, received of the said

A. B. this day of , 1751.

And he it further enacted,

[Sect. 3.] That the orders given as aforesaid, shall and may be which may be
received by the several constables and*collectors for all taxes that are cou'ecrors'o/^^
already due, accounting the principal sum onl_y, without any allowance taxes.
for interest or premium, and the treasurer shall receive them from, and
give discharge to, the said collector or constables accordingly ; and in
case any of the said orders shall remain outstanding after the warrants,
for the tax for eighteen thousand four hundred pounds, lawful money,
conditionally engaged to be assessed in the year one thousand seven
hundred and fifty-one, shall go forth, said orders shall be received in
discharge of said tax, accounting both the principal sum, interest and
premium due on said orders, provided the same be paid before the
thirty-first of December next.

And he it further enacted,

[Sect. 4.] That the committee of the general court shall, from day Committee to
to day, transmit to the province treasurer, an exact list of all the orders tiieh™rdei^s to
by them given, and such persons as shall first bring their bills to be the treasurer.
exchanged, and shall first take orders therefor, shall be entitled to have
such orders first paid oflT and discharged ; and immediately upon the Public notice to
treasurer's being possessed of a sum not less than three thousand ^^^"^"^ ®"

55(j , Peovince Laws. — 1750-51. [Notes.]

the treasury is pounds, lawfuI mone}'', in silver, he shall give publick notice in all the
in cash. newspapers, that so as man}' of the first-dated orders as shall amount

to the sum of three thousand pounds, may then be paid off and dis-
charged ; and the like publick notice shall be given, from time to time,
when and so often as there shall be a stock of three thousand pounds
for the purpose aforesaid : and if any orders shall not be tendered,
within thirty days after such publick notice given, the interest and also
the premium which would be otherwise due on such orders, shall then
determine and cease. [^Passed April 26, 1751.*

Notes. — The foi'Cgoing were the only sessions of the General Court this year. The
engrossments of chapters 2, 4, 5, 6, 7, 8, U, 13, 14, 16, 18, and 19, only, are preserved. The
acts of each session were printed together, except chapter 6, whicli, being an impost act,
was printed by itself for separate distribution.

No evidence has been discovered that the acts of the first session ever reached the Privy
Council, or that they were considered by the Board of Trade.

The acts of the last three sessions were formally certified for transmission to the Privy
Council, September 25, 1751. They were duly received and laid liefore the Council, March
11, 1752, and were immediately referred to a committee. From this committee they went,
in regular course, to the Lords Commissioners for Trade and Plantations, where tlie letter
from Secretary Willard, transmitting them, was read, March 19, 1752, and they were ordered
to be sent to Mr. Lamb, for his opinion thereon in point of law.

Mr. Lamb's report is dated January 12, 1755, and sets forth that he has "perused and
considered these acts," and that he has no objection to offer against any of them except
chapters 17 and 23. His comments on the two acts last named are given in the notes to
those chapters, /jos^.

On the 29th of January, Mr. Lamb's report was considered in the Board of Ti-ade, and a
di'aught of a representation was ordered " to be prepared proposing the confirmation of such
of" thesp acts " as haVe not expired by their own limitation or have not had their full effect."
On the 4th of February this draught had Ijcen prepared, and was agreed to at the Board, and
ordered to l^e transcribed ; and on the next day it was signed.

This report represents that chapters 8, 9, 11, 14, 15, 16, 17, 20, and 24 " were for temporary
services and are cither expu'cd or the purposes for which they were passed have l)een com-
pleted " ; and that chapters 7, 10, 12, 13, 18, 19, 21, 22, and 23 " appear to have been enacted
for the particular Convenience and relate to the present CEconomy of the Province, and " — to
further quote the language of the report — " as Mr. Lamb, one. of his Majesty's Counsel at
Law, whose opinion "has been taken unon these Acts, has no olijection to any of them in
point of Law ; We see no reason why His Majesty may not b§ graciously pleased to confirm
them."

Accordingly, on the 11th of March, 1755, an order was passed, in Council, confirming
chapters 7, Id, 12, 13, 18, 19, 21, 22, and 23.

Chap. 1. " From the first introduction of paper money, it had been the practice of gov-
ernment to issue bills for public charges, and to make a tax for the payment of the sum
issued, in future years, into the treasury again. The bills being all exchanged by the
silver imported from England, and provision made by law, that no bills of credit should
ever after pass as monev, there was a difficulty in providing money for the immediate
service of government, until it could be raised by a tax. Few people were, at first, inclined
to lend to the province, though they were assured of payment in a short time with interest.
The treasurer, therefore, was ordered to make payment to the creditors of government in
promissory notes, payable to the bearer in silver in two or three years, with lawful inter-
est. This was really better than any private security; but the people, who had seen so
much of the bad effects of their former paper money, from its depreciation, could not con-
sider this as without danger, and the notes were sold for silver at discount, which coutin-
tied until it was found tliat the promise made by government was punctually performed.
From that time, the public security was preferred to private, and the treasurer's notes
were more sought for than those of any other person whomsoever. This was the era of
public credit in Massachusetts Bay." — Hutchinson's History of Mass., vol. S,pp. 9 and 10.

Chap. 2. "April 6. 1750. His Honor the Lieutennant Governor sent dov^na the following
Message to the House by the Secretary, viz, Gentlemen of the House of Represent^'^s- The
Secretary has laid fjcfore me the vote of the two Houses granting the sum of two hundi'ed
pounds to the Lieutennant Governor & Commander in cheif in consideration of his past
Services in that important Station I cannot but observe to you, that it is more than six
months since the Administration of the Government has devolved upon me, that my whole
time is spent in the pul)lick Service & consequently that I have good reason to expect from
you a Sum sufficient for my support ; such a sum as shall be equal to the common Expence
of a i^amily (which manyof you must lie sensible, the sum now granted is not) besides
some further Allowance for the honor of the Station his Majesty has been pleased to place
me in I am desirous of preserving a perfect Harmony & good Understanding between the
several Branches of the Legislature, so far as shall consist with the Honor of his IVIajest^^'s
Commission; but this I shall always endeavor to maintain; And in order to enal»le me to
do it more effectually, I must desire you to send for your Vote, and to make such Addition
to the Grant, as shall render it agreable to the Assurances given b.y a former Assembly to
bis Majesty, that they would support his Governor suitable to the diguity of his Station, on

* See note to this chapter, post.

[Notes.] Province Laws. — 1750-51. 557

failure whereof, they acknowledged his Majesty would have just reason to show his Dis-
pleasure " — Cmmcil Records, vol. XJX., p. 164.

"April 7"'- 1750 In the House of Kcprescnt"* Voted that twohundi-ed Pounds be gi-ant-
ed & allowed to be paid out of the piiblick Treasury to the Hon'^'* Spencer Pliips Esq'' Lieut.
Go\ernour & Commander in Chief in Consideration of his past Services in that Important
Station lu Council ; Read & Concur'd. — Consented to by the Lieu' Govern''-" — I bid., p. 169.

Chaps. 4, 5, and 6. The Governor's signature to the engrossment of each of these acts
is not dated.

Chap. 8. " October 9''» 1750 The Secretary having by Order of his Honour the Lieu'-
Governonr proposed to both Houses, that in the Engross'd Bill entitled "an Act for estab-
" lishing & regulating the Fees of the several Officers within this Province as are hereafter
" mentioned " The Term of the Continuance of the said Act should be reduc'd to two
Years, the two Houses agreed thereto, And Amcndni' being made thereon accordingly His
Honour signed his Conseut to the said Act " — Ibid., p. 251.

Chap. 12. "Novem''23<' 1749. * * * * The Mention whereof leads me to observe, that
as a more general Cultivation of Our Lands, & thereby the Increase of the Produce of this
Province, as well as the carrying on the Manufactures in it, is greatly impeded by reason
of the Scarcity of Labourers, may it not therefore deserve your Consideration whether
Something may not be done toencoui'age industrious & well disposed Protestant Foreigners
to Settle among us, & whether some of Our Acts which requue Security to lie given to such
as shall bring them hither have not eventually (tho' beside the Intention of the Legislature)
discouraged & prevepted the Importation of many such, & whether the said Acts may not
be altered & amended, & such Provision by Law, be made, as for the future may prevent
so manifest & extensive an Inconvenience." — Extract from the speech of Lieutenant- Gov-
erjior Phips : ibid., p. 67.

See also note to 1749-50, chapter 21, ante, under date of June 6, and November 24, 1749.

" January 26 1749. A Petition of Joshua Winslow Esq'' & otliers Merchants in Boston
proposing to this Court in case they may have the use of the Ship Massacluisetts Frigate
upon terms particularly mentioned in their petition to employ her in a Voyage to Ireland
for transporting Protestants of that Country into this Province", and praying that they may
be allowed the use of the said Ship for that purpose accordingly —

In the House Of Representees ; Read & Voted that the Ship" Massachusetts Frigate with
the Tackling & furnitm-e as they ly (v.arlike stores & Artillery with such other Stores as
the Committee of this Court shall judge unnecessary for the Voyage excepted) shall be
Apprized l)y three Judicious men upon Oath ; for which Apprized value the Petitioners
shall give Security to the Province Treasurer to pay in case of loss, & for the performance
of the several Articles in this Vote After which they shall at their own cost & expense fit
the said Ship for the Seas,' & order some skilfull person (giving the preference to Cpt Moses
Bennet, provided they can agree with him on like terms as with another) to proceed with
her to the North part of Ireland, from whence they shall cause to be brought in said Ship
not less than three himdred nor more than five hunch ed & fifty Foreign Protestants (of
which number there shall be at least thirty Families) and shall land thesame in some part
of this Province (the danger of the seas & Mortality excepted) and shall within thirty days
after her arrival at Boston deliver up said Ship to the Treasurer, or any ComTnittee that shall
be appointed by this Court to receive her together with all her Tackle, Stores & Appurte-
nances, agrcable to an Inventory which shall be taken liy the Master of said Ship, after she
is fitted & before she sails from Boston, & shall be lodged with the Treasurer (Ordinary
wear & tear excepted) Provided nevertheless that in case the Ship should during the
Voyage (which shall be limited to twelve months from this time) meet with any loss or
extraordinary damage, the said Petitioners shall make good the same to the Province &
shall give Security to the Treasurer accordingly —

In Council ; Read & Contur'd — Consented to by the Lieut Governor." — Council Records,
vol. XIX., p. 140.

"January 27 1749. In the House of Represent'^es ; Ordered that the Committee hereto-
fore appointed to dispose of the Ship Massachusetts Frigate be impowcred to carry the Vote
of the Court into Execution pass'd this Session respecting the said Ship ; and that M"' Ty'ng
be of the Committee in the room of of Thomas Foster Esq'' who declines that Service.

In Council Read & Concur'd — Consented to l)y the Lieut Govern." — Ibid., p. 142.

" June 29'!' 1750. In the House of Represent^'*"" ; Read & it appearing that by reason of
unforeseen & unavoidable accidents, the intended Voyage within mentioned cannot be per-
formed in the twelve month limited for performing the same ; Therefore Ordered that a
further Time be allowed the Petitioners for performing the Voyage aforesaid in, & that the
same be extended to the first of October 1751, upon the Conditions of the former Order
mentioned; Provided the Petitioners shall continue to bear all charges upon the Ship that
it be necessary to preserve her in good Repair, & shall continue to keep a sufficient Number
of hands in Pay to look after her. & shall execute their Contract with the General Courts
Committee within ten days from this Time

In Council ; Read & Concur'd — Consented to by the Lieu' Govern''." — Ibid., p. 227.

" October 11"' 1750. Jacob Wendell Esq^ froni the Committee appointed to take Care of
the Ship Massachusetts Frigate gave in the following Report ; viz' The Committee ap-
pointed the 27"" of January last, to carry the Vote of the Court respecting the Ship Massa-
chusetts Frigate into Execution, do report, viz, That on the Application of M'' Samuel
Wentworth for himself & the other Petitioners, the Committee allowed them to take the
Ship into their Possession ; And the Petitioners gave Orders for the Ship liciiig removed
from Mr Hutchinson's Wharff to the graving Yard & from thence to Clark's WharfF: —
That the Committee applied to Mr. Secretary for a Warrant of Apprizemcnt to be made out
to Richard Bill Esq^ Mr. Jeffrey Bedgood & Mr Stephen Boutineau, for apprizing the Ship,
& acquainted Mr Samuel Wentworth of it, who well approved of said Gentlemen, & as soon

558 Province Laws. — 1750-51. [Notes.]

as the ■Warrant was obtained, it was given to Richard Bill Esq'' & he with the other Gentle-
men desired to proceed thereon, as soon as possibly they could & make Return into the Sec-
retary's otflce ; — The Committee in the mean time employed a scrivener to draw a proper
Instrument for the Petitioners to execute to the Treasurer of the Province, agreable to the
General Courts Direction ; And when it was done was given to Mr Wentworth for himself
& the others concerned with him, to look over, who in some days after returned the same,
& said they approved of it & wci-e ready to sign it, when it was drawn fak ; And the Com-
mittee sent to Mess"' Winslow, Wentworth & Guntcr to come to the Court Hoiise & execute
said Bond ; which they did but some of the Committee was just then so engaged in tlie
publick Atfiiirs, that they could not go down immediately, when notice was given that they
were attending, but did as soon as possibly they could go down to them, when M'' Gunter
was gone, & Mr Winslow & Mr Wentworth said if we wotild give them the Bond, they &
Mr Gunter would execute it, & return it to Jacob Wendell Esq"' & they were asked for it by
him, but never returned it according to their Promise, but some time in May told him, they
design'd to petition the General Court for granting a further Time to perform the Voyage
into IiTland, accordingly they did put in their Petition the 7"' of June, & it pass'd tlie
Court & was granted the 29"' — The Committee some days after got a Copy of the Court's
further Grant to them, which was sent to them ; And thereoTi they gave their Answer in
Writing the 24"> of July, that they did not accept thereof; But they have had Possession of
the Ship ever since they first gave Capt. Bennet Directions to remove her from Mr. Hutch-
inson's Wliarff until the 27"' of August, when the Lieut. Governour & Council gave Direc-
tions to the Committee to take Care that she be caulked. Jacob Wendell ^ order. In the
House of Representees Read & Accepted. In Council Read & Coneur'd. — Consented to by
the Lieut. Govenv."— I bid., p. 260.

"April 3 17o2. In the House of Representatives, Voted That the Committee appointed
to take Care of the Massachusets Frigate be directed to make Sale of the same & Appur-
tenances, for the best Advantage of the Province, as soon as may be Excepting Warliiie
Stores : In Council Read and Concurred Consented to by tiie Lieutenant Governor." —
Ibid., p. 442.

" A society was fonned in Boston for promoting industry and frugality. The govern-
ment of the colony, to forward this laudable design, purchased the factory in Boston. It
also granted four townships of land for the use of foreign protestants, and permitted the
provincial frigate to be employed in their transportation." — Hohnes Annals, vol. 2, ;j. 180.

" January 1 L 1749. In the House of Represent^*'' Ordered that the Committee appointed
by both Houses, to consider of some proper Encouragement foi" improving the natural Ad-
vantages of the Soil &c be directed to prepare the draught of a Bill, to Supesede or explain
any Act or Acts that have in any measure, a tendency to discourage the Importation of For-
eign Protestants & report thereon — In Council, Read & Coneur'd." — Ibid., p. 122.

" January 26. 1749. In the House of Represent^ '^s Voted that there be four Townships
allowed for Foreign Protestants to settle in, viz. two in the Western & two in the Eastern
parts of this Province, that each Township shall be settled with one hundred & twenty Set-
tlers, such Settlers to be so many distinct Families, Single men of the Age of twenty one
years who shall actually settle to Ije accounted as part of the number. The two \vestern
Townships to Ije the Eastermost Township lately laid out at or near' Fort Massachusetts &
the other to ly East thereof, & to contain the quantity of seven miles square ; This Town-
ship to extend East & West from Charlemont to the Township aforesaid ; and North &
South to make ifp the quantity of seven miles square as aforesaid. The Eastern Townships
to contain six miles square each & in Order for their being laid out, that a Survey be made
from Saijago pond to the head of Berwick ; & that these two Townships be laid out contigu-
ous to some Township already laid out there ; and that there lie a Reserve of two hundred
acres in each of said four Townships ; which is hereby granted to Mr Joseph Crellius, on
condition, that he import, or cause to be imported & settled in each of sd Townships, in
three years from this time one hundred & twenty Protestant Settlers as aforesaid : Also
that thei-e be reserved two hundred acres for the nse of the Government where Fort Massa-
chusetts stands : And that all the remainder of said four Townships )>e granted to one hun-
di-ed & twenty Settlers in a Township; provided that they make one hundred & twenty
three Shares in a Township viz one for the first settled Minister, one for the Ministry & one
for a School, provided also that they settle in each Town a learned Protestant Minister in
five years from this lime ; always provided that the said four Townships be severally settled
with one hundred & twenty such settlers in three years from such time ; provided further
that each settler by himself, or some other familv shall remain on his Settlem' for the space
of Seven years, or his Share shall revert to the Pj-ovince & may by the Government be dis-
posed of to some other person. In Council, Read & Coneur'd— Consented to by the Lieut-
Govern'-"— /6iVZ., p. 138.

" May 31'' 1750 And now I am speaking on these Heads, I must acquaint you that M'
Crellius a German Gentleman (with whom the last Asseml)ly treated about the transporting
of Protestant Families of that Nation into this Province) is now come to attend upon this
Affair in Person & has delivered to me some further & more particular Proposals he has to
make, for effecting this Design ; w^'' I shall lay before you : And by what I can learn of the
Character & Disposition of that People, I apprehend it to be of great Importance to encour-
age their Settlement among us ; For together with other Benefits likely to accrue from it, It
is probable they will introduce many useful Manufactures & teach ns by their Example
those most necessary & excellent Arts for increasing our Wealth, I mean Frugality & Dili-
gence in which we are at present exceedingly defective " — Extract from a speech of Lieuten-
ant-Governor Phips to the Assembly : ibid., p. 194.

" June 1. 1750. In the House of Represents Ordered that Judge Russell, Col» Otis, Mr,
Allen* Mr. Hall, & M'^ Tyng, with such as the Honble. Board shall join Jje a Committee to
take the two first Paragraphs of His Honour's Speech of Yesterday under Consideration
(together with the Papers refer'd to) & report what tibey Judge proper for the Court to do
thereon : In Council ; Read & Coneur'd, And Jacob Wendell Joseph Wilder, John Chan-
dler & Andrew Oliver Esq'^- are joined in the Affair " — Council Records, ibid., p. 196.

[Notes.] Province Laws. — 1750-51. 559

" June 12'h 1750 A memorial of Joseph Crellins, proposing to engage a Number of Sub-
stantial Trades men fi'om Germany to Settle within this Province in Case they might have-
a Tract of Land of aliout two hundred Acres within some Town in the Province, & that/
they may have the Priviledges of a Town ^vithin themselves ; Praying the Consideration of
this Court thereon. In the House of Represent^*'' Read & Ordered that Mr Tyng, Mr.
Pomroy & ]\Ir Stoclvbridge with such as the Ilon'^'" Board shall join be a Committee to take
this Memorial under Consideration & report what they Judge proper for this Court to do
tliereon ; — In Council ; Read & Concur'd, and Jacob Wendell & Andrew Oliver Esq" are, «
joined in the Affair." — Ibid., p. 204.

" Deccm"" 27. 17-51. Since your last Session a Number of Families are arrived here from
Germany with a Design to settle on some of the unimproved Lands of the Province;
They are not sufficient to fill up a Township; But there is Encouragement that a greater
Number will follow them the next Year; I shall order to be laid before you some Letters
I have received from a Gentleman of Character on this Subject & you will consider what
is proper to he done l)y j'ou in relation to it " — Extract from a speech of Lieutenant-Gov-
ernor P/n'ps, to the Assembly : ibid., p. 401.

" Decern'' 28. 1751. In the House of Represent^"' Ordered that M' Speaker, Judge Rus-
sell, Mr. Tyng, M'' Gray, & Mr. Trowbridge with such as the hon^e Board shall Join be a
Committee to take His Honours Spqech & the Letters therein refer'd to under considera-
tion & report what they Judge proper for this Court to do thereon — In Council ; Read &
Concur'd." " On the Vote of the House for a Committee on the Lieut* Governour's Speech,
Enter'd this Day, — In Council ; Read & Concur'd ; And Jacob Wendell Samuel Watts
Andrew Oliver & Thomas Hutchinson Esq" are joined in the Affair." — Coiincil Records,
ibid., p. 402-3.

"I)ecem''.31. 1751 Jacob Wendell Esq^ from the Committee of both Houses on the
Lieut. Governour's Speech; gave in the following Report; vi/.t ******* The Com-
mittee have made some Inquiry* from Persons acquainted therewith, into the Circum-
stances of the German Families lately imported, & it appears that some of them are in
Danger of suffering during the Winter Season ; And therefore the Committee are of
Opinion that a more particular Inquiry be made into this Aflfiiir, that so such of the said
Germans as are incapable of supporting themselves may receive such Relief as may be
thought proper. ****** Jacob Wendell ^ order. In Council; Read & Ordered "that
this Report l)e accepted. In the House of Represent^''* Read & Concur'd — Consented to.
by the Lieut. GoYcrn''."'— Ibid., p. 40.3.

" Jany I. 1752. In the House of RepresenV'^^ Voted that the Commissary General be
directed to Supply Mr. Etter with Blankets & Beds, now in his hands, not exceeding ten
each for the use of the poor Germans, who are now sufTcring by reason of the Severity of
the Season ; The Blankets & Beds to be returned when the Germans have done with them ;
And in Case the Commissary has pot a sufflcicnt Number, he is then directed to purchase,
so many as shall be wanting to enable him to comply Avith this Oi-der. In Council Read
& Concur'd. — Consented to by the Lieut Govern''." — Ibid., p. 405.

" June G"' 1753 A Memorial of Jacob Hattcrick and others German Protestants, Shew-
ing that by Incouragement offered by this Government they have been induced to Trans-
port themselves & Families into this Province to settle upon such Lands as shall be
alloted to them. Praying for the Direction of this Government; and that they be allowed
to settle in the Western Parts of the Province In the House of Representatives; Read
and it apyiearing that in the year 1749 this Court granted four Townships in Order to en-
courage Foreign Protestants to come and settle in this Government and granted a Farm of
Land in each of said Townships to Mr Joseph Crellius, in Case he caused to be settled in
each of said Townships One hundred and twenty Families, by the Time limited in said.
Grants ; But it appearing also that the said Mr Crellius has failed of bringing forward said
Settlements; And that the Poor Pet" are left without any Aid; Therefore — Voted that.
Col" Patridge and Col" Wothington with such as the Hon"^'" Board shall join be a Com-?
mittee to lay out Thirty one House Lots not Exceeding Ten Acres each, Contiguous to
each other in the German Township so called at Fort Massachusets ; and also so much of
the Intervnil Lands in said Township to each of said House Lots as shall make up an
123"i part thereof considered with Relation to Quantity and Quality; And that the Pet"
have Liberty to settle upon and improve said Lands, agreeable to the Original Grant of
the Court and further that said Committee lay out in said Township, Forty eight House
Lots more not exceeding Ten Acres each, one for the first Protestant Minister, one for the
Ministry and one for the School and also to divide the remainder of the Intervale Lands
into forty eight equal Shares or Rights considered as aforesaid with Relation to Quantity
and Quality; One of which shall be for the first settled Minister, and one for the Ministry
and one for the School — And Inasmuch as the Petitioners have Signified their Desires that
some English Families may be admitted as Settlers with them, on the same Lands ; That
therefore the said Committee admit Forty five Settlers in Addition to the Petitioners, Each
of which Forty five Settlers shall pay to the said Committee, for the use of the Govera-
ment, the Sum of Six Pounds thirteen Shillings and four pence; & give Bond in the Sum
of Fifty Pounds to said Committee to perform the like Conditions of Settlement from this
Time forward, as were enjoined in the Original Grant of the Township; And that in all
after Divisions of Land in the said Town tlie Petitioners shall each of them have an 123''<i
Part thereof. And the remainder of the Township shall be divided to and among the other
admitted Settlers with the publick Rights afore mentioned, each an equal Part; And that
the Original Grant made in said Township to M'' Joseph Crellius is hereby declared void
and forfeited to the Government he not liaving complied with the Conditions thereof, The
aforesaid Committee to be accountable. In Council ; Read and Concur'd and John
Chandler Esq'' is joined in the Affair. Consented to by the Lieutenant Governor "—Ibid.,
vol. XX., p. 37.

" June 14. 1753 In the House of Representatives ; Whereas a Number of Germans
appear desirous to join in Settling the Township at Fort Massachusets lattely granted to
Thirty one German PLtitioncrs, with a Number of English, who shall appear to purchase

560 Province Laws. — 1750-51. [Notes.]

Rights in Order to a Settlement, And there appearing several of the said Petitioners wil-
ling to resign their Interest in s^ Grant & that others mav be artmitt'i in their Stead;—
Voted that the Committee appointed by this Court to adm'itt Settlers &c in said Township
be impo.wered and directed to admit others of the said Germans into the said Township
on the Conditions of the aforesaid Grant in the Room & Stead of such of the said Peti-
tioners as shall appear willing within one Month to resign their Interest in said Grant;
Provided that they do not give anything to the first Grantees in Consideration of their
• being admitted in their room. In Council ; Read and Concur'd— Consented to by the
Lieutenant Governor."— I bid., p. 53.

" January 30. 17-52. In the House of Representatives Voted that Mr Speaker, Mr Allen
& Mr Tyng with such as the Hon^e Board shall join be a Committee take under Con-
sideration the Letter this Court has received from Mr Luther of Germany, and prepare an
Answer thereto in the Recess of the Court, & Report thereon at the next Sitting of this
Court, In Council Read & Concurred; and Jacob Wendell, Samuel Danforth & John
Quincy Esq''* are joined in the Affair." — Ibid., vol. XIX., p. 441.

" June 3. 1752 In Council Ordered that Jacob Wendell, Samuel Danforth, and Thomas
Hutchinson Esq''^ with such as shall he joined by the Hon''''^ House of Represent^'^s |,e ^
Committee to take under Consideration the Letter this Court has received from Mr. Luther
of Germany and prepare an answer thereto. In the House of Representatives Read &
Concurred," & Mr Allen, Mr Tyng Col" Otis, & Capt. Williams are joined in the Affair."
—Ibid., p. i7l.

" December 14. 1752 In Council Voted that John Quincy Esq' be of the Committee for
preparing the Draught of a Letter to Mr Conncellor Luther in the room of Samuel Dan-
forth Esq' who is not able to attend that Affair, The Committee to set forthwith. In the
House of Representatives Read and Concur'd." — Ibid., p. 513.

" December 21. 1752. Jacob Wendell Esq'' fiom the Committee of both Houses appointed
to prepare the Draught of a Letter to Mr Conncellor Lufher, Reported the same In Coun-
cil Read and accepted & Ordered, that the Secretary prepare & sign a fair Draught of
this Letter & forward it accoi'dinsly ; — In the House of Representatives Read & Concur'd
— Consented to by the Lieu* Governor." — Ibid., p. 519.

" April 2. 1753 The Secretary laid before the Court a Letter he had received from
Samuel Waldo Esq'' of London, and therewith a Packet directed to the General Court
from Mr Luther of Frankfort, relating to the German Protestants transportation hither."
—Ibid., vol. XX., p. 5.

"April 3. 1753. On the Letter from Mr'Councelh' Luther & Brigadier Waldo men-
tioned Yesterday, In the House of Representatives ; Read & Ordered that Judge Russell,
Mr. Allen, & Col" Otis, with such as the Hon''i« Board shall appoint he a Committee to
take the said Letters and Papers accompanying them, under Consideration, and report
what they Judge Proper for this Court to do thereon : — In Council; Read and Concur'd;
And Andrew Oliver and Thomas Hutchinson Esq" are joined in this Affair." — Ibid.,
p. 6.

" December 4. 1754. A Letter directed to this Court from Mr. Luther of Frankfort in
Germany. In the House of Representatives, Ordered that M'' Welles, Judge Russell, &
Colo Otis together with such as the Hon*''*' Board shall join, be a Committee to take imder
Consideration a Letter from M'' Luther, dated Frankfort June 28. 1754, and report what
they think proper for this Court to do thereon, — In Council, Read & Concurd; And An-
drew Oliver & Thomas Hutchinson Esq""* are joined in the Affair." — Ibid, p. 341.

" An attempt was made to settle a manufacturing German town, a few miles from Boston,
within the limits of the township of Braintree ; but it never flourished. The private under-
takers grew discouraged ; the emigrants complained of being disappointed and deserted;
the assembly first slackened their con-espondence with Mr. Luther, and, after a j'ear or
two, ceased answering his frequent letters, which were filled with complaint of neglect, and
hard usage. Mr. Phipps, the lieutenant-governor, was concerned for the honour of the
government, and repeatedly recommended to the assembly a proper notice of Mr. Luther,
and a consideration of his service and expense, but without any effect. The house had
been brought into the correspondence, by the influence of a few persons who deserted the
• cause, and were under no apparent concern at the reproaches upon government. Some of

the members, both of the council and of the house, earnestly endeavoured to persuade the
general assembly to do as a collective body, that, which every individual would in hon-
our have been bound, and, perhaps by law might have been compelled to do; but they
could not prevail." — Hutchinson's History of Mass., vol. 3, p. 12.

See also 1756, chap. 41, post.

Chap. 14. " April 9"i 1750. A Petition of Daniel Farnum in behalf of the Town of
Newbury setting forth the Publick Benefit of having a Bridge built at the Place called Old
Town Ferry & praying that a Lottery may be set up to defrey the Charge of it. In the
House of Represciit^'''^ Read & Ordered that the further Consideration of this Petition be
refer'd till May Session. In Council; Read & Concur'd— Consented to by the Lieu*
Govern.'' " — Council Records, vol. XIX., p. 172.

Chap. 16. "His Honour the Lieut : Governor sent the following Message to both Houses
by the Secretary ; Viz'
"Gentlemen of the Council & House of Representatives.

The Secretary has laid before me a Bill, granting the sum of Three Hundred Pounds
towards my Support : When you granted the like Sum in May Session, I was very much
in Doubt whether I ought to accept'it ; Th6 I flattered myself that in your Winter Session
you would agree upon a Grant which should make up for what the former was Deficient;
But I am very much Disappointed. These Grants are considerably short of the Propor-
tion in which former Asscml)lics have paid the Lieutenant Governor of the Province, in
the Absence of the Governor; And yet I cannot Charge my Self with want of Application
to & constant Attendance upon the Affairs of the Government. And you must be sensible,

[Notes.] Province Laws. — 1750-51. 561

I am put to greater Inconvenience & Expence than if my Residence was in Boston; Which
has been the Case with the former Lieutenant Governor.

When you are doing Honour to the Province by maldng Additions to the Allowances of
several of the Officers of the Government, I am sorry you should dit^tinguish the Com-
mander in Chief by gi-anting him a lesser Allowance than has been usual.

I must therefore desire you to take this Affiiir again into your Consideration ; and add
such further Sum to your present Grant as that I may be able with Honour to accept the
Same."— Datpd February 7, 1750-51 : ibid., p. 299.

This act was signed by the Lieutenant-Governor, February 8, according to the mem-
orandum on the engrossment; but the record shows that it was signed February 15, im-
mediately after the'following gi-ant has been passed : —

" In the House of Represent : ^'^s Ordered that there be granted, & allowed to be paid out
of the publick Treasury to His Honour the Lieuten' Governor and Commander in Chief
the Sum of Eighty Pounds, over & above the Grant made His Honour the fifth Currant,
in Consideration of his past Services, and further to enable him to manage the publick
Afifairs of the Province.

In Council; Read & Concur'd: — Consented toby the Lieut: Govern'" — Ibid., p. 3U.

Chap. 17. "The aversion, in the common people, to a silver and gold currency, bad
occasioned several tumultuous asseml ilies in and near the town of Boston. The paper, they
said, was not worth hoarding, but silver and gold would all fall to the share of men of
wealth, and would either be exported or hoarded up, and no part of it would go to the
labourer, or the lower class of people, who must take their pay in goods, or go without. In
a short time experience taught them, that it was as easy for a frugal industrious person to
obtain silver, as it had been to olitain paper; and the prejudice in the town of Boston was
so much abated, that when a large number of people from Abingdon, and other towns near
to it, came to Boston, expecting to be joined by the like people there, they were hooted at,
and insulted by the boys and servants, and obliged to return home disappointed.

The assembly being then sitting, it was thought proper to pass an act for preventing
riots, upon the plan of the act of parliament known by the name of the Riot Act, except
that the penalty is changed from death, to other severe and infamous punishment.

This was a temporary act, but was not suflfei-ed to expire ; and continued in force until
riots tocJv place to prevent the execution of acts of parliament which were deemed griev-
ous, and then it was discontinued. "-=-//M^cAt«so?i's Hist. Mass., vol. 3, p. 8.

" This Act is agreeable to the Act passed here the first of King George the First called
the Riot Act with a ditference in the Penalty which in the Riot Act here is made Felony."
— Report of Mr. Lamb, to the Board of Trade : " Mass. Bay, B. T., vol. 74, H. h., 38," in
Public Record Office. .

Chap. 21. " February 3. 1747. Gentlemen of the Council & House of Representatives.

I have heard so much of the Difflcultys which many of the Ministers of the Gospell
within this Province are brought under, thro; the great Depreciation of the Bills of Credit,
in Which their Salarys are paid, & the little care taken by their People to make them
proper allowances for it, that it seems probable many of them will soon be necessitated to
quit the Ministry & betake themselves to Secular Employments for a Livelyhood ; In which
case there will be great Danger of the Pulpit's being fill'd with Ignorant & Illiterate Men,
And of all manner of foolish & hurtfuU Errors being thereby propogated; wherefore as I
esteem it the indispensable Duty of the Legislature, to do everything in their Power for
the Support & Advancement of the Christian Religion ; I must earnestly Recomcnd it to
you to tpke Care that the Ministers of the Gospel be properly Supported, & that you would
Make Enquiry into this Grievance which I have Mentioned, & if you find their Case as is
Represented that you would provide a sutable Redress" — Council Records, vol. XVIJL,
p. 269.

" Feb. 4. 1747. In the House of Represent.^e» Ordered ; that Col" Choat, "My Foster, M'
Hubbard, M'' Witt, M' Royall, Coll. Otis, & Col" Richmond, with such as the Honi^ie Board
shall Appoint be a Committee, to take under Consideration & report upon that Paragraph
of his Ex'cj''s Speech Relating to the Support of the Ministers of the Gospel thro' the
Provipcc as also what is Necessary to be clone. for the Relief of the Widows & Orphans,
with Respect to the Depreciation of Bills of Credit.

In Council Read & Concurd. & Jacob Wendell, John Gushing & Sam". Danforth S&vofl
Watts, James Minot & Andrew Oliver Esq", are joined in the Affair." — Ibid., p. 270.

" March. 1. 1747. The Committee on the affair of the Ministers Support, reported a Bill
for that purpose, viz, A Bill entitled an Act for the more effectual Support of Ministers.
In Council Read & Sent down " — Ibid., p. 290.

" March 2'' 1747. In the House of Representee'- Voted, that it be & it hereby is Strongly
recommended to the Several Churches & Congregations within this Province to make an
Honorable provision for the Support of their Ministers proportionable to the great Rise of
the Necessaries of Life since their Settlement. Also, Voted that the Clerks of the several
Towns within the Province which have not been divided into Parishes, & also the Clerks
of Every Parish & Precinct within the Province be required to lodge in the Secretary's
Office some time before the sitting of the Court in May next an attested Copy of the Con-
tract made with the Minister of such Parish or Precinct at his Settlement, & also an At-
tested Copy from the Record of the Salary granted or paid to such Minister the present
Year & also of the Salary granted for the Year 1748 where such Grant shall have been
made ; & further Ordered that this Vote be forthwith printed, & that the Sherriff of the
Several Countys of the Province take ctFcctual Care that the Clerks of each Town & Pre-
cinct be furnished with a Copy hereof, & to be by them laid before their respective Towns
& Precincts as soon as may be. In Council ; Read & Concured Consented to by the Gov-
ernour" — Ibid., p. 292.

Chap, 23. " This Act I must referr to Your Lordships for your approbation to do what
71

562 Province Laws.— 1750-51. [Notes.]

is agreeable to the Act of the seventeenth of the present King which I have not seen." —
Eeport of Mr. Lamb, to the Board of Trade : "Mass. Bay, B. T., vol. 74, H. h., 38," in
Public Becord Office.

Chap. 24, " April 24ti> 1751. The Secretary delivered the following Message from the
Lieu' Governour to botL Houses ; —

Gentlemen of the Council & House of Represent™' The Secretary has laid before me an
Engi-oss'd Bill entitled an Act in further Addition to an Act made & pass'd in the twenty
second year of his present Majesty's Reign, entitled an Act for drawing in the Bills of
Credit of the several Denominations which have at any time been issued by the Govern-
ment, & are still outstanding & for Ascertaining the rate of Coined Silver in the Province
for the future. By this Bill, Gentlemen you make certain Receipts or Certificates given
by a Commitee of the General Court, to be a Tender in Law, in discharge of all private
Debts & Contracts whatsoever ; And thus you repeal or enervate the Act (to which you
call this Bill an Addition) in one of the most Material Parts of it, whereby coined Silver
at six shillings & eight pence <|f ounce or mill'd Dollars at six shillings each, are declared
to be the only Tender for discharging of Debts, This is directly against his Majesty's In-
structions to me, & I think besides that, it would prove of t;xtal consequence to the Coun-
try; Therefore I cannot give my Consent to it & at the same time, I am desirous that
Justice should be done to "the Possessors of the Outstanding Bills; And I earnestly recom-
mend to you the making Provision therefor, in such a Way & manner as that I may
concur with you in it." — Coimcil Records, vol. XIX., j). 350.

This bill, in its original form, was passed to be enacted, by the House, April 18, but was
rejected by the Council. After some modification it was passed to be enacted by both
branches, April 24, and vetoed by the Governor as shown in his speech, above. On the
25th, the 1)111, in a new draught, was passed to be engrossed, in both branches, and, on the
next day, was enacted and signed.

ACTS,
Passed 1751 — 52.

[563]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-ninth day of May, A. D. 175 i.

CHAPTER 1.

AN ACT TO ENABLE AND IMPOWER THE INHABITANTS OF NEW PLAN-
TATIONS WITHIN THIS PROVINCE, ENJO[Y][/]NED AND SUBJECTED
BY LAW, OR THAT MAY HEREAFTER BE ENJO[Y][/]NED AND SUB-
JECTED, TO PAY PROVINCE AND COUNTY TAXES, TO ASSESS, LEVY
AND COLLECT THE SAME.

Whereas there are sundry new plantations within this province by Preamble,
law enjo[y][i"]ned to pay province and county taxes, that are not im-
powered to choose the proi>er officers to assess, levy and collect the said
taxes, —

Be it enacted by the lAeutenant-Governour^ Council and House of Rep-
resentlatilves^

[Sect. 1.] That the freeholders of every such new plantation be and Freeholders of
are hereby impow[e]red and required to assemble together on the first toira?e^amm"*
Monday of August next, at the usual places for holding their publick ne|t'"to^ciio(i'e
meetings, and, being so assembled, shall choose a moderator and clerk oflicera.
for said meeting ; which clerk shall be immediatel)' sworn, trul^' to enter
and record all such votes as shall be passed at said meeting, — by a justice
of the peace, if any be present ; otherwise, by the moderator of said
meeting, — and shall then proceed to choose three assessors to make a
valuation of estates and faculties of persons in such plantations, agre-
able to law, and to assess such province and county taxes as are or shall
be set on the inhabitants of such new plantation, to be paid this or any
former j-ear ; as also a collector to levy and collect the same : which
assessors and collectors shall be sworn to the faithful discharge of the
duty of their respective ofllces, before a justice of the peace for the
county within which such new plantation lies, if present ; otherwise, by
the clerk for said meeting.

And he it further enacted,

[Sect. 2.] That the inhabitants of the abovesaid plantations, quali- inhabitants of
fied as by law is required of voters in town aff"airs, are hereby im- "o^me^etTn''*^""*
pow[e]red and enjo[y][i]ned, some time in the month of March, March, aonuai-
annuall}', to assemble together, upon due notice given by the collector ^'
or collectors then in office, pursuant to -warrant, under the hands of the
assessors, or the major part of them, who shall have been last chosen, —
and who are hereby impow[e]red and required to issue such warrant, —
at such time and place as shall be, by said assessors, appointed ; and
shall then and there choose a clerk for said meeting, who shall be sworn
in manner as is before prescribed for the swearing the clerk for the first
meeting, and three assessors, and one or more collectors, to assess and

566

Peovince Laws. — 1751-52.

[Chap. 1.]

Duty of the
clerks.

Duty of assess, jevv such provincG and county taxes on said inhabitants as they shall,

ors cincl collect- »/ i. .' */ ?

ors of taxes. from time to time, be enjo[3'][i]ned by law to pay ; and said assessors
and collectors, as well those that shall be chosen on the said first Mon-
day of August, as those who shall, b}' virtue of this act, be hereafter
annually chosen in said new plantations, shall be liable to all such pen-
alties, in case they or any of them shall refuse to be sworn and serve in
said offices, or in case of any default therein, as the assessors of prov-
ince and county taxes for towns are by law liable or may be subjected
to ; and said assessors are hereby impowered and required to make out
such warrants, mutatis mutandis, as assessors of county taxes for towns
are by law impowered to make out, and to direct the same to said col-
lector or collectors ; and the said collector or collectors are hereby im-
powered to levj', collect and [i][e]nforce the payment of all the afore-
s[fM"]d taxes in all such waj^s, and b}' all such means, as constables and
collectors of province and county taxes are by law impowered to do, of
the inhabitants of the towns within this province.

[Sect. 3.] And the clerk at said annual meeting, shall, immediately
on the election of said assessors and collectors, make and give out to
the collector or collectors for the then last preceeding year, a list of the
names of those persons who shall be chosen assessors and collectors at
said meeting for the ensuing j^ear ; which collector or collectors shall
forthwith thereupon summon each of said assessors and collectors for
the then ensuing year, to appear at a certain time and place, within the
space of seven daj's from the time of their election, before a justice of
the peace, if any dwell in such new plantation ; or otherwise, before the
clerk chosen at said meeting, — to take the oath, mutatis mutandis, which
assessors and collectors of publick taxes for towns are, by law, en-
Jo[y]['^]^6c^ to take ; w[/«]ch oath said clerk, in such case, is hereby
impowered to administer.

And to the intent that the inhabitants of said new plantations may
have due notice and warning given them of the meeting which they are
before in this act impowered and required to hold on the first Monday
of August next, and of the ends and purposes thereof, —
Be it enacted,
Clerk of the [Sect. 4.] That each clerk of the court of general sessions of the

county'to notify pcacc, for the scvcral counties within this province wherein any of the
August next" afores[a«]d new plantations l[y][«e], shall, in some convenient time
before the s[ai]d first Monday of August next, make and cause to be
delivered a warrant, under his hand, directed to some principal inhabi-
tant in each of s[ai]d new plantations within their respective counties,
therein expressing the time, place and purposes for holding said meet-
ings, and requiring such inhabitant[s] to notif}^ all the inhabitants of
said new plantation, qualified as in this act is provided, of said meeting,
and the time, place and purposes thereof, three days at the least before
the time set in this act for holding the same ; which warrant the inhab-
itant to whom said warrant shall be directed, is hereby enjo[y][i]ned
and required to execute, and make return of, under his hand, into said
meeting, under the penalty of forty shillings, to be recovered b}^ com-
plaint, information or action of debt, before any of his maj[es]ty's jas-
. tices of the peace for the county wherein said inhabitant, making default
in the premis[s]es, shall dwell ; said forty shillings to be for the use and
benefit of the person or persons who shall inforin or sue for the same.
[_Passed June 21 ; published June 25.

[1st Sess.] Province Laws.— 1751-52. , 567

CHAPTER 2.

AN ACT IN ADDITION TO AN ACT MADE AND PASS[E]'D IN THE FIRST
YEAR OF THE REIGN OF HIS MAJESTY KING GEORGE THE FIRST,
INTITLED "AN ACT FOR BUILDING AND MAINTAINING A LIGHT-
HOUSE UPON THE GREAT BREWSTER (CALLED 'BEACON-ISLAND'),
AT THE ENTRANCE OF THE HARBOUR OF BOSTON."

Whereas the lighthouse at the entrance of the harbour of Boston Preamble.
hath been greatly damaged b}^ fire, and it hath been ordered by this
court that it should be repaired ; and it being reasonable that the charge
of such repairs should be born by those who receive the immediate
benefit thereof, —

Be it therefore enacted by the Lieut[_enan]t-Governo[u']r, Council and
House of Represent\^ati^ves,

That the commissioner of impost be and hereby is directed, by himself New duty for
and his several deputies, to demand and receive of the master of every ^ ^ '^^^ °^''°-
vessel (which, within the space of two years from the publication of I'^i^-ie, chap. 4.
this act, shall clear out from any port within this province, being bound
to any port without this province), over and above what is already by
law provided, the following rates at each time of clearance ; viz^^'^,, for
every vessel of less than one hundred tons, two shillings ; for every
vessel of above one hundred tons, and not exceeding two hundred tons,
three shillings ; and for every vessel of above two hundred tons, four
shillings : the tonnage to be computed according to what such vessels
may measure in carpenter's tonnage, and not according to the register
of such vessel: and the said commiss[?'o?ie]r of impost shall once in
every quarter of the year pay such sums as he or his deputies shall
receive for the afores[a?]d duties, to the province treasurer, to be
applied to the uses aforesaid. IPassed June 22 ; published June 25.

CHAPTER 3.

AN ACT FOR ALTERING THE TBIE APPOINTED FOR HOLDING THE
COURT OF GENERAL SESSIONS OF THE PEACE AND INFERIOUR
COURT OF COMMON PLEAS, AT CONCORD, WITHIN AND FOR THE
COUNTY OF MIDDLESEX.

Whereas the time appointed by law for holding the court of general Preamble,
sessions of the peace and inferiolir court of common pleas, at Concord,
within and for the county of Middlesex, is found to be inconvenient, —

Be it therefore enacted by the Lieutenant-Governour, Council and
House of Ixej)resent\_ati'\ves,

[Sect. 1 .] That the time for holding the said court of general ses- Time for hoid-
sions of the peace and inferiour court of common pleas at Concord, for "J com;ordraU
the county of Middlesex, shall henceforth be on the first Tuesday of tered.
September annually; and all officers and other persons concerned, are 1742-43, chap. 32,
required to conform themselves accordingly. '

And be it further enacted,

[Sect. 2.] That all writ[t]s, suits, plaints, processes, appeals, re- Procesees to re-
views, recognizances, warrants, or other matters or things, whatsoever, ™'*'" ^°'"^*
which now are, or at any time before the said first Tuesday of Sep-
tember shall be, issued, taken or depending in the said county of Mid-
dlesex, which were to have been returned or proceeded on at the time

568

^Province Laws. — 1751-52. [Chaps. 4, 5.]

heretofore appointed by law for holding the said courts at Concord,
shall be valid, and stand good to all intents and purposes in the law,
and shall be returned and proceeded on at the time appointed bj' this
act for holding the same. \_Passed June 20 ; 2>Mished June 25.

CHAPTEE 4.

AN ACT FOR ALTERING THE TIME FOR HOLDING THE COURT OF GEN-
ERAL SESSIONS OF THE PEACE AND THE INFERIOUR COURT OF COM-
MON PLEAS FOR THE COUNTY OF NANTUCKET.

Preamble. Whereas the time by law appointed for holding the court of general

sessions of the peace and inforiour court of common pleas for the
county of Nantucket, on the last Tuesday of March, annual!}', is found
on divers accounts inconvenient, —

Be it therefore enacted by the Lieutenant-Governo\^u'\r, Council, and
House of Representatives,

That the said court of general sessions of the peace and inferionr
court of common pleas, appointed to be holden for the county of Nan-
1742-43 chap. 32, tuckct, upon the last Tuesday of March, shall hereafter be holden and
§ 1- kept upon the first Tuesday of March, annually. \_Passed and publislied

June 18.

Time for hold-
iiig Nantucket
courts altered.

CHAPTER 5.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES
AND SPIRITS DISTILL[£]'D, SOLD BY RETAIL, AND UPON LIMES, LEM-
MONS AND ORANGES. '

Preamble. We, his majesty's most loyal and dutiful subjects, the representatives

of the province of the Massachusetts Bay, in general court assembled,
being desirous to lessen the present debt of the province, have chear-
fully 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 spirits dis-
till[e]'d, and upon all wines whatsoever sold by retail, and upon lem-
mons, limes and oranges taken in and used in making of punch or
other liquors mix[e]'d for sale, or otherw[ays][ise] consura[e]'d, in
taverns or other liceus[e]'d houses within this province, to be rais[e]'d,
levied, collected and paid by and upon every taverner, innholder, com-
mon victualler and retailer within each respective county, in manner
following : —

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

[Sect. 1.] That from and after the twentj^-ninth day of June, one
thousand seven hundred and fifty-one, for the space of one year, every
person licens[e]'d for retailing rum, brandy or other spirits, or wine,
shall pay the duties following : —
RateB of excise. For every gallon of brandy, rum and spirits distill'd, fourpence.

For every gallon of wine of ever}^ sort, sixpence.

For every hundred of lemmons or oranges, four shillings.

For everj' hundred of limes, one shilling and sixpence.
— And 80 proportionably for any other quantity or number.

Time of this
act's continu
aQce.

[1st Sess.] Province Laws. — 1751-52. 559

A7id be it further enacted,

[Sect. 2.] That every taverner, innholder, common victualler and Account to be
retailer, shall, upon the said twenty-ninth day of Jane, take an exact *^'^^°'
account of all brandy, rum and other distill [ej'd spirits, and wine, and
of all lemmons, oranges 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 duties of excise in the respective count[y] [^e]s shall be
let or f:xrm[e]'d, as in and by this act is hereafter directed ; and such
other persons as shall be licens[e]'d during the continuance of this act,
shall also give an account, as aforesaid, upon what brandy, rum or
other distill [e]'d spirits, and wine, and of what lemmons, oranges or
limes he or they shall have by nim or them at the lime of his or their
licen[s] [c]e ; which oath the person or persons farming the duties afore-
said shall have power to administer in the words following ; viz"^'^., —

You, A. B., do swear that the account exhibited by you is a just and true Formofanontii.
account of all brandy, rum and other distill [c]'d spirits, and wine, lemmons,
oranges 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 licens[e]'d on said twenty-
ninth day of June, the form of the oath shall be so varied, as that in-
stead of those words, " on the twentj'-ninth day of June last," these
words shall be inserted and used, " at the time of taking your
lioen[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 TOum's^to^be de.
other distill[e]'d spirits, and wine, as he or they, or any for him or them, livered.
shall buy, distill and take in for sale after such account taken, and of
lemmons, oranges and limes taken in, consum[e]'d 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 -duties aforesaid, who are
impow[e]red 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 other distill [f]'d spirits, or wine, sold, directly or indi-
rectly, or of any lemmons, oranges or limes used in punch or otherwise,
by him or them, or any under him or them, or by his or their privity or
consent, but what is contain [e]'d in the account now exhibited, and
shall pay him the duty thereof, excepting such part as the farmer shall Twenty per
find is still remaining by him or them : twenty per cent to be allowed on for leakase.'
the liquors aforemention[e]'d for leakage and other waste, for which no
duty is to be paid.

Provided cdicays, and it is the trtce intent and meaning of this act, — Proviso.

[Sect. 4.] That if any taverner, retailer or common victualler, shall
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,
such taverner, retailer or common victualler shall be exempted and ex-
cus[e]'d from accounting or paying any excise therefor, inasmuch as
the same is accounted for, and the excise therefor to be paid, by the
taverner or retailer of whom he bought the same.

And be it further enacted,

[Sect. 5.] That every taverner, innholder, common victualler or Penalty on sriv.
retailer, who shall be found to give a false account of any brandy, dis- colntf"^^^ '"
till[e]'d spirits, wine, or other the commodities aforesaid, by him or her
on the said twentj'-ninth day of June, or at the time of his or her tak-
ing licen[s][c]o, or bought, distill[e]'d, or taken in for sale afterwards,
or used as aforesaid, or refuse to give in an account, on oath, as afore-
73

570

Province Laws. — 1751-52.

[Chap. 5.]

General ses-
eions to take
recognizance

Preamble.

said, shall be rencler[e]'d incapable of having a licen[s][c]e afterwards,
and shall be prosecuted by the farmer of excise in the same county, for
his or her neglect, and ordered by the general sessions of the peace to
pa}' double the sum of money as thej' ma}' 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 farther enacted,

[Sect. 6.] That the justices in their general sessions of the peace
shall take recognizances, with suflicieut suret[y][ie]s, of all persons
by them licens[e]'d, both as to their keeping good rule and order, and
duly observing the laws relating to persons so liccns[e]'d, 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
they shall not use their licen[s][c]e in any house besides that wherein
they dwell ; which recognizance [s J shall be taken within the space of
thirty days after the granting of such licen[s][c]e, othcrw[ays][/se]
the persons licens[e]'d shall lo[o]se the benefit of his or her said li-
cen[s][c]e ; and no person shall be licens[e]'d 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.

And xchereas, notwithstanding the laws made against selling strong
drink without licen[s][c]e, many persons not regarding the penalties
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 licen[s]ic]e 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 licen[s][c]es and pay
the excise greatly wrong [e]'d and injured, —

Be it therefore further enacted,
Forfeiture of £2 [Sect. 7.] That whosocvcr, after the said twenty-ninth day of June,
ou'tucense.'&c!' One thousand seven hundred and fifty-one, shall presume, directly or
indirectly, to sell any brandy, rum or other distill[e]'d spirits, wine,
beer, cyder, j^jcrry or any other strong drink, in any smaller quantity
than a barrel[l] (thirty gallons to be accounted a barrel [1], and all
delivered to one person, without drawing any part of it ott), without
licen[s][c]e first had and obtained from the court of general sessions
of the peace, and recognizing in manner as aforesaid, shall forfeit and
pay for each ofi'ence, the sum of two pounds to the farmer, and costs of
prosecution ; and all such as shall refuse or neglect to pay Uie 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 liberty
of the goaler's house or yard ; and any goalcr giving any person liberty
contrary to this act, shall forfeit and pay two pounds, and pay costs of
prosecution as aforesaid. And if any person or persons, not lieens[e]'d
as aforesaid, shall order, allow, permit or connive at the selling of any
strong di'ink, contrary to the true intent or meaning of this act, by his
or her child or children, servant or servants, or any other person or per-
sons belonging to or in his or her house or family, and be thereof con-
vict, he, she or they shall be reputed the offender or offenders, and shall
sufier the same penalties as if he, she or they had sold such drink them-
selves.

And be it further enacted,

[Sect. 8.] That when any person shall be complained of for selling
any strong drink without licen[s][c]e, one witness produced to one
such fact, and another produced to another, shall be sufficient convic-
tion, provided that there be not more than the space of forty days be-
tween 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

One witneee suf-
ficient for con-
viction.

[1st Sess.] Province Laws. — 1751-52. ^^1

suspected to sell strong drink without licen[s][c]e, 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, outhouses or other dependencies
thereof; and if upon examination of such witnesses, and hearing the ,
defence of such suspected person, it shall appear to the justice there is
sufficient proof of the violation of this act by selling strong drink with-
out licen[s][c]e, judgment may thereupon be made up against such
person, and he sliall forfeit and pa}- in like manner as if process had
been commenced bj- bill, plaint or information before the said justice ;
or otherwise said justice may bind over the person suspected, and the
witnesses, to the next court of general sessions of the peace for the
county where such person shall dwell.

And be it further enacted,

[Sect. 9.] That when and so often as an}'- person shall be com- Penalty for seii-
plained of for selling any strong drink without licen[s][c]e to any {o^neg?ofsfmu^
negro, Indian or molatto slave, or to any child or other person under lattoes, &c.
the age of discretion, and upon the declaration of any such Indian,
negro or molatto slayes, child or other person under the age of dis-
cretion, and other circumstances 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
administ[e]r[?]'d to him or her b}' the court or justice that shall try the
cause), such defendant shall forfeit and pay two pounds to the farmer
of excise, and costs of prosecution ; but if the defendant shall acquit
him- or herself upon oath as aforesaid, the court or justice ma}- and
shall enter up judgment for the defendant to recover costs.

And he it further enacted,

[Sect. 10.] That after any person shall have been once convicted Persons after
of selling strong liquors without licen[s][c]e, contrary to this act, he fo'^emerlnt,o°°
shall, upon every oft'ence after such first conviction, be obliged to enter bonds.
into bonds, with one or more suret[y][2V]s, in the penalty of twenty
pounds, to his majesty, for the use of this government, that he will not,
in like manner, offend or be guilty of any breach of this act ; and upon
refusal to give such bond, he shall be committed to prison until he
comply therewith.

And be it further enacted,

[Sect. 11.] That if any person or persons shall be summoned to Penalty on per.
appear before a justice of the peace, or the grand jury, to give evidence givlertdencf.*"
relating to any persons selling strong drink without licen[s][c]e, or to
appear before the court of general sessions of the peace, or other court
proper to try the same, to give evidence on the trial of any person in-
formed against, presented or indicted for the selling strong drink with-
out licen[s][c]e, and shall neglect or refuse to appear, or to give evidence
in that behalf, every person so offending shall forfeit the sum of twenty
pounds and cost of prosecution ; the one half of the penalty aforesaid
to be to his majesty for the use of the province, 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 thajfc witnesses are bound to sea before the
s[e][;']tting of the court where any person or persons informed against,
for selling strong drink without licen[s][c]e, is or are to be prosecuted
for the same, in every such case, the deposition of any witness or wit-
nesses, in writing, taken before any two of his majesty's justices of the
peace, quorum unuft, 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 esteem[e]'d as sufficient evidence, in
the law, to convict any person or persons offending against this act, as

572 Province Laws.— 1751-52. [Chap. 5.]

if such witness or witnesses had been present at the time of trial, and
given his, her or tlieir deposition viva voce; and every person or per-
sons 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 inquired 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 las'] aforesaid.
Ayid be it further enacted,
How fines are [Sect. 12.] That all fines, forfeitures and penalties arising by this
act shall and may be recovered by action, bill, plaint or information,
before any court of record proper to try the same ; and where the sum
forfeited does not exceed two pounds, by action or complaint before any
one of his majesty's justices of the peace in the respective count[y][ie]s
where such offence shall be committed ; which said justice is hereby im-
power[e]'d to try and determine the same. And such justice shall
make a fair entry or record of all such his proceedings : saving cdwctys
to any person or persons who shall think him-, her- or themselves
aggr[j]ev[i]ed by the sent[a] [e]nce or determination of the said justice
as aforesaid, liberty of appeal therefrom to the next court of general ses-
sions of the peace to be holden in and for said county, at which court
such offence shall be finally determined : iwovided that in said appeal
the same rules be observed as are already, by law, required in appeals
from justices to the court of general sessions of the peace.

And to the end the revenue arising from the aforesaid duties of excise

may be advanced for the greater benefit and advantage of the publick, —

Be it further enacted,

Peis«nsem. [Sect. 13.] That ouc or more persons, to be nominated and ap-

ouuhe excise™ pointed by the general court, for and within the several count[y][je]s

within this province, publick notice being first given of the time and

place and occasion of their meeting, shall have power, and are hereby

authorized, from time to time, to contract and agree with any person

for or concerning the farming the duties in this act mentioned, upon

brand}', rum, or other the liquors and commodities aforesaid, in the

respective counties for which the}' shall be appointed, as may be for the

greatest profit and advantage of the publicli, so as the same exceed not

the term of one year after the commencement of this act; and every

person to whom the duties of excise in any county shall be let or

farm[e]'d, shall have power to inspect the houses of all such as are

licens[e]'d, and of such as are suspected to sell without licen[s][c]e,

and to demand, sue for, and recover the excise due from licens[e]'d

persons by virtue of this act.

And he it further enacted,

Farmer to give [Sect. 14.] That the farmer shall give bond with two sufficient

sum agreed for suret[y][?e]s, to the province treasurer for the time being, and his suc-

be paid into the cessors in said office, in double the sum of money that shall be con-

DUO lie trcus* *^

ury. tracted for, with condition that the sum agreed be paid into the prov-

ince 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 a committee of such county are to take, and the same to lodge
with the treasurer as aforesaid, within twenty days after such bond is
executed ; and the said treasurer, upon failure or neglect of payment at
the time therein limit[i;]ed, shall and is hereby impow[e]red and
directed to put such bond in suit, and to receive the money due there-
on for the use afore mentioned ; and the said committee shall render
an account of their proceedings touching the farming this duty on
rum, wine and other the liquors and species afore mentioned, in their
respective couut[y][!'e]s, to the general court in the first week of their

[1st Sess.] Province Laws. — 1751-52. 573

fall sessions, and shall receive sucti sum or sums for their trouble and
expences in said affair as said court shall think fit[t] to allow them.

[Sect. 15.] And every person farming the excise in any county
may substitute and appoint one or more deputy or deput[y][?e]s under
him, upon oath, to collect and receive the excise aforesaid, which shall
become due in such county, and pay in the same to the farmer ; which
deputy or deput[y][i>]s shall have, use and exercise all such powers
and authorit[y][/e']s as in and by this act are given or committed to
the farmers for the better collecting the duties aforesaid, or prosecuting
of offenders against this act.

And be it further enacted, anything hereinbefore contained to the con-
tra ry notw fthstan ding,

[Sect. 16.] That it shall and may be lawful to and for the said farmers, Farmers may
and every of them, to compound and agree with any retailer or innholder any retautr^or^
within tlieir respective divisions, from time to time, for his or her excise innholder.
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 or farmed, by themselves or their lawful
substitutes, may and are hereby impowered 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 cognizance), any sum or sums that
shall grow due from any of the aforesaid duties of excise, where the party
or part[y][?"e]s for whom the same is or shall become due shall refuse
or neglect to pay the same.

And be it further enacted,

[Sect. 17.] That in case any person farming the excise as afore- Penalty for
said, or his deputy, shall, at any time during their continuance in said ck'^t[es°offwfa'
office, wittingly and willingly connive at, or allow, any person or persons "'s-
within their respective divisions, not licens[e]'d by the court of gen-
eral sessions of the peace, their selling any brand}-, wine[s], rum or
other liquors by this act forbidden, such farmer or deputy, for every
such offence, shall forfeit the sum of fifty pounds and cost of prosecu-
tion ; one half of the penalty aforesaid to be to his majesty for the use
of the province, the other half to him or them that shall inform [or]
[and] sue for the same, and shall thenceforward be forever disabl[e]d
from serving in said office.

And be it farther enacted, ,

[Sect. 18.] That in case of the death of the farmers of excise in any provision in
count}', the ex[e]c[?^i]ors or adm[m/s^mi]oi^ of such farmer shall, upon '^^^^ °^ (^eaxh,
their taking such trust of ex[e]c[«i]oi^ or adm[mi's^?-a^]or 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 this act.
\_Passed and published June 18.

CHAPTER 6.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED POUNDS FOR
THE SUPPORT OF HIS HONOUR THE LIEUTENANT-GOVERNOUR AND
COMMANDER-IN-CHIEF.

Be it enacted by the Lieutenant- Governour, Council and House of
Mepresentatives,

That the sum of three hundred pounds be and hereby is granted unto Govemov'f
his most excellent majesty, to be paid out of the publick treasury, and ^^^^^'

574

Province Laws. — 1751-52.

[Chap. 7.]

to be taken out of the next supply, to his honour Spencer Phips. Esq'.,
lieutenant-governour and commander-in-chief in and over his majesty's
province of the Massachusetts Bay, for his past services, and further to
enable him to manaoce the publick afiairs of the province. [Passed
June 21 ; published June 25.

CHAPTER 7.

Preamble.
Unnecessary
journej'ing of
mombt-rs.
1738-39, chap. 23.

Preservation of
doer.

1739-40, chap. 3.
To prevent
horses, &c.,
feeding on Ips-
■wich Beach.
1739-40, chap. 8.

Private ways.
1739-40, chap. 12.

Relief of poor
prisoners for
debt.
1741-42, chap. 6.

To prevent
spreading the
small-pox.
1742-43, chap. 17.

Multiplicity of
lawsuits.
1742-43, chap. 25.
Regulating the
hospital on
Rainsford
Island.

1743-44, chap. 19.
Commissioners
of sewers.

1745-46, chap. 16.

Views by a jury.
1746-47, chap. 6.

Firing of guns
in Uoston.
1746-47, chap. 11.

Said laws con-
tinued.

AN ACT FOE, REVIVING AND CONTINUING SUNDRY LAWS OF THIS
PROVINCE, THAT ARE EXPIRED [AND] [OR] NEAR EXPIRING.

Whereas an act was made and pass'd in the twelfth year of his pres-
ent majesty's reign, intitled " An Act to prevent the unnecessary jour-
neying of the members of the general court" ; and also an act was
made and pass[e]'d in the thirteenth year of his present majesty's
reign, intitled " An Act in addition to an act intitled ' An Act for the
better preservation and increase of deer within this province '" ; and
also another act was made and pass[e]'d in the thirteenth year of his
present majesty's reign, intitled "An Act for the effectual preventing
of horses, neat cattle, sheep and swine from running at large or feeding
upon a certain island, called Plumb Island, lying in Ipswich Bay. in the
county of Essex " ; and another act was made and pass[e]'d in the thir-
teenth year of his present majesty's reign, intiLled " An Act in addition
to the several laws of this province relating to common roads and pri-
vate ways"; and also another act was made and pass[e]'d in the
fifteenth year of his present majesty's reign, intitled " An Act for the
rel[ei][ie]f of poor prisoners for debt"; and also another act was
made and pass[e]'d in the sixteenth j^ear of his present majesty's
reign, intitled "An Act to prevent the spreading of the small-pox and
other infectious sickness, and to prevent the concealing of the same " ;
and also another act was made and pass[e]'d in the same year, intitled
" An Act to prevent the multiplicity of lawsuits " ; and also another act
was made and pass[e]'d in the seventeenth year of his present majes-
ty's reign, intitled "Ah Act for regulating the hospital on Rainsford's
Island, and furtlitr providing in case of sickness"; and also another
act was made and pass[e]'d in the nineteenth year of his present maj-
esty's reign, intitled " An Act in addition to the act intitled ' An Act for
appointing commissioners of sewers * " ; and also an act was made and
pass[^]'d in the twentieth year of his present maj[es]ty's reign, intitled
" An Act relating to views by a jury in civil actions " ; and another act
was made and pass[e]'d in the same year, intitled " An Act to prevent
the firing of guns charged with shot or ball, in the town of Boston" ; —
all which laws are expired or near expiring: and ivhereas the afore-
s[oi]d laws have, by experience, been found beneficial for the several
purposes for which they were made and pass[e]'d, —

Be it therefore enacted by the Lieut{_enan^t-Governour, Council and
House of Re2}res[entati'\ves,

That all and every of the afores[a("]d acts, and every matter and
clause therein contained, be and hereby are continued and revived, and
shall continue and remain in full force for the space of three years from
the first day of July next, and no longer. [Passed June 22 ; published
June 25.

[1st Sess.] Province Laws. — 1751-52. 575

CHAPTEK 8.

AN ACT FOR CONTINUING THE TIME FOR DRAWING THE LOTTERY
ESTABLISHED BY AN ACT PASS[Zi;]'D IN THE TWENTY-FOURTH YEAR
OF HIS PRESENT MAJESTY, INT1T[U]LED "AN ACT FOR SUPPLYING
THE TREASURY WITH TWENTY-SIX THOUSAND SEVEN HUNDRED
MILL'D DOLLARS, AND FOR MAKING FURTHER PROVISION RELATING
TO SAID LOTTERY."

Whereas an act intit[u]led " An Act for supplying the treasury with Preamble,
twenty-six thousand seven hundred mill'd dollars," pass[e]'d the great i750-5i, chap. is.
and general court of this province, begun and held at Boston upon
Wednesday, the thirtieth day of May, 1750, and continued b}' proroga-
tion to Thursday, the tenth day of January following ; by which act a lot-
tery was established for the end and purpose of supplying the treasury as
abovesaid, and the eighteenth day of April last was therein prefix [e]'d
and appointed as the time for drawing said lottery ; and wliereas b}' one 1750-51, chap. 20.
other act or law of his majesty's province, made in addition to the
abovesaid act, the time of drawing said lottery was put off to the fifth
daj^ of June instant, at which time the managers and directors were
ordered and iinpowercd to proceed to the drawing of said lotteiy, if the
number of five thousand tickets should then have been disposed of;
and the da3's aforesaid set for drawing said lottery being now lapsed,
and by reason thereof the end propos[c]'d in said lottery cannot be
answered and obtained without some further act of this court respecting
said lotteiy ; and ivhereas it is apprehended that the time for drawing
said lottery having been h[eretofore][?Y/ierto] made pendant on the
sale of a certain number of tickets by the certain days above men-
tioned, has proved a great discouragement and obstruction to the dis-
posal of said tickets, and that if a perem[2)]tory da}' was set for the
drawing said lottery, it would very much promote the sale of said
tickets, —

Be it therefore enacted and declared by the Lieutenant-Goveryiour,
Council ayid House of Hejyresentatives,

[Sect. 1.] That the said lotter}' shall be revived, and is accordingly Former laws
hereby revived, and all the proposals, engagements and declarations loueryf revwed.
contained and made in the aboves[a(']d acts, b}' and on the part of this
province to be kept and performed, and all the paragraphs tlierein con-
tained, investing any persons with power to act and transact any mat-
ters in and about said lotter}', are hereby revived, and shall be and
remain of the same force and effect as they were before, or would have
been if the said days therein prefix'd for drawing said lottery had not
lapsed and expired.

Aiid be it further enacted,

[Sect. 2.] That the sixth day of August next shall be the time for Time for the
drawing said lottery ; at which time the managers and directors of said to/fixid. ^ ° *
lottery are ordered and im powered to proceed to the drawing thereof.

And be it further enacted,

[Sect, 3.] That if any of the tickets mentioned in the said act, ^^^[^H^^^ ,j,e
whereby said lottery was established, shall remain in the hands of the property of the
directors or managers, undisposed of when the time set b}' this act P^vmce.
for drawing said lotterj^ shall come, that then and in such case all ^nd
every such ticket shall be and remain as the interest, share and lot of
this province.

Provided, nevertheless, —

[Sect. 4.] That the managers or directors may, if they see cause, Proviso.
next after the first or second day's drawing, adjourn the further draw-

576 Province Laws. — 1751-52. [Chap. 9.]

ing for seven days, and in the meantime dispose of all or any of the
tickets that may then remain unsold, valuing the same at a rate' propor-
tionable to the blanks and prizes which shall be then undrawn ; and at
the expiration of said seven days, the tickets which shall have been
drawn as the property of the province, together with the remaining
undisposed tickets, shall be, by the directors and managers, delivered
to the treasurer as the lot of the province. [Passed and jniUisJied
June 13.

CHAPTEE 9.

AN ACT FOR GRANTING TO HIS MAJESTY SEVERAL RATES AND DUTIES
OF IMPOST AND TUNNAGE OF SHIPPING.

Whereas, in and by an act of this province, pass'd in the twent}^-
third and twenty-fourth year of his majesty's reign, the treasurer was
impowered to borrow the sum of five thousand pounds for the supply
of the treasury ; and, in order to enable him to discharge the receipts
and obligations that should by him be given for said sum in pursuance
of the aforementioned act, it was therein provided that the dutys of
impost and excise, for the 3'ear one thousand seven hundred and fifty-
one, should be applied to that and to no other use whatever, — *

We, his majesty's most loyal and dutiful subjects, the representatives
of the province of the Massachusetts Bay, in New England, being desir-
ous of enabling the said treasurer to discharge the receipts and obliga-
tions as aforesaid, have chearfully and unanimously given and granted
and do hereby give and grant to his most excellent majesty to the end
and use aforesaid, and to 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 he it accordingly enacted by the Lieutenant-Governour, Council
anil House of Representatives,

[Sect. 1.] That from and after the publication of this act, and dur-
ing the space of one year, 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,
pig-iron, provisions, and every other thing of the growth and produce
of New England, and also all prize goods condemn'd in any part of this
province, excepted) , the several rates or duties of impost following ;
viz*., —

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

For every pipe of Medara, twenty shillings.

For every pipe of other sorts not mention'd, eighteen shillings.

For every hogshead of rhum, containing one hundred gallons, fifteen
shillings.

For every hogshead of sugar, fourpence.

For every hogshead of molasses, fourpence.

For every hogshead of tobacco, six shillings.

F^r every ton of logwood, fourpence.
— And so, proportionably, for greater or lesser quantities.

And all other commodities, goods or merchandize not mentioned or
excepted, fourpence for every twenty shilling value : all goods imported
from Great Britain, and hogshead- and barrell-staves and heads from
any of his majesty's colonys and provinces on this continent, excepted.

[1st Sess.] Province Laws. — 1751-52. 577

[Sect. 2.] And for any of the above wines, liquors, goods, wares and
merchandize, (fcc""*., that shall be im])orted into this province from the
port of their growth and produce, by any of the inhabitants of the
other provinces or colonies on this continent, or the English West-India
Islands, or in any ship or vessell to them belonging, on the proper ac-
count of any of the said inhabitants of the other provinces or colonys
on this continent, or of the inhabitants of any of the English West-
India Islands, there shall be paid by the importers double the impost
appointed by this act to be received for every species above mentioned ;
and for all rum, sugar and molasses, imported and brought into this
province in any ship or vessel, or by land-carriage from any of the col-
onies of Connecticut, New Hampshire or Rhode Island, shall be paid
by the importer the rates and duties following : —

For every hogshead of rum, containing one hundred gallons, thirty-
three shillings.

For every hogshead of molasses, containing one hundred gallons, one
slylling and sixpence.

For every hogshead of sugar, containing one thousand weight, two
shillings.

— And in that proportion for more or less thereof; and for all Euro-
pean goods, and for all other goods, wares or merchandize, eightpence
for every twenty shillings value : 2^^'ovided always, that all hogshead
and barrel-staves and bedding from any of his majesty's provinces or
colonies, all provisions and other things that are the growth of New
England, all salt, cotton-wool and pig-iron, are and shall be exempted
from every the rates and duties aforesaid.

And be it further enacted,

[Sect. 3.] That the impost rates and duties aforesaid shall be
paid in current lawful money by the importer of an}^ wines, liquors,
goods or merchandize, unto the commissioner to be appointed as is
hereinafter to be directed for entering and receiving the same, at or
before the landing of any wines, liquors, goods or merchandize : onl}'
the commissioner or receiver is hereby allowed to give credit to such
person or persons where his or their dut}' of impost, in one ship or ves-
sel, doth exceed the sum of six pounds ; and in cases where the com-
missioner or receiver shall give credit, he shall ballance and settle his
accompts with every person on or before the last day of April, so that
the same accompts may be ready to be produced in court in May next
after. And all entr3'^s where the impost or duties to be paid dolh 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 the master of every ship or vessel coming into
this province from any other place, shall, within twenty-four hours after
his arrival in any port or harbour, and before bulk is broken, make re-
port and deliver a manifest, in writing, under his hand, to the commis-
sioner aforesaid, of the contents of the loading of such ship or ves-
sell, therein particularly expressing the species, kind and quantitj'S of
all the wines, liquors, goods, wares and merchandize imported in such
ship or vessel, with the marks and numbers thereof, and to whom
the same are consign'd ; and make oath before the said commissioner
that the same manifest contains a just and true account of all the lading
taken on board and imported in such ship or vessel, so far as he knows
or believes ; and that if he knows of any more wines, liquors, goods,
wares or merchandize laden on board such ship or vessel, and imported
therein, he will forthwith make report thereof to the commissioner afore-
said, and cause the same to be added to his manifest.

578 Province Laws.— 1751-52. [Chap. 9.]

And be it further enacted,

[Sect. 5.] That if the master of any such ship or vessel shall break
bulk, or suffer any of the wines, liquors, goods, wares and merchandize
imported in such ship or vessel to be unloaden before report and entry
thereof be made as aforesaid, he shall forfeit the sum of one hundred
pounds.

A7id be it further enacted,

[Sect. 6.] That all merchants, and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province (for which any of the rates or duties aforesaid are payable),
or having the same consign'd to them, shall make a like entry thereof
with the commissioner aforesaid, and produce an invoice of all such
goods as pay ad valorem, and make oath before him in form following ;
viz['J.,—

You, A. B., do swear that the entry of the goods and merchandize by you
now made, exhibits the present 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 oath the commissioner or receiver is hereby impowered to
administer ; and the owners aforesaid shall pay the duty or impost by
this act required, before such wines, liquors, goods, wares or mer-
chandize be landed or taken out of the vessel in which the same shall
be imported.

[Sect. 7.] And no wines, liquors, goods, wares or merchandize that
by this act are liable to pay impost or duty, shall be landed on any
wharfTe, or into any warehouse or other place, but in the da}^ time only,
and that after sunrise and before sunset, unless in the presence and
with the consent of the commissioner or receiver, on pain of forfeiting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessel out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] And if any person or persons shall not have and produce
an invoice of the quantitys of rum or liquors to him or them con-
sign'd, then the cask wherein the same is shall be gaged at the
charge of the importer, that the contents thereof may be known.

And be it further enacted,

[Sect. 9.] That the importer of all wines, liquors, goods, wares and
merchandize, within one year from and after the publication of this act,
by land-carriage, or in small vessells or boats, shall make report, and
deliver a manifest thereof, to the commissioner aforesaid or his deputy,
therein particularly expressing the species, kind and quantity of all
such wines, liquors, goods, wares and merchandize so imported, with
the marks and numbers thereof, when, how and by whom brought ; and
shall make oath before the said commissioner or his deputy, to the truth
of such report and manifest, and shall also pay the several duty's afore-
said, by this act charg'd and chargeable upon such wines, liquors, goods,
wares and merchandize, before the same are landed, hous'd or put into
any store or place whatever.

And be it further enacted,

[Sect. 10.] That every merchant or other person importing any wines
into this province shall be allow'd twelve per cent for leakage : pro-
vided, such wines shall not have been fill'd up on board ; and that
every hogshead, butt or pipe of wine that hath two-thirds 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 vessell shall
suffer any wines to be fill'd up on board without giving a certificate of
the quantit}' so fill'd up, under his hand, before the landing thereof, to

[1st Sess.] Province Laws. — 1751-52. 579

the commissioner or receiver of impost for such port, on pain of for-
feiting the sum of one hundred pounds.

[Sect. 11.] And if it may be made to appear that any wines im-
ported in any ship or vessel be decay'd at the time of unloading thereof,
or in twenty days afterwards, oath being made before the commis-
sioner 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. 12.] That the master of every ship or vessel importing any
wines, liquors, goods, wares or merchandize, shall be liable to and shall
pay the impost for such and so much thereof, contain'd in his manifest,
as shall not be duly enter'd, nor the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consign'd. And it shall and may be lawful, 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 and
merchandize imported in any ship or vessel, until he receives a cer-
tificate, from the commissioner or receiver of the impost, that the duty
for the same is paid, and until 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 enter'd, unto the commissioner or
receiver of the impost in such port, or his order, who is hereby impowered
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 such master shall direct.

And be it further enacted,

[Sect. 13.] That the commissioner or 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 dut}' of 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 enter'd and the duty of impost therefor 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 ascertain'd, the owner or person to whom such goods,
wares or merchandize are or shall be consign'd, 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 further enacted,

[Sect. 14.] That the ship or vessel, with her tackle, apparrell and
furniture, the master of which shall make 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 such
wines, liquors, goods, wares and merchandize not enter'd as aforesaid ;
and, upon judgment recovered against such master, the said ship or ves-
sel, with so much of the tackle and appurces thereof as shall be sufficient
to satisfj'^ said judgments, may be taken into execution for the same ; and
the commissioner or receiver of the impost is hereby impowered to make
seizure of the said ship or vessel, and detain the same under seizure
until judgment be given in any suit to be commenced and prosecuted
for anj' of the said forfeitures of impost ; to the intent that, if judgment
be rendered for the prosecutor or informer, such ship or vessel and
appurces may be exposed to sale, for satisfaction thereof, as is before
provided : unless the owners, or some on their behalf, for the releasing of
such ship or vessell from under seizure or restraint, shall give sufficient

580 Peovince Laws.— 1751-52. [Chap. 9.]

security unto the commissioner or receiver of impost that seized the
same, to respond and satisfy the sum or value of the forfeitures and
duties, with charges, that shall be recovered against the master thereof,
upon such suit to be brought for the same, as aforesaid ; and the master
occasioning such loss or damage unto his owners, through his default
or neglect, shall be liable unto their action for the same.

And be it further enacted,

[Sect. 15.] 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 vessel, outward bound, until he shall be certified, by the commis-
sioner or receiver of the impost, that the duty and impost for the goods
last imported in such ship or vessel are paid or secured to be paid.

[Sect. 16,] 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 seaman of such ship or vessel, at the dis-
cretion of the commissioner or receiver, not exceeding three per cent
of the lading ; and the duties payable by this act for such wines and
liquors, in such bills of stores mentioned and expressed, shall be abated.

And for the more effectual preventing any wines, rum or other dis-
till'd spirits being brought into the province from the neighbouring
governments, by land, or in small boats or vessells, or any other way,
and also to prevent wines, rum, or other distill'd spirits, being first
sent out of this province, to save the duty of impost, and afterwards
brought into this government again, —

Be it enacted,

[Sect. 17.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impower'd and enjoyn'd to, ap-
point one suitable person or persons as his deputy or deputys, in all
such places in this province where it is likely that wine, rum, or other
distill'd spirits will be brought ought of other governments into this ;
which officers shall have power to seize the same, unless the owners shall
make it appear that the duty of impost has been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distill'd spirits brought or relanded in this govern-
ment, where the duty is not paid as aforesaid, and to seize and secure
the same for the ends and uses as in this act is hereafter provided.

A7id be it further enacted,

[Sect. 18.] That the commissioner or his deputys shall have full
power to administer the several oaths aforesaid, and to search in all
suspected places for all such wines, rum, liquors, goods, wares and
merchandize as are brought into this province, and landed contrary to
the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

And be it further enacted,

[Sect. 19.] That there shall be paid, bj" the master of every ship or
other vessel, coming into any port or ports of this province, to trade
or traffick, whereof all the owners are not belonging to this province
(except such vessells as belong to Great Britain, the provinces or
colonies of Pensylvania, West and East Jersey, Connecticut, New
York, 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 vessell 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 re-
ceiver of the dutys of impost, and to be employ'd for the ends and uses
aforesaid.

[1st Sess.] Peoyince Laws.— 1751-52. 581

[Sect. 20.] 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 Jie 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 shall be cleared,
in case she shall appear to be of a 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 certified
also, 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. 21.] That when and so often as any wine or rum imported
into this province, the duty of impost upon which shall have been paid
agreeable to this act, shall be reshipp'd and exported from this govern-
ment to any other part of the world, that then, and in every such case,
the exporter of such wine or rum shall make oath, at the time of ship-
ping, before the receiver of impost, or his deputy, that the whole of the
wine or rum so shi[)p'd has, bond fide, had the aforesaid duty of impost
paid on the same, and shall afterwards produce a certificate, from some
officer of the customs, that the same has been landed out of this govern-
ment,— or otherwise, in case such rum or wines shall be exported to any
place where there is no officer of the customs, or to an}^ foreign port,
the master of the vessel in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, upon producing such certificate, or upon such oath
of the master, make oath that he veril}' believes no part of said wines or
rum has been relanded in this province, — such exporter shall be allowed
to draw back from the receiver of impost as follows ; viz*., —

For every pipe of Western-Island wine, fifteen shillings.

For ever}^ pipe of Medara and other sorts, seventeen shillings.

For every hogshead of rum, thirteen shillings.

Provided, ahvays, —

[Sect. 22.] That if, after the shipping any such rum or wine to be
exported as aforesaid, giving security as aforesaid, in order to obtain
the draw-back aforesaid, the wine or rum so shipp'd to be exported, or
any part thereof, shall be relanded in this province, or brought into the
same from any other province or colony, that then all such rum and
wine so relanded and brought again into this province, shall be forfeited
and may be seized by the commissioner aforesaid, or his deputy.

And be it further enacted,

[Sect. 23.] That there be one fitt 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 thereto
relates, to receive commission for the same from the governour and com-
mander-in-chief, for the time being, with authority to substitute and
appoint a deputy receiver in each port, or 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 as aforesaid 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 entrys and duties arising by virtue of this act ; also, a particular
account of every vessel, so that the duties of impost and tunnage aris-
ing on the said vessel may appear ; and the same to lie open, at all

582 Province Laws.— 1751-52. [Chap. 10.]

seasonable times, to the view and perusal of the treasurer or receiver-
general of this province (or any other person or persons whom this
court sliall 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-general shall demand it. And the said commis-
sioner or receiver and his deputy or deputys, 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 ten of the clock in the
forenoon, until one in the afternoon.

[Sect. 24.] 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 forty pounds, per annum ; and his deputy
or deputj's to be paid for their service such sum or sums as the said
commissioner and receiver, with the treasurer, shall agree upon, not
exceeding four pounds, per annum, each. And the treasurer is hereby
ordered, in passing and receiving the said commissioner's accounts, ac-
cordingly, to allow the paj-ment of such salary or salarys, as aforesaid,
to himself and his deputys.

And be it further enacted by the authority aforesaid,

[Sect. 25.] That no duty of impost shall be demanded for any
goods imported after the publication of this act, by virtue of any former
act for granting unto his majesty any rates and duties of impost, and
that all penaltys, fines and forfeitures accruing and arising by virtue of
any breach of this act, shall be one half to his majesty for the uses and
intents for which the afore-mentioned 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 prosecution to be taken out of the half be-
longing to the informer.

A7id be it further enacted,

[Sect. 26.] That from and after the publication of this act, in all
causes where any claimer shall appear, and shall not make good the
claim, the charges of prosecution shall be born and paid by the said
claimer, and not by the informer. [_Passed and published June 18.

CHAPTER 10.

AN ACT FOE, APPORTIONING AND ASSESSING A TAX OF THIRTY THOU-
SAND THREE HUNDRED AND NINETY-FOUR POUNDS, EIGHT SHIL-
LINGS AND EIGHTPENCE ; AND ALSO FOR APPORTIONING AND ASSES-
SING A FURTHER TAX OF FIVE THOUSAND TWO HUNDRED AND
NINETY POUNDS, ELEVEN SHILLINGS AND FOURPENCE, PAID THE
REPRESENTATIVES FOR THEIR SERVICE AND ATTENDANCE IN THE
GENERAL COURT, AND TRAVEL[L], AND FOR FINES LAID ON SEV-
ERAL TOWNS FOR NOT SENDING A REPRESENTATIVE ; AMOUNTING IN
THE WHOLE TO THIRTY-FIVE THOUSAND SIX HUNDRED AND EIGHTY-
FIVE POUNDS.

Whereas the great and general court or assembly of the province of
1749-50, chap. 17. the Massachusetts Bay, did, at their session in November, one thousand
seven hundred and forty-nine, pass an act for levying a tax of eighteen
1750-51, chap. 1, thousand four hundred pounds; and, at their session in Ma^', one
^^" thousand seven hundred and fifty, did pass an act for levying a tax of

1750-51, chap. 9. five thousaud pounds ; and, at their session in September, one thousand
§ ^- seven hundred and fifty, did pass an act for levying a tax of four thou-

[1st Sess.] Province Laws. — 1751-52. 583

sand pounds ; and, at their session in January, one thousand seven 1750.51, chap. i5.

hundred and fifty, did pass an act for levying a tax of eight thousand

and ten pounds ; — eacli of the several sums aforesaid to be levyed and

assessed this present year, — amounting in the whole to the sum of tbirtj'-

five thousand six hundred and eighty-five pounds ; and by the aforesaid

acts, provision was made that the general court might, this present

sitting, apportion the same on the several towns and districts within

this province, if they thought fit : wherefore, for the ordering, directing

and effectual drawing in the sum of thirt3^-flve thousand six hundred

and eight3^-five pounds, pursuant to the funds and grants aforesaid, into

the treasuiy, according to the apportion now agreed to by this court ;

all which is unanimously approved, ratified and confirmed ; we, his

majesty's most loyal [1] and dutiful [1] subjects, the representatives in

general court assembled, pray that it ma}' be enacted, —

A7id be it accordingly enacted by the Lieutenant-Governour, Council
and House of Bepreseyitatives,

[Sect. 1.] That each town and district within this province be
assessed and pay, as such town and district's proportion of the sum
of thirt}' thousand three hundred and ninety-four pounds, eight shillings
and eightpence, and their representatives' pay, and fines laid on sev-
eral towns, the sum of five thousand two hundred and ninety pounds,
eleven shillings and fourpence ; viz^'^., the several sums following ; that
is to say, —

58i

Province Laws. — 1751-52. [Chap. 10.]

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Province Laws. — 1751-52.

585

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Peovince Laws. — 1751-52.

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.592 • . Province Laws.~1751-52. [Chap. 10.]

And be it furtJier enacted,

[Sect. 3.] And the justices in their general sessions, in the respective
count [3'][?*e]s 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 each
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 else-
where, 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 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 cun[n]ing, at one penny on the pound ; and to
abate or multiply the same, if need be, so as to make up the sum set[t]
and ordered hereby for such town or d[e][^■]strict to pay; and, in
making their assessment, to estimate houses and lands at six years'
income of the 5'early rents, whereat the same may be reasonabl}'^ set
or let[t] for in the place where they Ij'c : saving all contracts between
landlord and tenant, and where no contract is, the landlord to reim-
burse 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 everj* ox of four j'ears old and upwards, at forty shil-
lings ; every cow of three years old and upwards, at thirty shillings ;
every horse and mare of three j'cars old and upwards, at fo[u]rty shil-
lings ; every swine of one year old and upwards, at eight shillings ;
goats and sheep of one j'car old, three shillings each : likewise requiring
the said assessors to make a fair list of the said assessment, setting
forth, in d[e][ijstinct 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 improve-
ment, in trust, to be d[e][tjstinctly expressed ; 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 d[e][^] strict,
and to return a certificate of the name or names of such collectors, con-

[1st Sess.] Peovince Laws.— 1751-52. 593

stable or constables, together with the sura total to each of theui com-
mitted, unto himself, some time before the last da}- of October next.

[Sect. 4.] And the treasurer for the time being, upon receipt of
such certificate, is hereb}^ impow[(?]red and ordered to issue forth his
warrants to the collector, constable or constables of such town or
d[e][i] strict, requiring him or them, respectively, to collect the whole
of each respective sum assessed on each particular person, before the
last day of December 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 year of our Lord one thousand seven hundred and fift^-'two.

And be it further enacted,

[Sect. 5.] That the assessors of each town and d[e] [^] strict, respect-
iv[e]ly, in convenient 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 d[e][;']s-
trict, or notify the inhabitants some other way, to give or bring in to the
assessors true and perfect lists of their polls, and rat [^] able estate, and
income b}' trade or facult}-, 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 [1] 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 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 d[e][i] strict where
the delinquent lives, to be lev[y][/]ed b}- 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 agQ7]r[ei][ie]ved
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 count}', for relief, as in case of being overrated. And if any per-
son 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 abatement of the
assessment laid on him.

[Sect. 6.] And if the party be not convicted of any fals[e]ness in
the list, by him presented, of the polls, rat[e]able estate, or income by
trade or faculty, business or employment, which he doth or shall exer-
cise, or in gain by money at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's pro-
portion 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 year's as-
sessment, are gone out of the province, and so pay nothing towards the
support of the government, i\\o[}(gh'], in the time of their residing here,
they reaped considerable gain by trade, and had the protection of the
government, —

Be it farther enacted,

[Sect. 7.] Tliat when any such person or persons shall come and
reside in any town within this province, and l)ring any merchandize, and
trade, to deal therewith, the assessors of such town are hereby im-
pow[e]red to rate and assess all such persons according to their circum-
stances, pursuant tothe rules and directions in this act provided, tho the
former rate may have beenr finished, and the new one not perfected, as
75

594 Peovince Laws.— 1751-52. [Chap. 10.]

aforesaid; and the constables or col[Z]ectors are hereby enjoyned to
levy and collect all such sums committed to them, and assessed on per-
son's who are not of this province, and pay the same in to the town
treasury.

And be it further enacted,

[Sect. 8.] That the inhabitants of this province have liberty, if they
see fit, to pay the several sums for which they may respectively be
assessed, as their proportion of the aforesaid sura of thirty thousand
three hundred and ninety-four pounds eight shillings and eightpence,
in good merchantable hemp, or in good, merchantable, Isle-of-
Sable codfish, or in good refined bar-iron, or in bloomery-iron, or in
hollow iron-ware, or in good Indian corn, or in good winter rye, or in
good winter wheat, or in good barley, or in good barrell pork, or in
barren beef, or in duck or canvas, or in long whalebone, or in mer-
chantable cordage, or in good train oyl, or in good beeswax, or in good
bayberry-wax, or in tryed tallow, or in good pease, or in good sheeps-
wool, or in good tanned sole-leather ; and that the eldest councellors, for
the time being, of each of those countys in the province, of which any
one of the councellers is an inhabitant, together with the province treas-
urer, or the major part of them, be a committee, who are hereby directed
and fully authorized and impowred, once in every month, if need be, to
agree and sett the several species and commoditys aforesaid, at some
certain price, at which they shall be received towards the payment of
the sums aforesaid : all which aforesaid commoditys 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 money ; and the several persons paying their taxes in any of the
commoditys afore mentioned, to run the risque and pay the charge of
transporting the said commodit[y][ie]s to the province treasury.

[Sect. 9.] 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 year ; and if
there be a surplusage, it shall remain a stock in the treasury.

And he it further enacted,

[Sect. 10."] That the inhabitants of this province shall have full
liberty to pay in the several sums which they shall respectively be as-
sessed in pursuance of 'this act, in bills of 'Credit on this province : pro-
vided, they pay the bills aforesaid to the collectors of said assessments,
on or before the last day of December next. \_Passed June 21 ; pub-
lished June 25.

[2d Sess.] Province Laws.— 1751-52. 595

ACT

Passed at the Session begun and held at Boston,
ON the Second day of October, A. D. 1751.

CHAPTEE 11.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF FOUR
THOUSAND FIVE HUNDRED AND FORTY-FIVE POUNDS.

Whereas in the late proposed supply of the treasury with twenty-six Preamble.
thousand seven hundred milled dollars, there happens a deficiency of 1750-51, cha]*^. 15,
four thousand five hundred and forty-five pounds, so that the debts of
the government which require a speedy payment, cannot be discharged
until the treasury is farther supplyed with that sum ; therefore, —

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

[Sect. 1.] That the province treasurer be and hereby is ordered to Treasurer to
borrow and take up, on lawful interest, the sum of four thousand five ^«i'",''"^^ £4.545

' ' ■ on Ills notes.

hundred and fortj'-five pounds, for the use of this government ; and that
he give to such persons as shall lend the same, his promissory notes for
the payment of the sums by them respectively lent, to them or the
bearer of such notes, within six months, with lawful interest for the
same, until paid.

And he it further enacted,

[Sect. 2.] That the province treasurer apply the sum so borrowed Said money to
towards the paj^ment of such of the government's debts as were to have discbai-^e^the
been discharged by the said' twentj'-six thousand seven hundred mill'd debts of the
dollars, and that the province treasurer pay off and discharge the notes
aforesaid, as they shall become due, out of the monies that shall come
into the treasury by force of the last act made for supplying the same.
[^Passed October 9 ; published October 12.

596

Pkovince Laws. — 1751-52. [Chap. 12.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-seventh day of December, A. D.

1751-

Clothing and
other goods sus.
peotcd to be in-
fected, to be
liable to be
stopped and se-
cured.

1701-2, chap. 9.

Manner of pro-
ceeding tberein,

CHAPTEE 12.

AN ACT IN ADDITION TO AN ACT MADE AND PASS[£]'D IN THE THIR-
TEENTH YEAR OF KING WILLIAM THE THIRD, INTITLED "AN ACT
PROYIDING IN CASE OF SICKNESS."

Be it enacted by tJie Lieutenant- Governour, Council and House of
Representatives,

[Sect. 1.] That when and as often as there shall be brought into
any town within this province, whether it shall be from any other town
within the province, or from parts without the province, any baggage,
cloathing or goods of any kind soever, and it shall be made to appear
by the selectmen of the town, or major part of them, to which such bag-
gage, cloathing or other goods shall be brought, to the satisfaction of
any one of his majesty's justices of the peace, that there is just cause to
suspect such baggage, cloathing or other goods to be infected with the
plague, small-pox, pestilential fever, or other malignant, contagious dis-
temper, it shall and may be lawful for such justice of the peace, and he
is hereby required, in such case, by warrant, under his hand and seal,
directed to the sheriff or his deputy, or any constable of the town in
which such baggage, cloathing or other goods shall be, requiring him to
impress so many men as said justice shall judge necessaiy, to secure
such baggage, cloathing or other goods to be secured, and said men to
set and post as a guard and watch over the house or houses, or other place
or places where such baggage, cloathing or other goods shall be lodged ;
which guard and watch are hereby required to take effectual care to pre-
vent such baggage, cloathing or other goods being removed or inter-
medlcd with by any persons whatever, until [1] due inquiry be made into
the circumstances thereof ; and in case it shall appear to the said justice
highly probable that such baggage, cloathing or other goods are infected
with the plague, small-pox, i')estilential fever, or other malignant, con-
tagious distemper, said justice is hereby impowered and directed to
issue a warrant, under his hand and seal, directed to the sheriff or his
deputy, or the constable of the town where such goods, cloathing or
baggage shall be, requiring said sheriff, deputy or constable to remove
said baggage, cloathing or other goods, to some convenient house or
place from whence there shall be the least danger of the infection's
spreading, or being conveyed, there to remain until[l] such baggage,
cloathing or other goods shall be sufficient^ aired, and until [1] it shall
appear to the satisfaction of the selectmen of the town where such bag-
gage, cloathing or other goods shall be, that they be free from all infec-
tion ; and said sheriff, deputy sheriff or constable, in the execution of

[3d Sess.] Province Laws.— 1751-52. 597

said warrant, are impow[e]red and directed, if need be, to break up any
house, warehouse, shop or other place or places, particularly mentioned
in such warrant, where such baggage, cloathing or other goods shall be ;
and in case of opposition or resistance, to require such aid and assist-
ance as shall be necessary to effect the removal of such baggage, cloath-
ing or other goods, and repel the force and resistance which shall or
may be made thereto.

[Sect. 2.] And all persons are hereby required, at the command- Penalty for not
ment of either of the said officers having such warrant, under the pen- o^Jfg\':"^^^'^
alty of forty shillings, to be recovered before the justice granting the
same, to assist said officer in the removing said baggage, cloathing or
other goods, unless they make an excuse to the satisfaction of such jus-
tice ; and the charges of securing such baggage, cloathing and other
goods, transporting and airin_g the same, shall be born and paid by the charges to be
owners thereof, at such rates and prizes as shall be set and appointed o'°vno/of\he
by the selectmen of the town where such baggage, cloathing or other goods, &c.
goods shall be ; and in case of refusal, to be recovered by suit at law
by all and every person and persons concerned and employed in and
about the business of securing, removing and airing said baggage,
cloathing or other goods.

And be it further enacted,

[Sect. 3.] That if need so require, any justice of the peace may, and Warrants to be
is hereby impow[e]red, on application to him made by the selectmen of Ififconveni'e'lf*
the town in which such infected baggage, cloathing or other goods shall bousing.
be, to make out a warrant to the sheriff of the county or his deputy, or
constable of the town where such baggage, cloathing or other goods
shall be, requiring said officer, with the advice and direction of the
selectmen of said town, to impress and take up convenient housing or
stores, for the receiving, lodging and safe keeping thereof, until [1] the
same shall be sufficiently aired, as aforesaid. \_Passed January 30 ;
published January 31, 1752.

CHAPTER 13.

AN ACT IN FURTHER ADDITION TO THE ACT INTITLED " AN ACT FOR
REVIEW IN CIVIL CAUSES."

"Whereas the defendant in any personal action may, by force of the preamble.
act made in addition to the act [e][i]ntitled "An Act for review in 1701.2, chap. 6.
civil causes," have execution of the judgm[e?i]t of the superiour court 1720.21, chap. 11.
of judicature, court of assize and general goal delivery, given on the 1732.33, chap. is.
trial of the appeal, stayed six months in some counties, and a j-ear in 1734-35, chap. 5.
others, only by giving bond, with security, approved of by that court at i^so-si, chap. .7.
the time of entring such judgment, conditioned to prosecute a writ of
review of such action, with effect, at the next .superiour court of judica-
ture, court of assize and general goal delivery to be holden in and for
the county where such judgment is given, and to answer and paj^ the
original plaintiff double interest for the debt recovered, and double ad-
ditional costs in case the judgment be affirmed, although the estate
attach'd by force of the original writ is not thereb}' held or subjected to
satisfy the plaintiff's demand for more than thirty days after the judg-
ment given on the appeal ; and in all cases where bail is given to the
action, the sureties cannot be compelled either to satisfy the judgment, •
or deliver up the principal : wherefore, for preventing creditors being
defrauded of their just debts by executions being so stayed, —

598

Peovince Laws. — 1751-52. [Chap. 14.]

Bond to be given
for prosecuting
reviews where
execinion is
staj-ed, in dou-
ble the sum re-
covered, and
costs.

Proviso.

Be it enacted by the Lieutenant-Governour, Council and House of Bep-
resent\_ati]ves,

[Sect. 1.] That execution of the judgment of the superiour court
of judicature, court of assize and general goal deliver}', given on the
trial of the appeal in any suit, shall not be staj'ed, unless the original
defendant, his executors or administrators, give bond at the time of
entring such judgment, to the party or parties that obtained the same,
with sufficient sureties, to be approved of by the court, in double the
sums recovered, to review the action at the next superiour court of
judicature, court of assize and general goal delivery to be holden in
and for that count}', and to pay to the party or parties that obtained
the judgment upon the tr[i][?/]al of the appeal the sum so recovered,
with interest therefor, after the rate of twelve per cent per annum, and.
double the costs arising on such review, if the judgment be not thereon
reversed, in whole or in part, or otherwise satisfied ; and if reversed in
part onl}', then to pay him or them that obtained the judgment on the
trial of the appeal what remains due by force thereof, and is not re-
versed by the judgm[e?i]t of said court given on such review, or other-
wise satisfied, together with interest therefor, after the rate of six per
cent per annum.

Provided always, —

[Sect. 2.] That nothing in tliis act shall extend to any suit already
commenced, wherein, upon the mean process, bail was given or estate
attach[e]'d. [^Passed January 30 ; picblished January 31, 1752.

CHAPTER 14.

AN ACT FOR ERECTING THE VILLAGE PARISH, AND MIDDLE PARISH,
SO CALLED, IN THE TOWN OF SALEM, INTO A DISTINCT AND SEPE-
RATE DISTRICT BY THE NAME OF DANVERS.

Preamble. Whereas the town of Salem is xery large, and the inhabitants of the

Village and Middle parishes, so called, within the same (many of them, at
least), live at a great distance from that part of the first parish in Salem
where the publick affairs of the town are transacted, and also from the
grammar school which is kept in the said first parish ; and tvJiereas
most of the inhabitants of the said first parish are either merchants,
traders or mechanicks, and those of the said Village and Middle par-
ishes are chiefly husbandmen, by means whereof many disputes and
difficulties have arisen, and may hereafter arise in the managing their
publick affairs together, and especially touching the apportioning of
their publick taxes ; for preventing of which inconvenienc[i!"]es for the
future, —

Be it enacted by the Lieutenant-Governour, Council and House of
Mepresl^entati^i^s,
Village, and [Sect. 1.] That the part of the said town of Salem which now

i^saienferec"ed coustitutcs the Village and INIiddle parishes in said town, according to
into a precinct, ^j^eir boundaries, and the inhabitants thereon, be erected into a seperate
and distinct district by the name of Danvers ; and that said inhabitants
shall do the duties that are required and enjo[y][i]ned on other towns,
and enjoy all the powers, privilc[c?]ges and immunities that towns in
this province b}' law enjoy, except that of seperately chusing and send-
ing one or more representatives to represent them at the general
assembly ; in lieu whereof, —

[3d Sess.] Province Laws.— 1751-52. 599

Be it farther enacted,

[Sect. 2.] That the said inhabitants of said parishes shall, from inhabitants of
time to time, have full power and liberty to join with the said town |oin wuh'the^n-
of Salem in the choice of one or more represent[((^/]ves to represent habitants of
them and the said town at the general assembly, and also of being chokx-olVepre-
chosen for that purpose, as if this act had not been made ; and the said sentaUves.
town of Salem are required to notify said inhabitants of the said Mid-
dle and Village parishes, of all meetings that shall be called for the
choice of represent[aii]ves as aforesaid, as by law they have heretofore
been obliged to do.

A7id be it further enacted,

[Sect. 3.] That the said town of Salem, and the inhabitants by this Saiem to fulfil
act erected into a seperate district, shall, respectively, be held to ful- ^i7h%'hchTaT
fil[Q the agreement entred into on the twentj'-third day of October itantsof this
last, in like manner as if the said inhabitants had been by this act
erected into a seperate and distinct township. [Passed January 28 ;
published January 31, 1752.

CHAPTER 15.

AN ACT FOR ERECTING THE PLANTATION CALLED THE ELBOWS, INTO
A DISTRICT BY THE NAME OF PALMER.

Whereas it hath been represented to this court that the inhabitants Preamble.
of the plantation, in the county of Hampshire, called the Elbows,
labour under difficulties, by reason of their not being incorporated into
a district, —

Be it enacted by the Lieutenant-Governo\^u]r, Council and House of
I{epresent\_ati'\ves,

[Sect. 1.] That the plantation aforesaid be and hereby is erected The plantation
into a district by the name of Palmer, bounding as follows ; viz., east- bows, erected
erly on the town of Western ; northerly, partly on the plantation called into a district.
Cold Spring, and partly on Ware-River Precinct, called Roads Farm ; Bounds thereof.
southerly and westerly on the town of Brimfleld ; and that the inhabi-
tants thereof be and are hereby invested with all the powers, privi-
le[d]ge[s] and immuni[ni]ties that the inhabitants of towns within
this province are or by law ought to be vested with : sctving only in the
choice of a representative ; which, it is represented, said inhabitants
are not at present desirous of.

Be it further enacted,

[Sect. 2.] That all rates and taxes heretofore assessed or ordered Rates and taxes
to be assessed, pursuant to the laws and orders of this court, upon the dered'fo'be"'
inhabitants of said Elbows Plantation, shall be levied, collected and ^^^^g^^'j^g^^"^*" '^^
fully compleated, agreable to the laws or orders by which they were
assessed. \_Passed January 30 ; ^published January 31, 1752.

600

Province Laws. — 1751-52. [Chap. 16.]

CHAPTER 16.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF EIGHTEEN
THOUSAND SIX HUNDRED POUNDS, TO BE APPLIED TO DISCHARGE
THE DEBTS OF THE PROVINCE, AND DEFREY THE CHARGES OF THE
GOVERNMENT.

Committee of
the general
court empow-
ered to borrow
for the govern-
ment £18,600.

Be it enacted by the Lieutenant- Governour, Council and House oj
Representl^atf] ves,

[Sect. 1.] That Andrew Oliver, Thomas Hubbard, Esquires, and
Mr. Harrison Gray, be a committee, who are hereby impowered to bor-
row, for a term not exceeding two years, from sucli person or persons
as shall appear ready to lend the same, a sum not exceeding eighteen
thousand six hundred pounds in Spanish mill'd dollars or lawful money,
at six shillings and eightpence per ounce ; or gold at five pounds one
shilling and sevenpence per ounce ; or governm[en]t securities which
became due the thirty-first day of Decern [6e]r past, or that shall become
due the tenth day of June next ; also in warrants on the treasury ; and
shall give security to the lenders of the money so borrowed, and shall
pay the same to the treasurer, he giving his receipt therefor- ; and the
sum so borrowed shall be applied in manner as in this act is after
directed ; and for every sum so borrowed the committee aforesaid shall
give a note of the form following, viz"^'^., —

Form of the
committee's
note to the
lenders.

No note to he
given under £6.

£7,100 to he
issued for forts
and garrisons,

&c.

£1,800 for pro-
visions, com-
missary's dis-
bursements, &c.

£6,000 for
grants, &c.

£1,500 for debts
where tliere is
no establish-
ment, &c.

Province of tlie Massachusetts Bay, day of , 175 ,

borrowed and received of A. B. the value of Spanish mill'd dollars, of

full weisrht, for the use of this province ; and, as their committee, do ijromise
to pay the same number of like dollars, or the value in lawful money, at six
shillings and eightpence per ounce, or in gold at the rate of five pounds one
shilling and sevenpence per ounce, to the said A. B., or order, by the
day of , 175 , with lawful interest for the same annually 'till paid.

y Committee.

— and no note shall be given for any sum less than six pounds : and the
comm[2Y<]ee is hereby directed to use their discretion in borrowing said
sum at such times as that the treasurer may be enabled to complj' with
the draughts that may be made on the treasury in pursuance of this act.

And be it further enacted,

[Sect. 2.] That the afores[a/]d sum of eighteen thousand six hun-
dred pounds shall be issued out of the treasury in manner and for the
purposes following ; vizf^'^, the sum of seven thousand one hundred
pounds, part of the afores[a?']d sum of eighteen thousand six hundred
pounds, shall be applied for the service of the several forts and garrisons
within this province, pursuant to such orders and grants as are or shall
be made b}' this court for those purposes ; and the further sum of eighteen
hundred pounds, part of the afores[ai]d sum of eighteen thousand six
hundred pounds, shall be applied for the purchasing provisions and the
commissary's necessary disburs[e]ments for the service of 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 further sum
of six thousand pounds, part of the afores[aj]d sum of eighteen thou-
sand six hundred pounds, shall be appl[i][?/]ed for the paym[en]tof
such premiums and grants that now are, or hereafter may be, made by
this court : and the further sura of fifteen hundred pounds, part of the
afore? [a'"] d sum of eighteen thousand six hundred 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 establishm[e?i]t, nor any

[3d Sess.] Peoyince Laws.— 1751-52. GOl

certain sum assigned for that purpose ; and for paper, writing and
printing for this court: and the sum of two thousand one hundred £2100 for coun.
pounds, part of the afores[ai]d sum of eighteen thousand six hundred rosentauves''^^"
pounds, shall be applied for the paym[e?i]t of his maj[es]ty's council, attendance.
and house of repres[ento<t]ves, serving in the general court during the '

several sessions for this present year.

And ivhereas there are sometimes contingent and unforeseen charges
that demand prompt paym[en]t, —

Be it further enacted^

[Sect. 3.] That the sum of one hundred pounds, being the remain- £iooforcon.
ing part of the afores[ai]d sum of eighteen thousand six hundred ^'°gent c larges.
pounds, be applied to paj' such contingent charges, and for no other
purpose whatsoever.

And in order to enable the treasurer effectually to discharge the
notes and obligations so given by the said committee in pursuance of
this act, —

Be it enacted^

[Sect. 4.] That the duty of impost and excise for two j'ears from Duties of im-
the twent3-ninth of June, one thousand seven hundred and fifty-two, a°sccairity^o*^
shall be applied for the paym fenl t and discharge of the principal and disc'if.rgt- the

.. iiiii n.T TIT- ij committee's

interest that shall be due on said notes and obligations, and to no other notes.
purpose whatever.

And as a further fund and security for drawing in the said sum of
eighteen thousand six hundred pounds to the treasury again, —

Be it further enacted,

[Sect. 5.] That there be, and hereby is, granted unto his most Taxof £i8,60o
excellent majesty a tax of eighteen thousand six hundred pounds, to be s'"-''"^'^^''
levied on the polls, and estates 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 the
general court of this province at their sessions in May, one thousand rji[°3is,^f'*l)^^
seven hundred and fifty-two, which sum shall be paid into the treasury cember, 1752.
on or before the thirty-first day of Decem[&e]r next after.

Be it further enacted,

[Sect. G.] That in case the general court shall not at their session Tax to be ap-
in Maj', and before the twentieth day of June, one thousand seven cording^othe
hund[re]d and fifty-two, agree and conclude upon an act apportioning last tax act, in
the sum which, by this act, is engaged to be in said year apportioned,
assessed and levied, that then, and in such case, each town and district
within this province shall pay a tax, to be levied on the polls, and
estates both real and personal, within their districts, the same propor-
tion of the said sum as the said towns and districts should have been
taxed b}' the gen[era]l court in the tax act then last prece[e]ding :
saving what relates to the pay of the represent [n^ijves, which shall be
assessed on the several towns they represent. And the province-treas-
urer is hcrebytfully impowered and directed, some time in the month of
June, one thous[an]d 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 dis-
tricts, for their respective part and proportion of the sum before directed
and engaged to be assessed, and also for the fines upon the several
towns for not sending a represent [a<i]ve ; and the assessors, as also
persons assessed, shall observe, be govern [e]'d by, and subject to all
such rules and directions as have been given in the last prece[e]ding
tax act.

602

Peovince Laavs.— 1751-52. [Chap. 16.]

Any surplu.saa;e
of inoiR'y to Ho
in tho ti-oasury
for further
order.

The treasurer to
conform to the
appropriations.

Taxes may be
paid in govern-
ment notes.

Treasurer to
pay principal
and interest as
it becomes due.

Committee to
demand money
of the treasurer.

Former war-
rants on ex-
hausted appro-
priations, to be
paid.

Committee to
give notes on
the treasurer's
certificates of
money bor-
rowed on war-
rants, &c.

Provided ahvays, —

[Sect. 7.] That the remainder of the sura which shall be brought
into the treasury by the duties of impost and excise for two _years next
ensuing the twent3'-ninth da}' of June, one thousand seven hund[re]d
and fifty-two, and the tax of eighteen thousand and six hundred pounds
ordered by this act to be assessed and levied, over and above what shall
be sufficient to discharge the notes and obligations afores[ai]d, shall be
and remain as a stock in the treasury', to be applied as the gen [era] 1
court of this province shall hereafter order, and to no other purpose
whatsoever ; anything in this act to the contrary notwithstanding.

And be it further enacted,

[Sect. 8.] That the treasurer is hereby directed and ordered to pay
the sum of eighteen thou s[a?i]d six hundred pounds, borrowed as afore-
s[ai"]d, out of such appropriations as shall be directed to by warrant,
and no other ; and the secretary' to whom it belongs to keep the muster-
rolls and accompts of charge, shall lay before the house of repre-
s[ew^a<t]ves, when they direct, such muster-rolls and accompts, after
paym[e?i]t thereof.

Be it further enacted,

[Sect. 9.] That any person who may be assessed by virtue of this
act, shall have liberty, if he sees fit, to pay his tax in governm[en]t
notes as afores[ai]d ; and the collectors are hereby impow[e]red and
directed to receive the same, and pay them into the treasury accord-
ingly.

And be it further enacted,

[Sect. 10.] That the treasurer pa}^ the principal and interest, as the
same shall respectivel}- become due, on all the notes given b}- the com-
m[zW]ee aforesaid, for all such sums as they shall so borrow for the
governm[en]t, and deposit in the treasmy.

And whereas the borrowing or taking up the government's notes or
securities, in manner as in and by this act is provided, will so far lessen
the provision intended for defr[a][e]ying the charges of the govern-
m[en]t, and supplying the several appropriations in this act; and a
sufficient fund having been laid by former tax acts for the payment of
the said governm[en]t's notes or securities, —

Be it therefore enacted,

[Sect. 11.] That the committee by this act appointed be and hereby
are directed to demand and receive from the treasurer the sums ex-
pressed in such notes or securities, as the same shall respectively become
due and he shall be able to pay the same, and to replace the same in
the treasury, in order to the said sums being applied to the purposes
intended b}' this act, and to compleat the several appropriations therein.

And be it further enacted,

[Sect. 12.] That an}- warrants which may have been given by the
governour and council, and were payable out of any exhausted appro-
priations in any former acts for supplying the treasury, «hall become
due, and accordingly be paid, respectivel}', out of the appropriations for
the like purposes in this act.

And whereas it may so happen that some of the persons who have
done service for this governm[e?i]t, and for the paj^ment of which the
sum raised by this act js intended, may be willing to lend the sum due
to them, on interest, and to take notes therefor from the committee by
this act appointed, —

Be it therefore enacted,

[Sect. 13.] That when and so often as any person or persons who
shall have warrant on the treasury, payable out of any of the appro-
priations in this act mentioned, shall bring such warrant to the treas-
urer, he shall thereupon give his certificate to the committee, expressing

[3d Sess.] Peovixce Laws.— 1751-52. 603

the sum such person or persons shall be willing to lend ; and tbe same
committee shall give out notes therefor, in like manner as if the same
sum had been brought to them in silver or gold ; and the treasurer shall
give credit to the com[7?i/<]tee for the sum expressed in such certificate,
and shall charge the resiieclive appropriations with the payment thereof,
until [I] such appropriation shall be exhausted. [Pas&ecZ January 23 ;
puhlished January 31, 1752.

CHAPTEK 17.

AN ACT FOR THE BETTER REGULATION OF THE COURSE OF JUDICIAL

PROCEEDINGS.

Whereas by an act made and passed in the second year of the reign Preamble,
of Queen Ann, it is provided that " all pleas in bar or abatement shall be 1703-4, chap. 13,
made originally iii the inferio[((]r courts, in suits there brought; and ^ "
that when a writ shall, by jud[f/]ment of court, be barred or abated, and
the plaintiff or demandant appeals from such judgment to the superio[?t3r
court of judicature, if, upon hearing the appeal, the superio[w]r court,
notwithstanding the pleas in bar or abatement, adjudge the writ to be
good and well brought, they shall reverse the jndg[e]ment of the infe-
rio[?<]r court, and award to the appellant his full costs of both courts ;
and the next session of the inferio[?/]r court, holdenfor the same county,
shall i)roceed to tr[y][i]al of the merits of the cause upon the same
writ without any dela}^ a new entry thereof being made ; and that the
same rule and method of proceeding be observed in appeals to be made
from the judgment, in bar or abatement, given by any justice of the
peace, to the inferio[M]r court of common pleas" ; in which course of
proceeding, suits are not only frequently unreasonably delayed, but the
parties are therein put to needless expence : to the end therefore that
justice may more speedily, and with less expence, be done, —

Be it enacted by the Lieutenant-Governo\_u'\r, Council and Uouse of
Re]jresentatives,

[Sect. 1.] That when the superio[n]r court of judicature, court Upon reversing
of assize and general goal delivery shall reverse a judgment given by ab'fe^ent'of
any inferio[?f]r court of common ^leas for abating a writ; and when wi-us, the court
any inferio[tf]r court of common pleas shall reverse a like judgment try'the'cause on
given by a justice of the peace, the respective courts that reverse the *'^^' "merits.
judgment shall proceed to try the cause, give judgment therein and
award execution thereon.

[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
January 30* ; published January 31, 1752.

* The records make this date January 24 ; but it is clearly entered as above on the en-
grossment, in the handwriting of the secretary.

604

Peovince Laws.— 1751-52. [Chaps. 18, 19.]

CHAPTER 18.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED POUNDS FOR
THE SUPPORT OF HIS HONOUR THE LIEUTENANT- GO VERN0[?7]R
AND COMMANDER-IN-CHIEF.

Grant to the
lieutenant-gov-
ernor.

Be it enacted by the Lieutenant-Governo[_u']r, Council and House of
Hepresentatives,

That the sura of three hundred pounds be and hereby is granted
xinto his most excellent majesty, to be paid out of the publick treasury
to his honour Spencer Phips, Esqi^^l, liPutenant-governo[M]r and com-
mander-in-chief in and over his majesty's province of the Massachu-
set[^]s Bay, for his past services, and further to enable him to manage
the publick affairs of the province. [Passed January 30 * ; published
January 31, 1752.

CHAPTER 19.

Preamble.

Proprietors of
the meetins;-
houses in the
First Parish in
Salem, and the
Third Parish in
Ncwbnry, era-
powered to as-
sess pews, &c.,
to pay minis-
terial charges,
&c.

1735-6, chap. 5,
§1.

Manner of pro-
cecdinsT in rais-
ing such tax.

AN ACT TO IMPOWER THE PROPRIETORS OF THE MEETING-HOUSE
IN THE FIRST PARISH IN SALEM, WHERE THE REVEREND MR. JOHN
SPARHAWK NOW OFFICIATES, AND ALSO THE PROPRIETORS OF THE
MEETING-HOUSE IN THE THIRD PARISH IN NEWBURY, WHERE THE
REVEREND MR. JOHN LOWELL OFFICIATES, TO RAISE MONEY FOR
DEFR[A][£]YING MINISTERIAL AND OTHER NECESSARY CHARGES.

Whereas it is found inconvenient to raise money for defr[a][e]ying
ministerial charges in the first parish in Salem, and third parish in
Newbury, by an assessment or tax on polls and estates in said
parishes, —

Be it therefore enacted by the Lieutenant-Qovernour, Council and
House of Representatives,

[Sect. 1.] That the proprietors of the meeting-house in said first
parish in Salem, in which the Reverend Mr. John Sparhawk officiates,
and the proprietors of the meeting-house" in the third parish in New-
bury, in which Mr. John Lowell officiates, be and hereby are allowed
and impowered to raise, by an assessment or tax on the pews in the
respective meeting-houses afore mentioned, such sum or sums as shall
be agreed upon by the proprietors, or the major part of such of them as
shall be assembled at any legal meeting called for that purpose, for
defr[a][e]ying the ministerial and other incidental charges ; the first
meeting of such proprietors to be called agrcable to the direction of
the act made and pass[^]'d in the eighth and ninth years of his present
majesty's reign, [i][(^]ntitled "An Act directing how meetings of pro-
prietors in wharves, or other real estate, may be called."

And to the intent that such tax or assessment may be equitably made
and duly collected, —

Be it further enacted,

[Sect. 2.] That the proprietors of the respective meeting-houses
afore mentioned be and hereby arc impowered to cause the pews in
each of the afores[cu]d meeting-houses to be valued according to the
convenience of said pews, and the s[c]ituatiori thereof, and to put a new
estimate upon the pews, from time to time, as shall be found necessary,

* This date is taken from the en.ccrossraent, apparently written in by the lieutenant-gov-
ernor when he gigned it. The date given in the record is January 29.

[Notes.] Peovince Laws. — 1751-&2. 605

and to determine how much each pew, or part of a pew, shall pay to-
wards defr[a][e]ying the charges aforesaid, and the time and manner
in which the same shall be paid ; and appoint a collector or collectors to
collect the sum or sums so agreed to be raised, who shall be sworn to
the faithful discharge of his said trust. And if any proprietor or owner
of a pew in either of the aforementioned houses shall neglect or refuse
to pay the sum or sums assessed thereon, after having twenty days'
notice thereof given him by the collector, the proprietors of the respect-
ive meeting-houses shall be, and hereby are, impowered b}^ themselves,
or by their committee, to sell or dispose of the pew of such delinquent
according to the valuation thereof, as afores[«i]d, and with the money
raised by such sale to pay the assessm[en]t or tax on said pew remain-
ing unpaid, together with the charges arising on the sale ; the overplus,
if any there be, to be returned to the owner thereof.

Provided, nevertheless, —

[Sect. 3.] That when the owner of any pew shall make a tender of Proviso.,
the same to the proprietors, or to their comm[?Y<]ee, at the valuation
afores[ai']d, and the}- shall refuse or neglect to accept the same, no sum
shall be deducted out of the sale of said pew but such only as shall have
become due before the making of said tender.

And ichereas application hath been made to this court to enable the Preamble. ^
proprietors of the meeting-house in said third parish in Newbury to
raise part of the sum that may be necessary for defr[a][e]ying minis-
terial charges, on the persons and estates of such as occupy pews or
seats in said meeting-house, and usually attend the publick worship of
God, in said house, over and above what may be raised on the pews, —

Be it therefore enacted,

[Sect. 4.] That the proprietors of said house be and hereby are The whole min.
impow[e]red to tax or assess the several persons occupying or possess- to be m^smi^'^
ing pews or seats, or parts of pews and seats, who usually attend the the proprietors
publick worship in said house, according to their several abilities and ^'^^^'wbury.
circumstances, in order to raise money sufficient, together with what
ma}' be assessed on the pews, to defr[a] [e]y their ministerial and other
incidental charges ; and the said a3sessm[e«]t or tax shall be made and
collected by such rules as parish taxes are made and collected ; and
thereupon all other persons, and their estates in said parish, not usu- other persona
ally attending the publick worship in said house, as well as those who ^'^ ^® ^'^^^^'
do, shall be freed from all parish taxes during their continuing to raise
money as aforesaid.

[Sect. 5.] This act to continue and be in force for the space of Limitation,
three j^ears from the publication of the same, and no longer. \_Passed
January 29 ; published January 31, 1752.

Notes.— There were four sessions of the General Court this year; but at the fourth ses-
sion, which was held at Harvard College on account of the prevalence of small-pox in
Boston, no acts were passed, — the Lieutenant-Governor refusing his assent to the only bill
that was passed to ho enacted.

The engrossments of all the acts of this year, except chapter 11, are preserved, and all
were printed with the other acts of the respective sessions, except chapters 9 and 10, which
were separately printed for distrilnition among the several assessors and officers of impost.

The acts of the Ijrst session were duly certified for transmission, September 25, 1751, and
were forwarded, with a letter from Secretary Willard, November 1, following. They were
delivered 1 >y the agent of the Province, to the clerk of the Privy Council, in waiting, March
11, 1752, and immediately referred to a committee. By this committee they were^rcfen-ed
to the Lords of Trade, on the nineteenth of March, and were received and read at the Board
the same day, and again, April 15, when they were referred to Mr. Lamb, for his opinion
thereon in point of law. Mr. Lamlj's report bears date January 12, 1755, and is to the elfeet
that he has no objection to offer to any of the acts submitted to him. This report ^\'as read
at the Board, January *29, 1755, and the draught of a representation was ordered to be pre-
pared, proposing the confirmation of such of these acts " as have not expired by their own
limitation, cr have not had their full effect." This draught, having been prepared, was or-
dered to lie tran;=cril)cd, February 4, and was signed Feljruary 5, 1755.

The report of the Lords of Trade represents that chapters 2, 5, 6, 7, 8, 9, and 10 " were for
temporary services and are either expired, or the purposes for which they were passed have

606 rfiOviNCE Laws. — 1751-52. [Notes.]

been completed," and that chapters 1, 3, and 4 "appear to have been enacted for the partic-
ular convL-nience, and relate to the present CEconomy of the Province," &c., and concludes,
" We sec no reason why His Majesty may not be si'aciously pleased to confirm them."

Accordingly, an order passed the Privy Council, March 11, 1755, confirming chapters 1,
. 3, and 4.

The acts of the second and third sessions were transmitted by Secretary Willard, with a
letter dated November 30, 1752. This letter was read at the Board of Trade, February 2,
1753, and the accompanying acts were ordered to " be sent to Mr. Lamb for his opinion
thereupon in point of Law." No record of further action by the Home Government on
these acts has been discovered.

Chap. 10, " January 3. 1752. In the House of Ilepresent^''=s Whereas by an Act appor-
tioning & assessing a fax of £30394. 8. 8. & also for Apportioning a further Tax of £5290.
11. 4. paid the Represent™? for their Service & Attendance in the General Court & Travel,
& for Fines laid on Several Towns for not sending a Represent™ Amounting in the whole
to £35,685, among other things It is Enacted, that the Inhabitants of this Province shall
have full Liberty to pay in the several Sums, which they shall respectively be assessed iu
pursuance of tliat Act, in Bills of Credit on this Province; Provided they pay the Bills
aforesaid to'the Collectors of said Assessment oil or before the last Day of December 1751 ;
And whereas hj a Resolve of this Court, the fifih of Octoljcr last, the Treasurer is directed
to receive of the Collectors of Taxes, any of the Government Notes, which arc payable on
or before the 31'*' of December 1751, for the Payment of their respective Collections; Ac-
counting Principal & Interest & Premium due thereon, provided the said Notes were 1)rought
into the Treasury on or before the said Si'*' of December 1751 ; And whereas said Term is
elapsed, & the whole of the said Tax is not yet paid in, to the Collectors impowcred to col-
lect the Same, l)y reason that the Warrants for collecting came to them so late, that it has
been impracticable fully to effect the same ; And as by the Act aforesaid the Collectors have
Time allowed them to the 31^' of March next, to Settle thek Accounts with the Province
Treasurer,

Therefore Voted that the Inhabitants of the Province have full Liberty to pay the sev-
eral Siuns, which they are respectively As=:essed in Bills of Credit aforesaid, or in Govern-
ment Notes, that were payable the 31^' of December last, accounting Principal & Premium,
as also the Interest due thereon until the Sl^t clay of Dcccm'' last & no longer.

In Council ; Read & Concur'd Consented to by the Lieu' Govern'." — Council Records,
vol. XIX., p. 407.

" Chap. 12. " June 5. 1752. A Petition of the Town of Boston Setting forth the distressed
State of the said Town by the Prevailing of the small Pox among them the great Increase
of the Poor, Decay of their Trade, & the Removal of many of then- Inhabitants to other
Towns, with Other Misfortunes ; Praying for the Compassion of this Court either by grant-
ing them a Sum of IVIoney out of the publick Treasury, or in such other way as'shall
. appear best to the Wisdom of the Court.

In the House of Representatives Read & the following Vote Pass'd ; viz*. —

Whereas by reason of the Small Pox so generally prevailing in the To^vn of Boston,
many Persons are reduced to very great Streights & necessitous Circumstances, who oth-
erwise would have been la a Capacity to have Subsisted their Familys in comfortable Cir-
cumstances

Resolved that the Sum of Six hundred Poimds be allowed & paid out of the publick
Treasury to the Overseers of the Poor of the Town of Boston, to be distributed among such
Persons as they shall judge to stand in need of Releif for the Reasons aforesaid.

In Council Read & Concur'd Consented to by the Lieutenant Governor." — Ibid.,
p. 481.

Chap. 14. " .January 22 1752. A Memorial of Samuel Flynt, Daniel Epes jun"' Esq'" &
others in behalf of the Village & Middle Precincts in Salem, Setting forth the many Incon-
veniences they labour under in their present Circumstances, & Praying that they may be
set off from tlic said Town, & incorioorated into a District In Council, Read & Ordered that
the Memorialists serve the Town of Salem with a Copy of this Petition, that so they may shew
cause, if any they have on the first Wednesday of the next Sitting of the General Court why
the Prayer "thereof should not be granted. — ^In the House of Repres.^«s Read & Nou-con-
cur'd." — Ibid., p. 425.

ACTS,

Passed 1752 — 53.

[607]

ACTS

Passed at the Session begun and held at Concord,
ON the Twenty-seventh day of May, A. D. 1752.

CHAPTER 1.

AN ACT IN FURTHER ADDITION TO THE ACT FOR LIMITATION OF AC-
TIONS, AND FOR AVOIDING SUITS AT LAW, WHERE THE MATTER IS
OF LONG STANDING.

Whereas in a late law of this province, entitled " An Act in addition Preamble.
to and for [an] explanation of an act, entitled 'An Act for limitation 1748-49, chap. it.
of actions, and avoiding suits at law, where the matter is of long
standing,' " made and pass[e]d in the twenty-second year of his present
majesty's reign, the time limited for commencing of all actions of ac-
compt, and upon the case, excepting as therein is excepted, will expire
in September next ; and tvhereas the difficulties arisen by the exchange
of the medium of trade in this province, and the prevalencj' of the
small-pox in Boston and sundry other towns in this gover[7^]ment, ren-
der it almost impracticable to have such accompts and actions of the
case set[i]led within the time by said act limit[^]cd for that purpose, —

Be it therefore enacted by tlieLie[y'\\tdenan']t-(jrOvernour.) Council and
House of Representativ\_e']s^

That the time for commencing of actions of accompts, and of the Act continued
case, by said act limited as aforesaid, be and the same is hereby ex- *!.'^^^eptember,
tended to the first da^^ of September, which will be in the 3'ear of our
Lord one thousand seven hundred and fifty-fo[w][«]r ; and no suit
hereafter to be brought in such cases shall be barred, if commenced be-
fore the expiration of said term. [^Passed Jane 5 ; published June 16.

CHAPTER 2.

AN ACT IN ADDITION TO AN ACT FOR THE MORE SPEEDY EXTIN-
GUISHMENT OF FIRE, AND PRESERVING GOODS ENDANGERED
BY IT.

Whereas in and by an act made and passed in the eighteenth y&nx Preamble.
of his present majesty's reign, entitled "An Act for the more speedy 1:44.45, chap. 30,
extinguishment of fire, and preserving goods enda[n]gered by it," it ^^"
is enacted that the several towns within this province may, if they see
fit, at their anniversary meeting in March, annually, appoint a suitable
number of persons, not exceeding ten, who shall be denominated fire-
wards, whose particular business shall be to take care and govern at
fires, which, from time to time, may break out, as in and by said act they

610

Province Laws. — 1752-53.

[Chap. 3.]

Town of Boston
empowered to
choose twelve
fire- wards.

are directed and impowered to do ; and whereas, by experience, the fire-
wards, who have been annually chosen by the town of Boston, have
been found to be of great use and service to the said town at times of
fires, and it is apprehended it would greatly serve the said town if their
numbers were increased, —

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

That it ehall and may be lawful[l] for the town of Boston, who at
present have ten fire-wards, at any town meeting warned for that pur-
pose, to el[l]ect and appoint two more meet persons as fire-wards, who
shall serve in that oflBce till their anniversary meeting in March next ;
and from thenceforward, as they shall see cause, to chuse twelve per-
sons for that purpose, annually, who shall do the duty and be invested
with the like powers and priviledges as fire-wards in and by the said act
are invested withal. [^Passed June 4 ; published June 16.

CHAPTEK 3.

Time of this
act's continu-
ance.

Kate of excise.

Account to be
taken.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES
AND SPIRITS DISTILLED, SOLD BY RETAIL, AND UPON LIMES, LEM-
[3f]0NS AND ORANGES.

We, his majesty's most loyal and dutiful subjects, the representatives
of the province of the Massachuset[^]s Ba}^, in general court assem-
bled, being desirous to lessen the present debt of the province, have
chearfuUy 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 brand}', rum and other spirits
distilled, and upon all wines whatsoever sold % retail, and upon lem-
mons, limes and oranges taken in and used in making of punch or other
liquors mixed for sale, or otherwise consumed, in taverns or other li-
censed houses within this province, to be raised, levied, collected and
paid by and upon every taverner, innholder, common victual [^]er and
retailer within each respective count}', in manner following : —

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

[Sect. 1.] That from and after the twenty-ninth da}' of June, one
thousand seven hundred and fifty-two, for the space of one year, every
person licensed for retailing rum, brandy or other spirits, or wine, shall
pay the duties following : —

For every gallon of brandy, rum and spirits distill[e]'d, fourpence.

For every gallon of wine of every sort, sixpence.

For every hundred of lem[m]ons or oranges, four shillings.

For every hundred of limes, one shilling and sixpence.
— And so proportionably for any other quantity or number.

And be it farther enacted,

[Sect. 2.] That every taverner, innholder, common victual[Z]er
and retailer, shall, upon the said twenty-ninth day of June, take an
exact acco[mp][?iu]t of all brandy, rum and other distilled spirits, and
wine, and of all lem[m]ons, oranges 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 duties of excise in the respective counties shall
be let[t] or farmed, as in and by this act is hereafter directed ; and
such other persons as shall be licensed during the continuance of this
act, shall also give an account, as aforesaid, upon oath, what brandy,

[1st Sess.] Province Laws. — 1752-53. 611

rum or other distilled spirits, and wine, and of what lem[m]ons, oranges
or limes he or they shall have by him or them at the time of his or
their licence ; which oath the person or persons farming the duties afore-
said shall have power to administer in the words following ; viz'^'^., —

Yon, A. B., do swear that the acco[mp] [M«]t exhibited by you is a just Form of an oath,
and true acco [mp] [^<?^] t of all brandy, rum and other distilled spirits, and
wine, lem[m]ons, oranges 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 licens[c]ed on said
twenty-ninth day of June, the form of the oath shall be so varied as
that instead of those words, " on the twent3'-ninth da}^ of June last,"
these words shall be inserted and used, " at the time of your taking
your licence."

And be it further enacted^

[Sect. 3.] That ever}- taverner, innholder, common victual[?]er and Within six
retailer shall make a fair entry in a book, of all such rum, brandy and coums^to^be
other distilled spirits, and wine, as he or they, or any for him or them, delivered,
shall buy, distill and take in for sale after such acco[mp][?m]t taken,
and of lem[m]ons, oranges and limes taken in, consumed or used as
aforesaid, and at the end of every six months, deliver the same, in
wril[t]ing, under their hand, to the farmer or farmers of the duties afore-
said, who are impow[e]red to administer an oath to him or them, that
the said acco[mp][wu]t is, bo7idJide, just and true, and that he or they
do not know of anv rum, brandy or other distilled spirits, or wine, sold,
directly or indirectly, or of any lera[m]ons, oranges or limes used in
punch or otherwise, by him or them, or any under him or them, or
by his or their privit}' or consent, but what is contained in the ac-
co[mp][Mn]t now exhibited, and shall pay him the duty thereof, ex- Twenty per
cepting such part as the farmer shall find is still remaining by him or fo?ieakage.*^
them ; twenty per cent to be allowed on the liquo[u]rs afore mentioned
for leakage and other waste, for which no duty is to be paid.

Provided alivays, and it is the true intent and meaniug of this act, —

[Sect. 4.] That if an}- taverner, retailer or common victual [?]er. Proviso,
shall buy of an}'- other taverner or retailer such small qnantit}^ of
liquo[u]rs as this act obliges him to acco[mp][?«i]t for to the farmer,
and pay the excise, such taverner, retailer or common victual [^]er
shall be exempted and excused from acco[mp][^f?i]ting or paying any
•excise therefor, inasmuch as the same is acco[mp][?m]ted for, and
the excise therefor to be paid, by the taverner or retailer of whom he
bought the same.

A7id be it further enacted,

[Sect. 5.] That every taverner, innholder, common victual[Z]er or Penalty on
retailer, who shall be found to give a false acco[mp][?'w]t of any fccolfnt.*^^'^*
brand}', distilled spirits, or wine, or other the commodit[y][?'e]s afore-
said, by him or her on the said twenty-ninth day of June, or at the
time of his or her taking licen[s][c]e, or bought, distilled, or taken
in for sale afterwards, or used as aforesaid, or refuse to give in an ac-
co[mp][wn]tj on oath, as aforesaid, shall be rendered incapable of hav-
ing a licence afterwards, and shall be prosecuted by the farmer of
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 liquo[u]rs,.&c., by him or her sold within
such time, would have amounted to, to be paid to the said farmer.

And be it farther enacted,

[Sect. 6.] That the justices in their general sessions of the peace General ses-
shall take recognizances, with sufficient sureties, of all persons by them r'ewgpizln'w.

612

Province Laavs.— 1752-53.

[Chap. 3.]

Preamble.

Forfeiture of
£4 for selling
T\'itbout
license, &c.

One witness
sufficient for
coiivictiou.

licensed, both as to their keeping good rule and order, and dul}- observ-
ing the laws relating to persons so licensed, and for their du[e]ly and
tru[e]ly rendering an acco[mp][i(H]t in writ[t]ing under their hands
as aforesaid, and pa3ing their excise in manner as aforesaid ; as also
that the_y shall not use their licence 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
licensed shall lose the benefit of his or her said licence ; and no person
shall be licensed by the said justices that hath not acco[mp] [»»Jted
with the farmer, and paid liim the excise due to him from such person
at tlie time of his asking for such licence.

And tvhereas, notwithstanding the laws made against selling strong
drink without licence, man}- persons not regarding the penalties and
forfeitures in the said act, do receive and entertain persons in their
houses, and sell great quantit[3-][ie]s of spirits and other strong drink,
without licence so to do first had and obtained, b}^ reason whereof great
debaucheries are committe[e]d and kept secret, the end of this law in
a great measure frustrated, and such as take licences and pay the excise
greatly wronged and injured, —

Be it therefore enacted,

[Sect. 7.] That whosoever, after the said twent^'-ninth day of June,
one thousand seven hundred and fifty-two, shall presume, either directly
or indirectl}-, to sell an}- brandy, rum or other distilled spirits, wine,
beer, cyder, perry or any other strong drink, in any smaller quantity
than a barrel (thirty gallons to be accounted a banel, and all delivered
to one person without drawing any part of it off) , without licence first
had and obtained from the court of general sessions of the peace, and
recognizing in manner as aforesaid, shall forfeit and pay for each offence,
the sum of four pounds and costs of prosecution ; the one half to the
farmer, and the other half to the infoi'mer : and all such as shall refuse
or neglect to pay the fine aforesaid, shall stand closely and strictly com-
mitted in the common goal of the county for three months 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 two
pounds, and pay costs of prosecution as aforesaid : and if any person
or persons, not licensed as aforesaid, shall order, allow, permit[t] or con-
nive at the selling of any strong drink, contrary to the true intent or
meaning of this act, by his or her child or children, servant or servants,
or any other person or persons ])elonging to or in his or her house ok
family, and be thereof convict, he, she or they shall be reputed the
oftender or offenders, and shall suffer the same penalties as if he, she or
tUey had sold such drink themselves.

And be it further enacted,

[Sect. 8.] That when any person shall be complained of for selling
any strong drink without licence, one witness produced to one such
fact, and another produced to another, shall be sufficient conviction,
provided that there be not more than the space of six months 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
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 retail-
ing strong drink in such houses, outhouses or other depend[a] [ejncies
thereof; and if upon examination of such witnesses, and hearing the
defence of such suspected person, it shall appear to the justice there is
sufficient proof of the violation of this act by selling strong drink with-
out licence, judg[e]ment may thereupon be made up against such per-
son, and he shall forfeit and pay in like manner as if process had been

[1st Sess.] Province Laws. — 1752-53. 613

commenced by bill, plaint or information before the said justice, or
otberw[a3-s][/se] may 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 be it further enacted,

[Sect. 9.] That when and so often as anj^ person shall be com- Penalty for
plained of for selling any strong drink without licence to any negro, ddi'k^to^'ie"^
Indian or molatto slave, or to any child or other person under the age g>''>t'S' muiat-
of discretion, and upon the declaration of any such Indian, negro or **'
molatto slaves, child or other person imder the age of discretion, and
other circumstances concurring, it shall appear to be highly probable
in the judgment of the court or justice before whom the trial shall be,
that the [jerson complained of is guilty, then, and in every such case,
unless the defendant shall acquit him- or herself upon oath (to be ad-
minist[e]red to him or her by the court or justice that shall try the
cause), such defendant shall forfeit and pay two pounds to the farmer
of excise and costs of prosecution ; but if the defendant shall acquit
him- or herself upon oath as aforesaid, the court or justice may and
shall enter up judgment for the defend [a] [e]nt to reoover costs.

And be it farther enacted^

[Sect. 10.] That after any person shall have been once convicted Persons after
of selling strong liquo[uJrs without licence, contrary to this act, he tou'nterinto°°
shall, upon every ofl'euce after such first conviction, be obliged to enter bonds.
into bonds, with one or more sureties, in the penalty of twenty pounds,
to his majesty, for the use of this government, that he will not, in like
manner, off"end or be guilty of any breach of this act ; and upon refusal
to give such bond, he shall be committed to prison until [•!] he comply
therewith.

And be it farther enacted,

[Sect. 11.] That if any person or persons shall be summoned to Penalty on per-
appear before a justice of the peace, or the grand jury, to give evidence g?ve evi ieuce.'^*'
relating to any person's selling strong drink without licence, or to ap-
pear before the court of general sessions of the peace, or other court
proper to try the same, to give evidence on the trial of any person in-
formed against, presented or indicted for the selling strong drink with-
out licence, and shall neglect or refuse to appear, or to give evidence
in that behalf, every person so offending shall forfeit the sum of twenty
pounds and cost of prosecution ; the one half of the penalty aforesaid
to be to his majesty for the use of the province, 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 i)erson or persons informed against, for
selling strong drink without licence, is or are to be prosecuted for the
same, in every such case, the deposition of any witness or witnesses
in writ[t]ing, taken before any two of his majesty's justices of the
peace, qaorum umis, 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 sufficient evidence, in
the law, to convict any 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 per-
sons 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 inquired of,
shall be liable and subject to the same penalt}^ 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.

614

Province Laws. — 1752-53.

[Chap. 3.]

IIow fines are
to be recovered.

Persons cm-
powered tofarrn
out the excise.

Farmer to give
bond that the
sum agreed for
be paid into the
public treasury.

And be it further enacted,

[Sect. 12.] That all fines, forfeitures and penalties arising by this
act shall and may be recovered by action, bill, plaint or information,
before any court of record proper to tr}' the same ; and where the sum
forfeited does not exceed four pounds, by action or complaint before any
two of his majesty's justices of the peace, quorum unus, in the respect-
ive counties where such offence shall be committe[e]d ; which said jus-
tices are impowered to try and determine the same. And such justices
shall make a foir entr}' or record of all such their proceedings : saving
always to any person or persons who shall think him-, her- or themselves
aggr[ei] [/e]ved by the sentence or determination of the said justices,
liberty of appeal therefrom to the next court of general sessions of the
peace to be bolden in and for said county', at which court such offence
shall be finally determined : i^rovided that in said appeal the same rules
be observed as are alread}', by law, required in appeals from justices to
the court of general sessions of the peace.

And to the end the revenue a[r] rising from the aforesaid duties of
excise may be advanced for the greater benefit and advantage of the
publick,- —

Be it farther enacted,

[Sect. 13.] That one or more persons, to be nominated and ap-
pointed by the general court, for and within the several counties within
this province, publick notice being first given of the time and place and
occasion of their meeting, shall have full power, and are hereby author-
ized, fiom time to time, to contract and agree with ixny person for or
concerning the farming the duties in this act mentioned, upon brandj'',
rum, or other the liquo[u]rs and commodities aforesaid, in the respect-
ive counties for which they shall be appointed, as may be for the great-
est profit and advantage of the publick, so as the same exceed not the
term of one jear after the commencement of this act ; and every person
to whom the duties of excise in an}^ county shall be let[t] or farmed,
shall have power to inspect the houses of all such as are licensed, and
of such as are suspected of selling without licence, and to demand, sue
for, and recover the excise due from licensed persons by virtue of this
act.

And he it further enacted,

[Sect. 14,] That the farmer shall give bond with two sufficient
sureties, to the province treasurer for the time being, and his successors
in said office, in double the sum of mon[e]y that shall be contracted
for, with condition that the sum agreed be paid into the province treas-
my, for the use of the province, at the expiration of one j'ear from the
date of such bond ; which bond the person or persons to be appointed
a committee of such county are to take, and the same to lodge with the
treasurer as aforesaid, within twenty daj-s after such bond is executed.
And the said treasurer, upon failure or neglect of payment at the time
therein limitted, shall and is hereby impow[e]red and directed to issue
out his execution, returnable in sixty days, against such farmers of
excise and their sureties, or either of them, for the full sum expressed
in the condition of their bonds, as they shall respectively become due,
in the same manner as he is enabled by law to issue out his execu-
tions against defective constables ; and the said committee shall render
an account of their proceedings touching the farming this duty on rum,
wine and other the liquo[u]rs and species afore mentioned, in their
respective counties, to the general court in the first week of their f^^ll
sessions, and shall receive such sum or sums for their trouble and ex-
pence in said affair as said court shall think fit to allow them.

[Sect. 15.] And ever}' person farming the excise in any county may
substitute and appoint one or more deputy or deputies under him, upon

[1st Sess.] Province Laws.— 1752-53. 615

oath, to collect and receive the excise aforesaid, which shall become due
in such county, and pay in the same to such farmer ; which deputy or
deputies shall have, use and exercise all such powers and authorities as
in and by this act are given or committed to the farmers for the better
collecting the duties aforesaid, or prosecuting of offenders against this
act.

And be it further enacted, anything hereinbefore contained to the con-
trary notioith standing,

[Sect. 16.] That it shall and may be lawful [1] to and for the said f^f^"*^'''^^
farmers, and every of them, to compound and agree with any retailer any rctaner^or
or innholder within their respective divisions, from time to time, for his innhoider.
or her excise for the whole .year, in one entire sum, as they in their dis-
cretion shall think fit 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 or farmed, by themselves or
their lawful substitutes, may and hereby are impow[e]red to sue for
and recover, in any of his majesty's courts of record (or before a jus-
tice of the peace where the matter is not above his cognizance), any
sum or sums that shall grow due f [rom][or] any of the aforesaid duties
of excise, where the party or parties f [or] [rom] whom the same is or
[or] shall become due shall refuse or neglect to pay the same.

And be it further enacted,

[Sect. 17.] That in case any person farming the excise as afore- Penalty for
said, or his deput3% shall, at any time during their continuance in said deputles^offend-
ofDce, wittingly and willingly connive at, or allow, an^' person or per- ing-
sons within their respective divisions, not licensed by the court of gen-
eral sessions of the peace, their selling any brandy, wines, rum or
other liquo[u]rs by this act forbidden, such farmer or deputy, for every
such offence, shall forfeit the sum of fifty pounds and cost[s] of prose-
cution ; one half of the penalty aforesaid to be to his majesty for the
use of the province, the other half to him or them that shall inform and
sue for the same, and shall thenceforward be forever disabled from serv-
ing in said office.

And be it further enacted,

[Sect. 18.] That in case of the death of the farmers of excise in Provision in
any county, the executors or administrators of such farmer shall, upon &c?° ^'^ '
their taking such trust of executor or administrator 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 this act. [^Passed
June 4* ; published June 16.

CHAPTER 4.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED POUNDS FOR
THE SUPPORT OF HIS HONOUR THE J.IEUTENANT-GOVERNOUR AND
COMMANDER-IN-CHIEF.

Be it enacted by the Lieutenant- Governour, Council and House of Rep-
resentatives,

That the sum of three hundred pounds be and hereby is granted unto Governor's
his most excell[en]t majesty, to be paid out of the publick treasur}^ to ^^^^ '
his honour Spencer Phip[p]s, Esq"^"^^., lieutenant-governour and com-

* So entered on the engrossment; but on the record it appears to have been signed
June 3.

GIG

PiioviNCE Laws.— 1752-53. [Chaps. 5, 6.]

mander-in-chief in and over his majesty's province of Massacliusetp]s
Bay, for his past services, and furtlier to enable him to manage tlie pub-
lick affairs of the province. [^Passed Jane 4 ; jpuhlislied June 16.

CHAPTER 5.

Preamble.

Alteration of
tlie liiTiL's for
holding the
superior court
in the counties
of Worcester

AN ACT FOR ALTERING THE TIMES FOR HOLDING THE SUPERIOUR
COURT OF JUDICATURE, COURT OF ASSIZE AND GENERAL GOAL
DELIVERY, NEXT TO BE HOLDEN WITHIN AND FOR THE COUN-
T[Y][/£]S OF WORCESTER AND IIAM[P]SHIRE.

Whereas by reason of there being but nineteen days in the month of
September next, the superiour court of judicature, court of assize and
general goal deliveiy, cannot this year be held in and for the county
of Ham[/)] shire, at the time by law appointed for holding the same,
nor can the said court this year l)e holden in and for the county of
Worcester at the time by law a[)pointed for holding the same, without
great inconvenience to the justices thereof, —

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

That the superiour court of judicature, court of assize and general
goal delivery, which by law was appointed to be holden yearly at
Worcester, in and for the county of Worcester, on the third Tuesday of
September, and at Springfield in and for the county of IIam[p] shire,
:ina Hampshire, ^j-^ ^j^g fourth Tucsday of the same month, shall this year be holden at
1742.43, chap. 32, ^Qf^ester, in and for the county of Worcester, on the second Tuesday
of September next, and at Springfield, in and fur the county of IIam[p]-
shire, on the third Tuesday of the same month ; and all appeals made,
and all writ[t]s, recognizances, and process returnable to the said court
at either of the times heretofore by law appointed for holding the same,
shall be returned to, and heard and tryed by the said court at the re-
spective times by this act appointed for holding the same ; and all per-
sons bound by recognizance, or otherwise, to appear at the said court,
at either of the times by law heretofore appointed for holding said
court, shall in like manner be held and obliged to appear at the said
court, at the respective times by this act appointed for holding the
same, and abide by and perform the judgment that shall be then given
by the said court thereon. \_PassedJune 5 ; imhlished June 16.

CHAPTER 6.

AN ACT ENABLING THE ASSESSORS OF THE TOWN OF STOUGHTON,
FOR THE YEAR 1751, AS ALSO* THE ASSESSORS OF THE FIRST AND
V^ THIRD PARISHES IN SAID TOWN, TO ASSESS THE INHABITANTS OF
SAID TOWN AND PARISHES FOR THE SEVERAL TAXES FOR SAID
YEAR; AS ALSO THE CONSTABLES OR COLLECTORS FOR SAID YEAR,
TO COLLECT THE SAME.

Preamble. Whereas the asscssors of the town of Stoughton, for the year [1751]

{one thousand seven hundred fiftv-onel^^ in making their assessments for
said year, assessed the pol[ei[/]s at five shillings only, without pro-
portioning the additional sum paid the representative on the pol[e][/]s,

[1st Sess.] Province Laws.— 1752-53. 617

and also from a misapprehension of the law, taxed the principal sum of
the money at interest, and not the interest of the money onl}*, which
they ought to have done, whereby great inequalitj^ arises to many .per-
sons in said town, —

Be it therefore enacted by the L[^eiy'][_ieutenan']t-Governov.r, Council
and House of Representatives,

[Sect. 1.] That the said assessment be and hereby is declared stoughton
unlawful [1] and void ; and the constables or collectors to whom war- ma^il^bythe
rants bave been given for collectinsf the same, are hereby forbidden assessors for

the vear 1751

to proceed any further in collecting said assessments ; and they are declared void,
hereby required forthwith to pay in to the treasurer of said town of
Stoughton all such mon[i]e[y]s as they have received in consequence
of such warrants, whether of province, town or county taxes, and to
deliver up to the said treasurer the respective rate-lists, with credit to
each man's name of what be has paid.

And be it further enacted,

[Sect. 2.] That the assessors of said town of Stoughton, for the The same as.
year [1751] [^one thousand seven hundred fifty-one'], be and hereby are thfsafd'^assess^
directed forthwith to make the said assessment anew, and to assess the ^^^^» anew,
said town of Stoughton for the whole sum of province, town and county
charges, that they were to be assessed in said j'ear [1751] [one thou-
sand seven liundred fifty-one'], excepting those families set off to the
town of Walpole as to ministerial and school charges; and in mak- Rules for their
ing said assessment shall only tax the lawful [1] interest of money ; and therelu?"^^
all other estate to be assessed as the law directs : and in their taxing
the pol[e][/]s in said town, shall, over and above the five shillings
which a p-l[e][?] is set at, also proportion the additional sum paid
the repre-entative on pol[e][?]s and estate, and shall commit the lists
of their s[oi]d assessments to the constables or collectors of said town
for the j-ear [1751] \_one tliousand seven hundred fifty-one'].

[Sect. 3.] And the province treasurer is hereby impowered and Province treas-
directed to send out his warrants to the constables or collectors of hL'^wMranu."^'
the said town of Stoughton for the year [1751] \_one thousand seven
hundred fifty-one], requiring them to collect the said province tax, and
the said assessors for [1751] [^one tliousand seven hundred fifty-one~], as
also the clerk of the" peace for the county of Suffolk, are alike impowered As also the
and directed to issue their respective warrants to the said constables peac1;°for'the
or collectors, requiring them to collect the town and county taxes that county of Suf-
are to be assessed as aforesaid.

[Sect. 4.] And each of the said collectors or constables are required Rules for the
in collecting saiil assessments to give credit to any person so much as o^gei^ye^ *°
appears he paid of the said assessment upon the former rate-lists ; and
if any person paid more than wdiat he shall be assessed in the new
assessment to the province, town and count}' charges, he shall be re-
funded the overplus b}' the said town treasurer ; and in case the sums
either of the persons paid upon the former rate-lists be not sufficient to
discharge the sums in the new assessment, they are hereby subjected to
pay to the said collectors or constables such further sums as shall make
up the whole they are assessed in the new assessment.

And be it further enacted,

[Sect. 5.] That the inhabitants of the first and third parishes in First and third
said town, as also the assessors and collectors of said parishes for said ^|'oJ,^btol"to
3'ear [1751] [one thousayid seven hundred fifty-one], axQ hereby sub- confirm to the
jected to conform to the aforesaid rule with regard to their parish ^'""^'■'^^^•
assessments.

And be it further enacted,

[Sect. C] That the respective constables or collectors of said town As also their
for the year [1751] [one thousand seven hundred fifty-one], as also the couTctors.^"*^
78

618 Province Laws.— 1752-53. [Chap. 7.]

collectors of the first and third parishes in said town, are hereby im-
powered and directed to collect said assessments, and to pay in the
same as they shall be directed and required by their respective war-
rants. [^Passed June 5 ; publisJied June 16.

CHAPTER 7.

AN ACT FOR GRANTING TO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING.

1751-52, chap. 16. Whereas in and by an act of this province, passed in the present
year of his majesty's reign, Andrew Oliver, Thomas Hubbard, Esqrs.,
and Mr. Harrison Gray, were irapowered to borrow, for a term not ex-
ceeding two years, a sum not exceeding eighteen thousand six hundred
pounds, in Spanish mill'd dollars, or lawful! mony at six shillings and
eightpence per ounce, or gold at five pounds one shilling and sevenpence
per ounce, or government's securities, which became due the thirty-first
day of December past, or shall become due the tenth of this instant
June, also in warrants on the treasury ; and [should *] give security to
the lenders of the mony so borrowed, and should pay the same into the
treasury, for the supply thereof ; and by the said act it was further or-
dered that the treasurer should pay the principle and interest as the
same should respectively become due, on all the notes given by the
committee aforesaid, for all such sums as they should so borrow for
the government, and deposit in the treasury ; and in order to enable
the treasurer to discharge the notes and obligations that should by the
committee be given for said sum, in pursuance of the afore-mentioned
act, it was therein provided, that the duty of impost for two years, from
the twenty-ninth day of June, 1752, should be applyed for the pay-
ment and discharge of the principle and interest that should become
due on said notes and obligations, and to no other purpose whatever, —

"We, his majesty's most loyal and dutiful subjects,, the representatives
of the province of Massachusetts Bay, in New England, being desirous
of enabling the treasurer to discharge the notes and obligations as
aforesaid, have chearfull}'^ and unanimously given and granted, and do
hereby give and grant, to his most excellent majesty", to the end and use
aforesaid, and to no other use, the several duties of impost upon wines,
liquors, goods, wares and merchandizes 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 Lieutenant-Governour, Council
and House of Representatives,

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

For every pipe of Madeira, twenty shillings.

For every pipe of other sorts not mentioned, eighteen shillings.

* This word is imperfectly written in the engrossment.

[1st Sess.] Peovince Laws.— 1752-53. 619

For ever}' hogshead of rum, containing one hundred gallons, fifteen
shillings.

For ever}' hogshead of sugar, fourpence.

For every hogshead of molasses, fourpence.

For every hogshead of tobacco, six shillings.

For every ton of logwood, fourpence.
— And so, proportionably, for greater or lesser quantities.

And all other commodities, goods or merchandize not mentioned or
excei)ted, fourpence for every twenty shillings value : all goods im- '
ported from Great Britain, and hogshead and barrel-staves and heading
from any of his majesty's colonies and provinces on this continent,
excepted.

[Sect. 2.] And for any of the above wines, liquors, goods, wares
and merchandize, &c^, that shall be imported into this province from
the port of their growth and produce, by any of the inhabitants of the
other |)rovinces or colonies on this continent, or the English West-India
Islands, or in any ship or vessel to them belonging, on the proper ac-
count of any of the said inhabitants of the other provinces or colonies
on this continent, or of the inhabitants of any of the English West-
India Islands, there shall be paid by the importers double the impost
appointed by this act to be received for every species above mentioned ;
and for all rum, sugar and molasses imported and brought into this
province in any ship or vessel, or by land-carriage, from any of the col-
onies of Connecticut, New Hampshire or Rhode Island, shall be paid
by the importer, the rates and duties following : —

For every hogshead of rum, containing one hundred gallons, thirty-
three shillings.

For every hogshead of molasses, containing one hundred gallons,
one shilling and sixpence.

For every hogshead of sugar, containing one thousand weight, two
shillings.
— Ami in that proportion for more or less thereof.

And for all European goods, and for all other goods, wares or mer-
chandize, eightpence for every twenty shillings value : provided always^
that all hogshead and barrel-staves and heading from any of his maj-
esty's provinces or colonies, all provisions and other things that are the
growth of New England, all salt, cotton-wool and pig-iron are and shall
be exempted from every the rates and duties aforesaid.

And he it farther enacted.,

[Sect. 3.] That the impost rates and duties afores^ shall be paid
in current lawful money, 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 of any wines, liquors, goods or merchandize : only the com-
missioner 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 six pounds ; and in cases where the commissioner or
receiver shall give credit, he shall ballance and settle his accompts with
every person on or before the last day of April, so that the same ac-
compts may be ready to be produced in court in May next after. And
all entries, where the impost or duties 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 he it further enacted,

G20 Peovixce Laws.— 1752-53. [Chap. 7.]

report and deliver a manifest, in writing, under his hand, to the commis-
sioner afores*^, of the contents of the loading of such ship or vessel,
therein pai'ticularly expressing the species, kind and quantities of all
the wines, liquors, goods, wares and merchandize imported in such ship
or vessel, with the marks and numbers thereof, and to whom the same
are consigned ; and make oath before the said commissioner that the
same manifest contains a just and true accompt of all the lading taken
on board and imported in such ship or vessel, so far as he knows or
. beleives ; and that if he knows of any more wines, liquors, goods, wares
or merchandize laden on board such ship or vessel, and imported there-
in, he will forthwith make report thereof to the commissioner aforesaid,
and cause the same to be added to his manifest.

And be it further' enacted,

And be it farther enacted,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or duties afores*^ are payable, or
having the same consigned to them, shall make a like entr}^ thereof
with the commissioner afores*^, and produce an invoice of all such goods
as pay ad vcdorem, and make oath before him in form following ; viz'., —

You, A. B., do swear that the entry of the goods and merchandize by you
now made, exhibits the present i^rice 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 oath the commissioner or receiver is hereby impowered and
derected to administer ; and the owners aforesaid shall pay the duty of
impost by this act required, before such wines, liquors, goods, wares or
merchandize be landed or taken out of the vessel in which the same
shall be imported.

[Sect. 7.] And no wines, liquors, goods, wares or merchandize that
by this act are liable to pa}'^ impost or duty, shall be landed on any
wharfe, 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 comraiss'' or receiver, on pain of forfeiting all
such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessel out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] 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 con-
signed, then the cask wherein the same is, shall be gauged at the charge
of the importer, that the contents thereof ma}' be known.

And be it further enacted,

[Sect. 9,] That the importer of all wines, liquors, goods, wares and
merchandize, within one year from and after the publication of this act,
by land-carriage, or in small vessels or boats, shall make report and
deliver a manifest thereof to the commissioner aforesaid or his deput}^
therein particularly expressing the species, kind and quantity of all such
wines, liquors, goods, wares and merchandize so imported, with tlie marks
and numl>ers thereof, when, how and by whom brought ; and sliall make
oath, before the said commissioner or his deputy, to the truth of such
report and manifest, and shall also pa}^ the several duties aforesaid by

[1st Sess.] PnovixcE Laws.— 1752-53. 621

this act charged and chargeable upon such wines, liquors, goods, wares
and merchandize, before the same are landed, housed or put into any
store or place whatever.

Avd be it further enacted,

[Sect. 10.] That every merchant or other person importing any wines
into this province, shall be allowed twelve per cent for leakage : pro-
vided, such wines shall not have been filled up on board ; and that every
hogsliead, butt or pipe of wine that hath two-thirds 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 for-
feiting the sum of one hundred pounds.

[Sect. 11.] And if it may be made to appear that any wines im-
ported in any ship or vessel be decayed at the time of unloading thereof,
or in twenty days afterwards, oath being made before the coramiss' 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.

And be it further enacted,

[Sect. 12.] That the master of every ship or vessel 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 entred, nor the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
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 and
merchandize imported in any ship or vessel, untill he receives a cer-
tificate, 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. 13.] That the commissioner or receiver of the impost in each
port, shall be and herebj^ is impowered to sue the master of any ship or
vessel, for the impost or duty of so much of the lading of any wines,
liquors, goods, wares or merchandize imported therein, according to
the manifest fo be by him given upon oath, as aforesaid, as shall remain
not entered and the duty of impost therefor 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 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 further enacted,

[Sect. 14.] 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 liable to answer and make
good the sum or sums forfeited by such master, according to this act, for

622 Peovince Laws.— 1752-53. [Chap. 7.]

any such default, as also to make good the impost or duty for any such
wines, liquors, goods, wares and merchandize not entred as aforesaid ;
and, upon judgment recovered against such master, the said ship or ves-
sel, with so much of the tackle or appurtenances thereof as shall be suffi-
cient to satisfy said judgment, may be taken into execution for the same ;
and the commissioner or receiver of the impost is hereby impowered to
make seizure of the said ship or vessel, and detain the same under
seizure untill judgment be given in any suit to be commenced and pros-
ecuted for any of the said forfeitures of impost ; to the intent that, if
judgment be rendred for the prosecutor or informer, such ship or ves-
sel 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 of such ship or vessel from under seizure or restraint,
shall give sufficient security unto the commissioner or receiver of im-
post that seized the same, to respond and satisfy the sum or value of
tlie forfeitures and duties, with charges, that shall be recovered against
the master thereof, upon such suit to be brought for the same, as afore-
said ; and the master occasioning such loss or damage unto his owners,
through his default or neglect, shall be liable unto their action for the
same.

And be it fiirtJier enacted,

[Sect. 15.] That the naval officer within any of the ports of this
province shall not clear or give passes to Q,r\y 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 duty and impost for the goods
last imported in such ship or vessel are paid or secured to be paid.

[Sect. 16.] And the commiss''or receiver of the impost is hereby
impowered to allow bills of store to the master of any ship or ves-
sel importing an}' wines or liquors, for such private adventures as
shall belong to the master or seamen of such ship or vessel, at the dis-
' cretion of the commissioner or receiver, not exceeding three per cent of
the lading ; and the duties payable by this act for such wines and
liquors, in such bills of stores mentioned and expressed, shall be abated.

And for the more effectual preventing any wines, rum or other dis-
tilled spirits being brought into the province from the neighbouring
* governments, by land, or in small boats or vessels, or any other way,

and also to prevent wines, rum or other distilled spirits being first
sent out of this province to save the duty of impost, and afterwards
brought into the governm' again, —

Be it enacted,

[Sect. 17.] That the commissioner and receiver of the afores"^
duties of impost shall, and he is hereby impowered and enjoyned to,
appoint one suitable person or persons as his deputy or deputies, in all
such places in this province where it is likely that wine, rum or other
distilled spirits will be brought out of other governments into this ;
which officers shall have power to seize the same, unless the owner shall
make it appear that the duty of impost has teen paid therefor since
there being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distilled spirits brought or relanded in this govern-
ment, where the duty is not paid as aforesaid, and to seize and secure
the same for the ends and uses as in this act is hereafter provided.

And he it further enacted,

[Sect. 18.] That the commissioner or his cleputies shall have full
power to administer the several oaths afores^, and to search in all
suspected places for all such wines, rum, liquors, goods, wares and
merchandize as are brought into this province, and landed contrary to

[1st Sess.] . Province Laws.— 1752-53. 623

the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

And be it further enacted,

[Sect. 19.] That there shall be paid, by the master of every ship or
other vessel, coming into any port or ports of this province, to trade or
trafRck, whereof all the owners are not belonging to this province (ex-
cept such vessels as belong to Great Britain, the provinces or colonies
of Pensilvania, West and East Jersey, Connecticut, New York, 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 vessel
is in burden : saving for that part which is owned in Great Britain,
this province, or any of the afores'' governments, which are hereby ex-
empted ; to be paid unto the commiss'' or receiver of the duties of im-
post, and to be employed for the ends and uses aforesaid.

[Sect. 20.] And the said commiss' is hereby impowered to appoint
a meet and suitable person, to repair unto and on board any ship or
vessel, to take the exact measure or tunnage 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 shall be cleared,
in case she shall appear to be of a greater burthen : otherwise, to be
paid by the commiss' out of the money received by him for impost, and
shall be allowed him, accordingly, b}' the treasurer, in his accompts.
And the naval officer shall not clear any vessel, untill he be certified,
also, by the commiss"", 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.

AikI be it further enacted,

[Sect. 21.] That when and so often as any wine or rum imported
into this province, the duty of impost upon which shall have been paid
agreeable to this act, shall be reshipped and exported from this govern-
ment to any other part of the world, that then, and in every such case,
the exporter of such wine or rum shall make oath, at the time of ship-
ping, before the receiver of impost, or his deputy', that the whole of the
wine or rum so shipped has, bond fide, had the aforesaid duty of impost
paid on the same, and shall afterwards produce a certificate, from some
officer of the customs, that the same has been landed out of this govern-
ment,— or otherwise, in case such rum or wines shall be exported to
any place where there is no officer of the customs, or to any foreign
port, the master of the vessel in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, uppon producing such certificate, or uppon such oath
of the master, make oath that he verily beleives no part of said wines
or rum has been relanded in this province, — such exporter shall be
allowed to draw back from the receiver of impost as follows ; viz'., —

For every pipe of Western-Island wine, fifteen shillings.

For every pipe of Madeira and other sorts, seventeen shillings.

And for every hogshead of rum, thirteen shillings.

Provided, cdtvays, —

[Sect. 22.] That if, after the shipping any such wine or rum to be
exported as aforesaid, and giving security as aforesaid, in order to ob-
tain the drawback aforesaid, the wine or rum so shipped to be exported,
or any part thereof, shall be relanded in this province, or brought into
the same from any other province or colony, that then all such rum and
wine so relanded and brought again into this province shall be forfeited,
and may be seized b}' the commissioner aforesaid, or his deputy.

And be it further enacted,

[Sect. 23.] That there be one fit person, and no more, nominated
and appointed by this court, as a commissioner and receiver of the

624 Peovince Laws.— 1752-53. • [Chap. 7.]

aforesaid duties of impost and tonnage of shipping, and for the inspec-
tion, care and management of the said office, and whatsoever thereto
relates, 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 tonnage of
shipping as aforesaid that shall become due within such port, and to
render the accompt thereof, and to pay in the same, to the said commis-
sioner and receiver : which said commissioner and receiver shall keep
fair books of all entries and duties arrising by virtue of this act ; also, a
particular accompt of every vessel, so that the duties of impost and ton-
nage arrising on the said vessel may appear ; and the same to lye open,
at all seasonable times, to the view and perusal of the treasurer or
receiver-general of this province (or any other person or persons whom
this court shall appoint), with whom he shall accompt for all collec-
tions and payments, and pa}^ all such monies as shall be in his hands,
as the treasurer or receiver-general shall demand it. And the said com-
missioner or receiver and his deputy or deputies, before their entering
upon the execution of their office, shall be sworn to deal truely and faith-
fully therein, and shall attend in the said office from ten of the clock in
the forenoon, untill one in the afternoon.

[Sect. 24.] And the said commissioner and receiver, for his labour,
care and expences in the said office, shall have and receive, out of the
province treasur}', the sum of sixty pounds per annum ; and his dep-
uty' or deputies to be paid for their service such sum or sums as the
said commissioner and receiver, with the treasurer, shall agrefe upon, not
exceeding four pounds per annum, each ; and the treasurer is hereby
ordered, in passing and receiving the said commissioner's accompts,
accordingly, to allow the payment of such salary or salaries, as afore-
said, to himself and his deputies.

And be it farther enacted^

[Sect. 25.] That no duty of impost shall be demanded for any
goods imported after the publication of this act, by virtue of any
former act for granting unto his majesty an}'^ rates and duties of impost,
and that all penalties, fines and forfeitures accruing and arrising by
virtue of any breach 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 actiou, 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.

And be it farther enacted,

[1st Sess.j Province Laws. — 1752-53, 625

CHAPTEK 8.

AN ACT FOR THE SUPPLY OF THE TREASURY WITH EIGHT THOUSxVND
ONE HUNDRED AND FORTY-TWO POUNDS FOUR SHILLINGS, AND FOR
DRAWING THE SAME AGAIN INTO THE TREASURY ; ALSO FOR AP-
PORTIONING AND ASSESSING A TAX OF TWENTY-FIVE THOUSAND
POUNDS ; AND ALSO FOR APPORTIONING AND ASSESSING A FURTHER
TAX OF ONE THOUSAND SEVEN HUNDRED AND FORTY-TWO POUNDS
FOUR SHILLINGS, PAID THE REPRESENTATIVES FOR THEIR SERVICE
AND ATTENDANCE IN THE GENERAL COURT, AND TRAVEL, AND FOR
FINES LAID ON SEVERAL TOWNS FOR NOT SENDING A REPRESENT-
ATIVE: AMOUNTING IN THE WHOLE TO TWENTY-SIX THOUSAND
SEVEN HUNDRED FORTY-TWO POUNDS FOUR SHILLINGS.

Whereas the great and general court or assembly of the province of
the Massachusetts Bay, did, at their session in December, one thou-
sand seven hundred and fifty-one, pass an act for levying a tax of eigh- 1751.52, chap. i6
teen thousand six hundred pounds ; and by the said act provision was
made that the general court might, this present sitting, apportion the
same on the several towns and districts within this province, if they
thought fit ; and whereas the treasurer is, in and by this act, directed
to issue out of the treasuiy, the sum of eight thousand one hundred
fort^'-two pounds four shillings, for the ends and purposes as is hei'cin-
after mentioned ; wherefore, for the ordering, directing, and effectual
drawing in the sum of twenty-six thousand seven hundred and fort3'-two
pounds four shillings, pursuant to the funds and grants aforesaid, into
the treasury, according to the last apportion agreed to by this court :
all which is unanimouslj^ approved, ratified, and confirmed ; we, his
majesty's most lo^'al and dutiful subjects, the representatives in general
«ourt assembled, pray that it may be enacted, —

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

[Sect. 1.] That each town and district within this province be
assessed and pay, as such town and district's proportion of the sum of
twenty-five thousand pounds, and their representatives' pay, and fines
laid on several towns, the sum of one thousand seven hundred and
forty-two pounds four shillings ; viz., the several sums following ; that
is to say, —

626

Province Laws. — 1752-53.

[Chap. 8.]

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[1st Sess.] Province Laws. — 1752-53.

631

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632

Province Laws. — 1752-53. [Chap. 8.]

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[1st Sess.] Province Laws.— 1752-53. 633

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 tliem, 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, four shillings and twopence per poll, and propor-
tionably in assessing the fines mentioned in this act, and the additional
sum received out of the treasury for the payment of the representatives
(except the governour, the lieutenant-governour and their families,
the president, fellows and students of Harvard College, settled min-
isters 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 otlier persons, if such their be, who, through 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 estate as in their prudence they shall think fit and judge meet.

[Sect. 3.] And the justices in their 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 treasury to the representative of each town
for his service ; and the assessors of each town in the province are also
directed, in making an assessment, to govern themselves b}' 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 from an}' 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 or 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 assessment, to estimate houses and lands at six years' income of
the .yearly rents 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 upon such houses and lands ; and to estimate negro, Indian
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 ; 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 upwards, at eight shillings ; goats and sheep of one year
old, three shillings each: likewise requiring the said assessors to
make a fair list of the said assessment, setting forth, in distinct col-
umns, 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 facult3% and if as
guardian, or for any estate in his or her improvement, in trust, to be
distinctly expressed ; 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

634 Peovince Laws.— 1752-53. [Chap. 8.]

with the sum total to each of them committed, unto himself, some time
before the last da^' of October next.

[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, or constable or constables of such town or dis-
trict, requiring him or them, respectively, to collect the whole of each
resi)ective sum assessed on each particular person, before the last day
of December next ; and to pay in their collection, and issue the ac-
compts of the whole, at or before the last day of March, which will
be in the j^ear of our Lord one thousand seven hundred and fift^^-three.

And be it further enacted,

[Sect. 5.] That the assessors of each town and district, respect-
ively, in convenient 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
notify the inhabitants some other way to give or bring in to the assess-
ors true and perfect lists of their polls, and rateable estate, and income
bj' 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 of this tax, as near as they can,
agreeable to the rules herein given, under the penalty of twenty shil-
lings for each person that shall be convicted b}^ 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 into 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 an}- person or persons shall not bring
in a list of their estate as aforesaid to the assessors, he or they so neg-
lecting shall not be admitted to make application to the court of ses-
sions for an}' abatement 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 the polls, rateable estate, or income b};- trade or
facult}', business or employment, which he doth or shall exercise, or in
gain by money at interest or otherwise, or other estate not particulai'ly
assessed, such list shall be a rule for such person's proportion to the
tax, which the assessors may not exceed.

Ayid 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 de-
livered to the constable or collector, and, before the next year's assess-
ment, 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 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
reside in any town within this province, and bring an}'- merchandize,
and trade, to deal therewith, the assessors of such town are hereby im-
powered to rate and assess all such persons according to their circum-
stances, 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 the constables or collectors are hereby' enjo^nied to

[1st Sess.] Province Laws.— 1752-53. 635

levy and collect all such sums committed to them and assessed on per-
sons who are not of this province, and pay the same into the town
treasury.

And be it further enacted,

[Sect. 8.] That the inhabitants of this province have libert}", if
they see fit, to pay the several sums for which they may be respect-
ivel}' assessed, as their proportion of the aforesaid sura of twenty-
six thousand seven hundred and forty-two pounds four shillings, in good
merchantable hemp, or in good, merchantable, Isle-of-Sable codfish, or in
good refined bar-iron, or in bloomerj'-iron, or in hollow iron-ware, or
in good Indian corn, or in good winter r3'e, or in good winter wheat, or
in good barley, or in good barrel pork, or in barrel beef, or in duck
or canvas, or in long whalebone, or in merchantable cordage, or in good
train-oyl, or in good beeswax, or in good bayberry-wax, or in tryed tal-
low, or in good pease, or in good sheepswool[l], or in good tanned sole-
leather ; and that the eldest councellors, for the time being, of each of
those counties in the province, of which any one of the councellors is
an inhabitant, together with the province treasurer, or the major part
of them, be a committee, who are hereb}^ directed and fully authorized
and impowered, once in every month, if need be, to agree and sett the
several species and commodities aforesaid at some certain price, at
which they shall be received towards the payment of the sums afore-
said ; all which aforesaid commodities shall be of the produce of this
province, and, as soon as conveniently ma}', be disposed of by the
treasurer to the best advantage for so much as they will fetch in money ;
and 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.

[Sect. 9.] And if any loss shall happen by the sale 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.

A7id be it further eyuicted,

[Sect. 10.] That the inhabitants of this province shall have full
liberty to pay in the several sums, which they shall respectively be
assessed in pursuance of this act, in bills of credit on this province ;
also in government securities, signed by Andrew Oliver, Thomas
Hubbard, Esqrs., and Mr. Harrison Gray, with the interest that may
become due thereon : provided, they pay the bills aforesaid to the col-
lectors of said assessments on or before the last ^v^y of December next.

Ayid ivhereas, eight thousand one hundred and forty -two pounds four
shillings, part of the above tax, has not been appropriated in any sup-
ply-bid for the payment of the publick debts, —

Be it further enacted,

[Sect. 11.] That the said sum of eight thousand one hundred forty-
two pounds four shillings, shall be issued out of the treasury, when
received of the constables and collectors, in manner and for the pur-
l^oses following ; that is to sa}', the sum of two thousand five hundred
pounds, part of the aforesaid sum of eight thousand one hundred forty-
two pounds four shillings, shall be appl3-ed for the service of the several
forts and garrisons within this province, pursuant to such orders and
grants as are or shall be made by this court for those purposes ; and
the further sum of seven hundred pounds, part of the aforesaid sum of
eight thousand one hundred fort3'-two pounds four shillings, shall be
applyed for the purchasing provisions, the commissary's necessary dis-
bursements for the service of 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 further sum of three thousand five hundred
pounds, part of the aforesaid sum of eight thousand one hundred forty-

636 Peovince Laws.— 1752-53. [Chap. 8.]

two pounds four shillings, shall be applyed for the payment of such
premiums and grants that now are or hereafter may be made by this
court ; and the further sum of five hundred pounds, part of the afore-
said sum of eight thousand one hundred forty-two pounds four shillings,
shall be applied for the discharge of other debts owing from this prov-
ince to persons that 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 that purpose, and for paper, writing
and printing for this court ; and the farther sum of eight hundred
ninety-two pounds, part of the aforesaid sum of eight thousand one
hundred forty-two pounds four shillings, shall be applyed for the pay-
ment of his majesty's council and house of representatives, serving in
the general court during the several sessions for this present j^ear.

And yohereas there are sometimes contingent and unforeseen charges
that demand prompt pay, —

Be it further enacted,

[Sect. 12.] That the sum of fifty pounds four shillings, part of the
aforesaid sum of eight thousand one hundred forty-two pounds four
shillings, be applied to pay such contingent charges, and for no other
purpose whatsoever.

And he it further enacted,

[Sect. 13.] That the treasurer is hereby directed and ordered to
pay the sum of eight thousand one hundred forty -two pounds four shil-
lings, brought in by taxes as aforesaid, out of such appropriations as
shall be directed to by warrant, and no other ; and the secretar}^, to
whom it belongs to keep the muster-rolls and accompts of the charge,
shall lay before the house of representatives, when they direct, such
muster-rolls and accompts after payment thereof. [Passed J'une 5.

[2d Sess.] Province Laws.— 1752-53. 637

ACTS

Passed at the Session begun and held at Cam-
bridge,* ON THE Twenty-second day of Novem-
ber, A. D. 1752.

CHAPTER 9.

AN ACT FOR DIVIDING THE TOWN OF GROTON, AND MAKING A DIS-
TRICT BY THE NAME OF SHIRLEY.

Whereas the inhabitants of the southwest[ward][er]l3' part of the Preamble.
town of Groton, by reason of the difficulties thoy labour under, being
remote from the place of the publick worship of God, have addressed
this court to be set off a seperate district, whereunto the inhabitants of
said town have manifested their consent, —

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

[Sect. 1.] That the southwestwardly part of the town of Groton, Southwaniiy
comprehended within the following boundaries ; viz"^'^., beginning at the Se°a district,
mouth of Squanacook River, where it runs into Lancaster River; from hy the name of
thence up said Lancaster [River], till it comes to land belonging to the " '^^'
township of Stow ; thence westwardly, bounding southwardly, to said Bounds thereof.
Stow land, till it comes to the southwest corner of the township of
Groton ; thence northwardlv, bounding westwardly, to Lunenburgh and
Townsend, to Squanacook River aforesaid ; thence down said river, and
jo[3'][i]ning thereto, to the mouth thereof; being the first bound, — be
and hereby is set off from the said town of Groton, and erected into a sep-
arate and distinct district, by the name of Shirley ; and that the inhab- rriviieges
itants thereof be and hereby are vested with all the powers, privile[cZ]ges district. *^"^
and immunities which the inhabitants of any town within this province
do, or, b}^ law, ought to enjoy : excepting -ovAy the privile[d]ge of chos-
ing a representative to represent them in the great and general court,
in chusing of whom the inhabitants of said district shall jo[3'][i]n with
the inhabitants of the town of Groton, as heretofore has been usual,
and also in paying said representative.

Provided, nevfirtheless, —

[Sect. 2.] The said district shall pay their proportionable part of Proviso.
all such town, county, parish and province charges as are already
assessed upon the town of Groton, in like manner as though this act
had never been made.

And he it further enacted^

[Sect. 3.] That Mr. John Whitney be and hereby is impowered to Mr. JohnWhit-
issue his warrant, directed to some principal inhabitant in said district, ro^caTtheYrst'^
requiring him to notify and warn the inhabitants of said district quali- meeting.
fied hy law to vote in town affairs, to meet at such time and place as

* Adjourned, the next day, to Boston, where the remainder of the session was held.

638

Province Laws. — 1752-53. [Chap. 10.]

shall be therein set forth, to chuse all such officers as shall be necessary
to manage the affairs of said district. [_Passed January 5 ; publisJied
January 6, 1753.

CHAPTER 10.

AN ACT FOR ERECTING THE SECOND PRECINCT IN THE TOWN OF
NORTHAMPTON, INTO A SEPERATE DISTRICT, BY THE NAME OF
SOUTHAMPTON.

Second precinct
in Northampton
made a separate

district.

Bounds thereof.

Privileges, &c.,
granted said
district.

Proviso.

Joseph Hawley,
Esq., empow-
ered to call the
first meeting.

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

[Sect. 1.] That the said second precinct in Northampton, bounding
north on the Long Division, so called, of common lands in said North-
ampton ; easterly, on the country road, until [1] it comes to the south
end of the Mountain Division of Commons ; then east on that division,
until [1] it comes to Springfield North Line ; tlien on Springfield North
Line aforesaid, until[l] it comes to the southeast corner of Northampton
bounds ; and south on the town of Westfleld, and west on the lands, some
time since country land, now belonging to David Ingersol[e], Esq'^''^.,
of Sheffield's Equivalent Land, so called, — be and hereby is erected
into a seperate and distinct district, by the name of Southampton ; and
that the said district be invested with all the powers, privile[f?]ges
and immunities that towns in this province, by law, do or may enjoy,
that of sending a representative to the general assembly only excepted ;
and that the said district shall have full liberty and right, from time to
time, to join with the town of Northampton in chosing a representative
to represent them at the general assembly' ; and that the district shall,
from time to time, be at their proportion alDle part of the expence of such
representative ; and that the town of Northampton, as often as they
shall call a meeting for the choice of representatives, shall, from time tb
time, give seasonable notice to the clerk of said district for the time
being, of the time and place of holding said meeting, to the end that
said district may jo[y][i]n them therein ; and the clerk of said district
shall set up, in some publick place in said district, a notification thereof
accordingly.

Provided, neveHheless, —

And be it further enacted,

[Sect, 2.] That the said district shall pay their proportion of all
town, county- and province taxes, already set on, or granted to be raised
by, said town, as if this act had not been made.

And be it further enacted,

[Sect. 3.] That Joseph Hawley, Esq'^''^., be and hereby is irapow-
ered to issue his warrant, directed to some principal inhabitant in said
district, requiring him to notify and warn the inhabitants of said dis-
trict, qualified by law to vote in town affairs, to meet at such time and
place as shall be therein set forth, to ch[o][i(]se all such officers as
shall be necessary to manage the affairs of said district. ^Passed Jan-
uary 5 ; published January 6, 1753.

[2d Sess.] Peovince Laws.— 1752-53. 639

CHAPTER 11.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED AND FIFTY
POUNDS, FOR THE SUPPORT OF HIS HONOUR THE LIEUTENANT-
G0VEKN[0Z7]R AND COMMANDER-IN-CHIEF.

Be it enacted by the Lieutenant- Governour, Council and House of
Iiep7'esent\_ati^ves,

That the sum of three hundred and fifty pounds be and hereby is Governor'!
granted to his most excellent majesty, to be paid out of the publick ^'^pp°'''"
treasury to his honour Spencer Phips, Esq'^''^., lieutenant-governour and
commander-in-chief in and over his majesty's province of the Massa-
chusetts Bay, for his past services, and further to enable him to manage
the publick affairs of the province. [^Passed January 5 ; published
January 6, 1753.

CHAPTER 12.

AN ACT FOR FURTHER REGULATING THE PROCEEDINGS OF THE
COURTS OF PROBATE WITHIN THIS PROVINCE.

Be it enacted by the Lieutenant-Governour, Council and House of
Hepres [e« tati^ves,

[Sect. 1.] That ever}'^ person named or to be named executor in Executors of
any last will and testament duly proved and approved, and who hath with twudse*
or shall accept of that trust, shall stand accountable to the judge of of rrobate.
probate, for the time being, of the county where such last testam[en]t 1692-3, chap. 46,
was or shall be so approved, for and concerning the estate of the tes- 170.3.4, chap. 12.
tator, in his or her hands or possession, and touching his or her pro- 1719-20, chap. 10.
ceedings in discharge of said trust, when thereunto lawfully required ;
and ever}- such executor who, not having fully administred the estate Penalty,
of the testator, and paid his debts and legacies, shall refuse or neglect
to account as afores[ai]d, on oath, at such reasonable time as the said
judge shall assign, being duly cited thereunto by such judge, upon ap-
plication to him made for that purpose by any heir, legatee or creditor,
shall stand charged in the same manner, and incur the same penalties
and forfeitures, to be alike recovered and applied, as, upon their refusal
to exhibit an inventory, executors are liable to by force of the act made
in the twelfth 3-ear of his present majesty's reign, intitled " An Act for 1738.39, chap. 23.
the more effectual obliging of executors to inventory the estates of
their testators."

Provided ahvays, —

[Sect. 2.] That nothing in this act foregoing shall be understood Proviso in case
to extend to any executor who is or may be the residuary legatee to ^ r'esi^'uary'^
any last will and testament, and who ma}- or shall have given bond for legatee.
the payment of debts and legac[y][ie]s in manner as is bylaw already
provided.

And be it further enacted,

[Sect. 3.] That every commissioner for receiving the claims of the
creditors to an}^ estate represented insolvent shall be under oath faith-
fully to dischai-ge the trust reposed in him, such oath to be adminis-
tred b}"^ the judge of probate in all cases where the commiss[^■o?Je]rs
shall live within ten miles of such judge's dwelling-house, otherwise,
either by the said judge, or by any justice of the peace for the count}'.

(540

Pkovince Laws. — 1752-53.

[Chap. 12.]

Judge of pro-
bate to issue
■warrants upon
embezzlemeut.

Persons that
have been in-
trusted or have
any part of the
estate in their
hands, to be pro-
ceeded with in
case of conceal-
ment.

The judge to ap-
point guardians
of minors above
fourteen, in
case.

Proviso in case
a minor lives
more than ten
miles from the
judge.

Judge to cite
■witnesses.

How to proceed
in case of con-
tempt.

Limitation.

And be it further enacted,

[Sect. 4.] That when and so often as an}'' person suspected of con-
cealing or embezzleing any part of the estate of any person deceased,
shall have been cited pursuant to law, and shall refuse to appear before
the judge of probate, the said judge is hereby iiiipovv[e]red, by warrant
under his hand and seal, directed to aiw sheriff, his deputy or constable,
or any of them, to cause such suspected person to be apprehended and
brought before such judge, in order to his being examined and proceeded
■with as the law in such case doth direct.

And be it further enacted,

[Sect. 5.] That the several judges of probate be, and they are
hereby impow[e]red, by warrant as afores[ai]d, to convene before them
any person that has been or ma}' be intrusted by any executor or ad-
ministrator with aii}^ part of the estate of the testator or intestate, and
to be.assisting to such executor or administrator in the execution of
their trust, and shall refuse, upon due citation issued from the judge of
probate for that purpose, to appear before him, and render a full ac-
count upon oath of any money, goods or chattels, and of an}' bonds,
accounts or other papers left by the testator or intestate which he shall
have taken into his hands or custody, and of his proceedings for and
on behalf of such executor or administrator in his capacity as such.
And if such person shall refuse to render account as afores[a?']d, such
judge may proceed against him, as judges of probate are by law author-
ized to proceed against any person or persons suspected of conceal-
ment, who refuse to acquit themselves on oath.

And be it farther enacted,

[Sect. 6.] That when any minor above the age of fourteen years
shall be cited by the judge of probate to choose a guardian, and such
minor shall refuse or neglect to appear, or when any minor alcove the
age of fourteen years, after appearing, shall refuse to ch[u][oo]se a
guardian, or any guardian chosen by such minor shall be unable to give
sufficient security, or when any minor above the age of fourteen years
shall be out of this province ; in every such case, the judge of probate
shall have the same power to appoint a guardian as such judge by law
would have in case such minor were under the age of fourteen years.

Provided, nevertheless, —

[Sect. 7.] That when any minor above the age of fourteen years,
living more than ten miles from the judge's dwelling-house, shall choose
a guardian, such minor may have that choice certified to the judge by
any justice of the peace in the same county, or by the town clerk, if no
justice shall dwell in such town, which choice shall be deemed as good
and valid in the law, as if done in said judge's presence.

And be it further enacted,

[Sect. 8.] That when any person shall be cited to appear as a wit-
ness before any judge of probate in any cause or hearing, and such
person shall refuse to appear or to give evidence, he^shall be liable to
the like penalty or damage as he would be liable to for refusing to
appear or give evidence in any of his maj[es]ty's courts within this
province : and all sheriffs, deputy-sheriffs and constables, are hereby
required duly to serve all legal warrants or summons to them directed
by any judge of probate ; and all contempt of authority in any cause or
hearing before any judge of probate, shall and may be punished in like
manner as such contempt of authority in any of his maj[es]ty's courts
within this province might or could by law be punished.

[Sect. 9.] This act to continue and be in force for the space of three
years from the publication thereof, and no longer. \_Passed January
5 ; published January 6, 1753.

[2d Sess.] Province Laavs.— 1752-53. 641

CHAPTER 13.

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

"Whereas it is usual for persons bj' their last wills to devise their Preamble,
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, b}' reason of their disagreem[fn]t or
some legal incapacity tliat some of tbem are under, and other methods
for obtaining such partition are attended with charge, dela}', and other
inconvenieuc[i]es, to the prejudice of such estate ; for remedy whereof, —

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

[Sect. 1.] That when and so often as any devisee, or his guardian, The judge of
■who holds any real estate in partnership with any otlier person or per- po^e^reYto"
sons by force of any last will and testament, shall make application to divide real
the judge of probate of wills, &c'^''^., in the county where such estates wiu.*'^^ ^'^^'^ ^
lie, for a division thereof, it shall and may be lawful for such judge of i692 3, chap. u.
probate to order the whole of the real estate so devised, or that part of ]^-l^^\2o chap 10'
it the partition whereof is requested, to be divided to and amongst the
devisees in proportion according to the will of the testator, by five good
and discreet freeholders of the same county, to be appointed by the
judge of probate, and to be sworn to the due performance 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 within ten miles from the dwelling-
house of the said judge : notice being first given to all parties con-
cerned to be present at the making of such partition, if they see cause ;
which partition or division being return[e']'d 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 any party ag-
gr[ei][ie]ved at the partition so made, the same should be reversed
or altered by the governour and council.

And loJiereas it sometimes happens that real estates devised by will Preamble,
lie in common and undivided with other real estate, and in order to a
just and more convenient partition or division of the real estate so
devised, it ma}^ be deem[e]'d necessary that partition or division should
be first made between the estate so devised, and the other estate lying
in common therewith, —

Be it further enacted^

[Sect. 2.] That in eveiy such case it shall and may be lawful for Division to be
the judge of probate of wills, c&c'^''^, in the county where such estate lies, "nds lTe^T
to impower the five freeholders appointed as aforesaid, first to make common.
partition or division between the lands or other real estate given by
will, and any other lands or real estate lying in common therewith,
notice being first given to all parties as above directed ; and the charge
of the division of any estate by virtue of this act, such charge being
first set[^]led and allowed by the judge, shall be born Iw the several
persons interested, in proportion to their respective interests therein.

Provided^ —

[Sect. 3.] That no partition shall be made where the proportion Proviso in dis.
belonging to the devisees, or any of them, shall appear by the tenor of Pi^'abie cases.
the device to be disputable and uncertain.

Provided also, —

[Sect. 4.] That where any of the persons interested are minors, Guardians to be
or out of the province, guardians be first appointed for such minors minors^ou/of
according to law, and some discreet and indifferent person be appointed the province.
81

642

Peovince Laws. — 1752-53.

[Chap. 14.]

Limitation.

by said judge, to represent and act for such absent party, who shall
be allowed twelve months to appeal to the goveruour and council from
such judgment.

[Sect. 5.] This act to continue and be in force for the term of ten
years, and no longer. [^Passecl January 5 ; ptiblisJied January 6, 1753.

CHAPTER 14.

AN ACT FOR ALLOWING NECESSARY SUPPLIES TO THE EASTERN
INDIANS, AND FOR REGULATING TRADE WITH THEM, PREVENTING
ABUSES THEREIN, AND FOR THE PREVENTING PERSONS HUNTING
ON THE LAND TO THE EASTWARD OF SACO RIVER, OR TRADING
WITH THEM, OTHER THAN THE TRUCK-MASTERS CHOSEN BY THE
GENERAL COURT.

Preamble.
174243, chap. 2.

Supplies to be
sent to the east-
ern Indians.

The governor
and council to
direct upon
emergency in
the recess of
the court.

Truck-masters
to be appointed
by the court.

By the governor
and council, in
case.

To give security.

Not to trade on
their own ac-
count.

All other per-
sons forbidden
to trade with
them.

Whereas the Indians in the eastern parts of this province, have
many years since recognized their subjection and obedience to the
crown of Great Britain, and have this year renewed the same, and have
their depend[e][a]nce on this government for supplies of cloathing, pro-
visions, and other necessaries ; to the intent therefore that they may be
furnished with the same at such easy rates as may engage them to a
firm adherence to his majesty's interest, —

Be it enacted by the Lieutenant-Governour, Council and House of
Iiepresent[_atQves,

[Sect. 1.] That provisions, cloathing and other suitable supplies
for a trade with the Indians, be procured with the several sums that
have been, now are, or shall hereafter be granted for that purpose by
the general court, and applied, from time to time, for 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 commander-in-chief for
the' time being, by and with the advice of the council, on any emergency
in the recess of this court ; provided such instructions and directions be
consistent with such instructions as are or may be given by the general
court ; and all supplies of cloathing, provisions and other necessaries
shall be lodged at such places in the eastern parts of this province, and
elsewhere, as the general court have or hereafter may order.

And be 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 truck-
masters for the managera[en]t of the trade with the Indians ; and to be
paid for his service such sura or sums as this court shall judge reasona-
ble for his allowance in said capacity ; and in case of the death or re-
moval of any one or more of said truck-masters by mismanagem[en]t in
said trust, during the recess of the court, another shall be put in his
room by the commander-in-chief, with the advice of the council ; which
truck-masters shall be under oath, and give sufficient security to the
province treasurer for the faithful discharge of their office, and shall ob-
serve the instructions which, from time to time, shall be given them, and
shall not trade for themselves, only in the capacity of a truck-master,
with the Indians, or any other person or persons ; neither may any
officer or soldier, residing at or within any of the truck-houses, or any
other persons in the pay of this governm[en]t, either on account of
themselves, or any other person or persons, presume to trade with the
Indians, on board any ship or vessel or transport, in those parts, for any
of the aforementioned goods ; nor shall it be lawful for any other per-

[2d Sess.] Province Laws. — 1752-53. G43

son or persons to sell, truck, barter or exchange with any Indian or
Indians, any strong beer, cyder, wine, rum, brandy, or any other strong
liquor, cloathing, or any other thing whatsoever the Indians may want,
on penalty of forty shillings, or six months' imprisonm[en]t for each
and every offence above mentioned.

And be it further enacted,

[Sect. 3.] That the said truck-masters shall sell the goods to the Rules for
Indians at the prizes set in the invoices sent them from time to time b}' truck^mle?'^
the commissary, which shall be the same which he gave for the goods
in the town of Boston, without any advance tliereon ; and shall allow
the Indians, for their furrs and other peltry, as the market shall be at
Boston, according to their several qualities, by the latest advices that
they shall receive from the said officer, who shall send the prices to the
several truck-masters at least twice in a year ; viz^'^., every spring and
fall ; and the truck-masters ma}^ supply the Indians with rum in moder-
ate quantities, as the}' shall, in prudence, judge convenient and neces-
sary.

[Sect. 4.] And in case any of the truck-masters shall presume to sell Penalty for not
any goods at higher rates than they are set at b}' the governm[€'?j]t, or ° ^^^"^'^s t em.
shall charge to the governm[e?i]t more for any furrs or otlier goods
than they allowed the Indians therefor, such truck-masters, being con-
victed thereof, shall forfeit and pay the sum of one hundred pounds, and
shall thenceforth be altogether disabled to hold or exercise any office
within thisgovernm[e?t]t ; and the more effectually' to prevent or detect
any such pernicious practices, each and every truck-master, when and
so often as he shall settle and adjust his account with the said officer
appointed by this court for supplying the Indians, shall make oath be-
fore the said officer, who is hereby authorized and appointed to admin-
ister the same, in manner following ; viz'^'^, —

You, A. B., do swear that the goods committed to you for the supply of Truck-masters
the Indians, have been sold at no higher rates than they were set at by the count orToath.
government, and that you have charged for the furrs and goods you have
made returns of, no more than you have paid the Indians for. So help you
God.

And for the better discovery of such ill-disposed persons, who,
th.Yo[^ugh^ greediness of filthy lucre, and regardless of the publick good,
shall privately sell or deliver any sort of strong drink to any Indian or
Indians, of which it is dithcult to obtain positive evidence, other than
the accusation of such Indian or Indians, —

Be it further enacted,

[Sect. 5.] That the accusation and affirmation of any Indian or Manner of
Indians, the accuser and accused being brought face to face at the time stiwig^irinkTcf
of trial, shall be accounted and held to be a legal conviction of the per- J'^*^ Indians by

,„., ,,. T,..°. ^ the Indians'

sons accused of giving, sellmg, or delivermg wnie, rum or any other accusation.
strong drink or liquors to such Indian or Indians, unless the persons
accused shall acquit himself, upon oath, which the court, in all such
cases, are hereby impow[e]red to administer in the form following;
vizi^'^, —

You, A. B., do swear that neither yourself, [»]or any other by your order, Persons may
general or particular assent, privity, knowledge or allowance, directly or in- p^^^I^ by oath,
directly, did give, sell or deliver any wine, cyder, rum or other strong liquors
or drink, by what name or names soever called or known, unto the Indian
by whom and whereof you are now accused. So help you God.

And he it further enacted,

[Sect. 6.] That upon the complaint or information of an}' other per- Manner of pro.
son for the breach of this law, there being such circumstances as render ^^^<^'"s ^ case

Province Laws. — 1752-53.

[Chap. 15.]

of other person's
complaiut.

Proceeding in
case of com.
plaint made to a
justice of the
peace.

Penalty for false
eweariug.

Hunting in the
eastern parts
prohibited
under penalty.

Continuance of
this act.

it highly probable, in the judgment of the justice before whom the trial
is, that the person complained of is guilt}- of the breach of the said act ;
then, and in every such case, unless the defendant shall acquit himself
upon oath, as aforesaid, to be administred to him by the justice before
whom the trial shall be, the same shall be accounted a legal conviction
of the defendant's giving, selling, or delivering of wine or other strong
liquors, of which he or they shall be accused, and he or they shall pay
and suffer the penalty already by this act provided ; but in case the de-
fendant shall acquit liimself upon oath, to be administred to him as
aforesaid, that then he shall recover against the complainant double his
cost occasioned by such prosecution.

Ayid be it further enacted,

[Sect. 7.] That upon the accusation of an Indian, or complaint of
any other person, to any of his mai[es]ty's justices of the peace within
this province, against any person for selling, giving or delivering any
wine, rum or other strong liquors, to any Indian, contrary to the true
intent and meaning of this act, the justice may tender to the person
accused or complained of, the afores[ai]d oath, unless- there be such
other circumstances concurring as render it highly probable, in the
opinion of the justice, that the person accused is guilty, which, if he re-
fuses to take, he shall bind him in a bond of recognizance, not exceed-
ing one hundred pounds, with sureties, to answer the same at the court
of general sessions of the peace next to be held in the county where the
offence is committed ; but if the person accused shall acquit himself
upon oath, as afores[ai]d, the justice shall dismiss the person, and
allow him double his cost, ag[ain]st the complainant, occasioned by
such prosecution.

And be it further enacted,

[Sect. 8.] That if any person or persons shall hereafter be convicted
of false swearing in any case in this act mentioned, he or they shall be
liable to the same pains and penalties as is already by law provided
ag[am]st wilful perjuiy.

And be it further enacted,

[Sect. 9.] That whoever shall hunt after or take any bever or other
furrs, on land lying to the northw[ar]d of any English settlem[en]ts,
and eastw[ar]d of Saco Truck-house, and be thereof convicted before
a justice of the peace, shall forfeit and pay the sum of forty shillings,
to be disposed of, one half to the informer, the other half to be paid to
the truckmaster-gencral for 'the relief of the widows and children of
such of the tribes of Indians as have usually traded at the truck-houses,
as this court shall order and direct.

[Sect. 10.] This act to continue and be in force for three years
from the publication thereof, and no longer. [Passed January 5 ;
published January 6, 1753.

CHAPTER 15.

AN ACT IN ADDITION TO AN ACT PASS'D THE THIRTEENTH YEAR OF
HIS PRESENT MAJESTY'S REIGN, [E][/]NTIT[U]LED "AN ACT FURTHER
TO EXEMPT PERSONS COMMONLY CALLED A[N}NABAPTISTS WITHIN
THIS PROVINCE FROM BEING TAXED FOR AND TOWARDS THE SUP-
PORT OF MINISTERS."

1740-41, chap. 6. Whereas, notwithstanding tiae provision already made by an act
made and pass'd in the thirteenth year of his present majesty's reign,
intit[u]led, "An Act further to exempt persons commonly called

[2d Sess.] Peovixce Laws.— 1752-53. Q4:5

A[n]nabaptists within this province from being taxed for and towards
the support of ministers," in order to ascertain and make known what
persons are of that perswasion which denominates them A[n]nabap-
tists, and who shall enjoy the privile[c?]ges, and be esteemed as inti-
t[u]led to the exemption from taxes, &e^^^., in said act mentioned,
many doubts have already arisen thereon, and, in man}' cases, the said
exemption has been extended to man}' persons to whom the same was
never designed to extend ; for preventing whereof for the future, and
in order to ascertain more effectually what persons shall be esteemed
and accounted as A[n]nabaptists, and to whom the said exemption[.5]
shall be hereafter extended, —

Be it enacted by the Lieictenant-Governoui', Council and Hoxise of
Heprese nt[^ati^vfs,

[Sect. 1.] That no person for the future shall be so esteemed to be Rule for de-
an A[n]nabaptist as to have his pol[e][?J or pol[e][Z]s and estate person" Aiuibap.
exempted from paying a proportionable part of the taxes that shall be of uie'iaw/'^"'**
raised in the town or place where he or they l)elong, but such whose
names shall be contained in the lists taken by the assessors, as in said
act provided, or such as shall produce a certificate, under the hands of
the minister and of two principal members of such church, setting forth
that they conscienciously believe such person or persons to be of their
perswasion, and that he or they usually and frequentl}' attend the pub-
lick worship in such church on Lord's days.

And be it further enacted,

TSect. 2.1 That no minister, nor the members of any Afnlnabap- Ruioforcie-
list church as aforesaid, shall be esteemed qualified to give such certifi- Anabaptist
cate as aforesaid other than such as shall have obtained from three '"""^'ere.
other churches commonly called Annabaptists, in this or the neighbour-
ing provinces, a certificate from each respectivel}', that the}' esteem such
church to be one of their denomination, and that they conscien-
[t][c]iously believe them to be Annabaptists ; the several certificates
afores[at]d to be lodged with the town clerk, where the Annabaptist,
desiring such exemption, dwells, some time betwixt the raising or grant-
ing of the tax and the assessment of the same on the inhabitants.

[Sect. 3.] This act to continue and be in force for five years from Limitation.
the publication thereof, and no longer. [Passed! January 5 ; published
January 6, 1753.

CHAPTEE 16.

AN ACT TO PREVENT THE BREAKING OR DAMNIFYING OF LAMPS SET
UP IN OR NEAR STREETS, FOR ENLIGHTNING THE SAME.

Whereas the enlight[e]ning streets by lamps set up in or near the Preamble,
same, is not only ornamental, but very advantag[i][e]ous to those that
pass and repass in and thro' the same in the night-time on their lawful
business, —

Be it enacted by the Lieutenant- G over nour^ Council and House of Rep-
resent\ati'\ves,

[Sect. 1 .] That if any person or persons shall wilfully break, re- Damnifying and
move or damnify any lamp or lamps set up or placed in or near any lifmpf seVup^jn
street for enlightning the same; or shall, between tfie s[i][e]tting of sUGj^ts.&c.,
the sun and the rising thereof, extinguish the light of any such lamp, P""" ' ' ^ •
or be aiding and assisting therein, and be thereof convict, by the con-
fession of the party or parties, or the oath of one or more credible
witness before two justices of the peace, quorum mms, who are

64:6

Province Laws.— 1752-53. [Chap. 17.]

Penalty for the
first offence;—

for the second
offence : —

ill case of
negroes, In-
dians, or mulat-
toes.

Application of
fines.

Proviso.

Limitation.

hereb}'' impowered to hear and determine the same, he or they so of-
fending, shall, for every such offence, pay a fine not exceeding five
pounds, at the discretion of the court or justices before whom the con-
viction shall be, and costs of prosecution ; and if any person or per-
sons so convicted shall afterwards presume so to break, remove or
damnify' any such lamp or lamps, or extinguish the light thereof, and
be thereof convicted as aforesaid, he or they so offending, shall, for
ever}' such offence, pay a fine not exceeding ten pounds, at the discre-
tion of the justices or court before whom the conviction shall be, and
costs of prosecution ; and where any such offender shall not pa}' the
fine within six hours after sentence given therefor, the offender shall
be punished for such offence by being imprisoned not exceeding six
months : and in case the person committing the offence afores[ai]d be
a negro, Indian or molatto servant, such scrv[an]t, instead of his being
imprisoned, may, upon the first conviction, be jDublickly whipped, not
exceeding ten stripes, and upon a [2d] [^secondj or any after convic-
tion, not exceeding twenty stripes.

[Sect. 2.] And all such fines shall be applied in this manner;
namely, out of the same the owner or owners of such lamp or lamps
shall be paid the damages he or they have sustained by their lamps be-
ing so broken, removed or damnified ; and the residue shall be to him
or them that shall inform of any breach of this act, and prosecute the
same to effect.

Provided cdways, —

[Sect. 3.] That the owners of any lamps placed or set up as
aforesaid, may at any time take down or remove the same, or extin-
guish the light thereof, anything in this act notwithstanding.

[Sect. 4.] This act to continue and be in force five j-ears from the
publication thereof, and no longer. \_Passed January 5 ; published
January 6, 1753.

CHAPTEK 17.

AN ACT FOR REVIVING AND CONTINUING OF SUNDRY LAWS THAT ARE
EXPIRED OR NEAR EXPIRING.

Expired acts
revived.

Taxing of un.
improved lands.
1745-46, chap. 9.

Nosset meadow.
1746-47, chap. 27.

Barnstable
meadow.
1746-47, chap. 28.

"Wild fowl.
1747-48, chap. 3.

Damage by fire,
1748-49, chap. 14,

Biddcford
meadows.
1748-49, chap. 18.

Whereas the several acts hereinafter mentioned, which are now ex-
pired, have been found useful and beneficial ; namel}', an act made in
the nineteenth year of his present majest^-'s reign, intitled " An Act to
subject the unimprov[e]'d lands within this province to be sold for pay-
ment of taxes, assessed on them by order of the great and general
court, and votes and agreements of the proprietors thereof," and two
other acts made in the twentieth year of said reign, one intitled " An
Act to prevent damage licing done unto Nosset Meadow b}' cattle and
horse-kind feeding on the beach adjoining thereto," the other intitled
" An Act to prevent Iho destruction of the meadow called Sandy-Neck
Meadow in Barnstable, and for the better preservation of the harbour
there " ; and one other act made in the twent3'-first j'ear of the said
reign, intitled " An Act to prevent the destruction of wild fowl " ; and
two other acts njade in the twenty-second year of said reign, one an
act intitled " An Act to prevent damage by fire in the towns of Boston
and Charlestown," the other intitled " An Act to prevent damage being
done on the beach in Biddeford and meadows adjoining to said beach,
commonly known by the name of Winter-Harbour Beach " ; and one
other act, made in the twenty-third year of the aforesaid reign, intitled

[2d Sess.] Province Laws. — 1752-53. 647

" An Act for the punishing such offenders as shall be anyways con- Menacing
cerned in contriving, writing or sending any incendiary or menacing i'^'^'^'^-
letters in order to extort sums of money or other things of value from ^''*9-^<'» chap. t.
any of his majesty's good subjects," —

Be it therefore enacted by the Lieuttnant-Governour, Council and
House of Bepres[^entati']ves,

[Sect. 1.] That the said recited acts and all and every article, ah revived,
clause, matter and thing therein respectively contained, be and they
hereby are revived, and shall be in force from the publication of this
act until the twentj'-fifth day of March, which will be in the year of
our Lord one thousand seven hundred and sixt3'-one, and from thence
to the end of the then next session of the gen[e?'a]l court.

And whereas the several acts hereafter mentioned, which are near Acts near expir-
expiring, have also been found useful and beneficial ; namely, three *°^ continued.
acts made in the nineteenth * j'ear of his present majesty's reign, one Fences, &c.
intitled " An Act in further addition to an act for regulating of fences, i74o-4i,chap.i9.
^Q[a]»> . another intitled "An Act in addition to the several laws of this Poor persons,
province relating to the supporting of poor and indigent persons " ; the 17^1^3' chl^' 22*
other intitled " An Act to prevent firing the woods " ; and two other
acts made in the twentj'-third year of the said reign, the one intitled
"An Act to prevent the unnecessary destruction of alewives in the d'ddl^b^''*
town of Middleborough," the other intitled "An Act to prevent any 1749-50, chap.^12.
persons obstructing the fish in their passing up into Monatiquot River ^^^ in Mona.
within the town of Braintre[y][e]." 1749%, chap. 13.

Be it therefore farther enacted,

[Sect. 2.] That the said last-recited acts, and all and everj' matter ah continued,
and thing therein respectively contained, shall be and hereby are con-
tinued from the time limit [i]ed for their expiration unto the twenty-
fifth of March afores[ai]d, and from thence to the end of the next
session of the general court, and no longer. \^Passed January 5 ; pub-
lished January 6, 1753.

CHAPTEK 18.

AN ACT FOR FURTHER PREVENTING ALL RIOTOUS, TUMULTUOUS AND
DISORDERLY ASSEMBLIES OR COMPANIES OF PERSONS, AND FOR
PREVENTING BONFIRES IN ANY OF THE STREETS OR LANES WITHIN
ANY OF THE TOWNS OF THIS PROVINCE.

Whereas many and great disorders have of late yeai's been commit- Preamble,
ted b}' tumultuous companies of men, children and negroes, carr3-ing
about with them pageants and other shews through the streets and
lanes of the town of Boston, and other towns within this province,
abusing and insulting the inhabitants, and demanding and exacting
money by menaces and abusive language ; and besides the horrid pro-
faneness, impiety and other gross immoralities usually found in such
companies, a person has lately been killed when orderl}^ walking in the
streets of the town of Boston, by one or more belonging to such
tumultuous company ; and the aforesaid practices have been found by
experience to encourage and cultivate a mobbish temper and spirit in
mau}^ of the inhabitants, and an opposition to all government and
order, —

* These acts were only revived and continued by 1745-46, chap. 17; but they were
passed as in the margin.

648

Province Laws.— 1752-53. [Chap. 18.]

PerBons dis-
guised to go
about witli
pageants and
armed witli any
weapons, exact-
ing money,
&c.,—

to be punished
by fine or im-
prisonment.

Negroes, &c.,
may be pun-
ished by whip,
ping.

Persons carry,
ing pageants,
&c., in the
niglit, though
unarmed, to
be punished.

Bonfires in
streets or lanes
forbidden.

Penalty.

Masters and
parents liable
for their ser-
vants and chil.
dren.

Limitation.

Be it therefore enacted hy the Lieutenant- Governour, Council and
House of Representatives,

[Sect. 1.] That if any persons, being more than three in number,
and being arm'd all or any of them with sticks, clubs or any kind of
weapons, or disguised with vizards, so called, or painted or disco[u]l-
our[e]d faces, or being in any other manner disguis[e]'d, shall assemble
together, having any kind of imagery or pageantry with them, as a pub-
lick shew, in any of the streets or lanes of the town of Boston or any
other town within this province, or if any person or persons being of
■ or belonging to any company having any iraageiy or pageantry for a
publick shew, shall, by menaces or otherwise, exact, require, demand or
ask any money or other thing of value from any of the inhabitants or
other persons, in the streets, lanes or houses of any town within this
province, every person being of or assembled with such company, shall
for each offence forfeit and pay the sum of forty shillings, or suffer im-
prisonm[ew]t not exceeding one mouth ; or if the offender shall be a
negro servant, in lieu of the imprisonm[ew]t, he may be whip['t][ped]
not exceeding ten stripes, at the discretion of the justice before whom
the trial shall be.

And he it further enacted,

[Sect. 2.J That if any persons to the number of three or more,
between sun-setting and sun-rising, being assembled together in any of
the streets or lanes of anj' town within this province, shall have any
kind of imagery or pageantry for a publick shew, altho none of the com-
pany so assembled shall be arm'd or disguis[e]'d, or exact, demand or
ask any money or thing of value, every person being of such company
shall forfeit and pay the sum of forty shillings, or suffer imprisonment
not exceeding one month, or if the offender shall be a negro servant,
in lieu of the imprisonment he may be whip'[t][d] not exceeding ten
stripes, at the discretion of the justice before whom the trial shall be.

And whereas bonfires have been sometimes kindled in the streets,
lanes and other parts of several of the towns of this province, to the
endangering of the lives and estates of the inhabitants, —

Be it further enacted,

[Sect. 3.] That if any person or persons shall set fire to any pile,
or any combustible stuff, or be anyways concern[e]'d in causing or
making a bonfire in any street or lane, or aii}^ other part of an}^ town
within this province, such bonfire being within ten rods of any house or
building, ever\^ person so offending shall for each offence forfeit the
sum of forty shillings or suffer imprisonment not exceeding one month,
or if the offender shall be a negro servant, in lieu of the imprisonment,
he may be whip'[t][cZ] not exceeding ten stripes, at the discretion of
the justice before whom the trial shall be : the several fines in this
act to be applied, when recovered, one half to the poor of the town
where the offence shall be committed, and the other half to him or
them that shall inform and sue for the same ; and all masters are hereby
made liable to the payment of the several fines as afores[at]d, for the
offences of their servants, and all parents for the offences of their
children under age, not being servants.

[Sect. 4.] This act to continue and be in force for three years from
the publication thereof, and to the end of the session of this court then
next after, and no longer. \_Passed January 5 ; published January 6,
1753.

[2d Sess.] Pkovince Laws.— 1752-53. 649

CHAPTER 19.

AN ACT FOR CONFIRMING THE PROCEEDINGS OF WILLIAM FOYE,
ESQCO., TREASURER OF THIS PROVINCE, DANIEL RUSSELL, ESQCO.,
COMMISSIONER OF IMPOST, AND JOHN WHEELAVRIGHT, ESQCa, COM-
MISSARY-GENERAL, IN THEIR RESPECTIVE CAPACITIES.

Whereas William Foye, Esq"^'^., having been elected and appointed Preamble,
treasurer of this province, Daniel Russell, Esqi^'l, commissioner of im-
post, and John Wheelwright, Esq"^"^^., commissar3'-general, did, thro
inadvertenc}', enter upon the execution of their respective offices afore-
said, and do and transact sundr}^ things therein before they had taken
all the oaths by law required to be b3' them taken, whereby many in-
convenienc[^■Jes may arise, notwithstanding their having since taken
the oaths, unless the things by them so done and transacted be con-
firmed,—

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

That all things done and transacted by William Fo^'e, Esq"^'^., as Treasurer, com-
treasurer of this province ; Daniel Russell, Esq'^"'^., as commissioner of knpostofficer
impost ; and John Wheelwright, Esq'^'^., as commissary-general, in the ami commis.
execution of their respective offices aforesaid ; and all and every the their fiolngs In
doings and transactions of any person or persons in the name and be- tcf/reUidr
half of the said William Foye, Daniel Russell, and John Wheelwright, taking the oaths,
Esqrs., or either of them, in their respective capacities as afores[at]d, *^°"^'™'^'^-
or by v[i][e]rtue of any power or authority from them, or either of
them, at any time before their, or either of their, taking the oaths by
law required to be, by each of them, respectively taken, which would
have been good and valid had they, before the doing thereof, taken such
oaths, shall be and hereby are confirmed and made valid, their omission
aforesaid notwithstanding. [^Passed January 5 ; published January 6,
1753.

CHAPTER 20.

AN ACT FOR PREVENTING DAMAGE BY HORSES GOING AT LARGE.

Be it enacted by the Lieutenant- Governour, Council find House of Rep-
resentatives^

[Sect. 1.] That all horses and horse-kind, of one year old and up- Horse-kind not
wards, that shall be suffered to go at large, shall be constantly fetter'd, without fetfew.
with a sufficient pair of fetters, from the first day of April to the last
day of November ; and the owner of any such horse or horse-kind that
shall be found going at large on the commons or waj's in any town
within this province, not being sufficiently fetter'd, shall forfeit and paj' Penalty.
the sum of three shillings, to be recovered by action before a justice of
the peace in the same county, and to be applied, one moiety thereof to
the use of the poor of the town where such owner dwells, the other
moiety to him or them that shall sue for the same.

Provided, nevertheless, —

[Sect. 2.] That it shall be in the power of any town, legally as- Proviso,
sembled for that purpose, to give liberty for horses going at large with-
out fetters, within the bounds of such town, or within such part or di-
vision of the town, from the first day of April to the last day of Novem-
ber, as shall be agreed on by the inhabitants at such meeting.
82

650 Peovince Laws.— 1752-53. [Chap. 20.]

And be it further enacted^
h^?sT8^are^obe .l^'^^^'^* ^.O That when the owner of any horse-kind going at large
impounded." ^ Without being fetter'd as by this act is required, is unknown, in such

case the party finding such horse or horse-kind may impound them,

and otherwise proceed with them as the law directs in case of strays.
Limitation. [Sect. 4.] This act to continue and be in force for the space of five

years from the publication thereof, and no longer. [^Passed January

5 ; published January 6, 1753.

[3d Sess.] Province Laws.— 1752-53. 651

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-eighth day of March, A. D.

1753-

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 PL[I][F]MOUTH, BARNSTABLE
AND BRISTOL.

"Whereas the holding of the superiour court of judicature, court of Preamble,
assize and general goal delivery, at Taunton, within and for the county iT42.43,chap.32,
of Bristol, at the time appointed by law, being the second Tuesday in 1746-47, chap. is.
Ma,j yearly, would, as the style of the year is now altered, be, in many i'^*'^ 48, chap, 15.
respects, inconvenient ; and whereas the time for holding the same
cannot be conveniently altered without altering likewise the times for
holding the said court in the counties of PI [i][?/] mouth and Barn-
stable,—

Be it therefore enacted by the Lieutenant-Governour, Council and
House of Repres\entati']ves,

rSECT. l."l That the time for holding the supfenoMlr court of iudi- Time of the

L -J . 1?,. '-rr,-' .,."^-i superior court's

cature, court of assize and general goal delivery, at Taunton, within and sitting in piy-
for the county of Bristol, shall for the future be the second Tuesday of ^awe^'and™"
July yearly ; and that the time for holding the said court at Pl[i][2/]- Bnsto'i counties,
mouth, within and for the county of PI [i][2/] mouth, shall hereafter be *
the third Tuesday of July yearly ; and that the time for holding the
said court at Barnstable, for the counties of Barnstable and Dukes-
count}', shall hereafter be the fourth Tuesday of July yearly.

And he it further enacted,

rSECT. 2.1 That all writrtls and other process already issued, and -^" matters
all appeals, reviews, recognizances and other matters whatsoever taken, said courts,
filed, continued or any ways depending, which were to be heard, tried continued.
or proceeded on in the said court, at the respective towns of Taunton,
for the county of Bristol, PI [i][?/] mouth, for the county of Pl[i][?/]-
mouth, Barnstable, for the counties of Barnstable and Dukes-county,
according to the respective times or days already appointed by law,
shall not fail or be discontinued, but be valid, and stand good to all
intents and purposes in the law, and be heard, tried and determined at
the respective times and days set and appointed by this act ; and all
officers and other persons concerned are required to conform themselves
accordingly. {^Passed April 12 ; published April 14, 1753.

652

Peovixce Laws.— 1752-53. [Chaps. 22, 23.]

CHAPTER 22.

AN ACT IN ADDITION TO THE SEVERAL ACTS OR LAWS FOR THE SUP-
PRESSING OF LOTTilRIES.

Prcamljle.

1719-20, chap. 8.
1732-33, chap. 14,

Penalty for
publishing lot-
tery tickets of
other govprii-
mentB.

Penalty for sel-
ling lottery
tickets.

Penalty for
buying lottery
tickets.

Person inform-
ing, to be freed.

Whereas clivers good and wholesome laws have been made and
pass'd b3' this governm [en] t for suppressing of lotteries, and thereby
preventing a vain and foolish expence, tending to the impoverishment
of unwary people ; which laws are in a great measure rendrcd ineffect-
ual by the lotteries which are frequently set up in the neighbouring
governm[e??]ts, and b^^ the sale of such lottery tickets to the inhabitants
of this province, —

Be it therefore enacted hy the Lieutenant-Governour, Council and
House of Representatives^

[Sect. 1.] That if any person or persons, after the tenth day of
May next, shall, within this province, be aiding or assisting in any lot-
tery, by printing, writing, or any other wa^-s publishing an account of
the sale of such lottery ticket or tickets, such person or persons shall
for such offence forf[ie][ei]t a sum not exceeding twenty pounds, to be
recovered by information, plaint, bill or action at law, in any of his
majesty's courts of record within this province ; the one half thereof to
his majesty, to be applied towards the support of this governm[ew]t,
and the other half to him or them that shall inform and sue for the
same.

And he it further enacted,

[Sect. 2.] That if any person or persons shall within this province
give, sell, or otherwise dispose of, or shall therein offer or expose to
sale any ticket or tickets in any lottery, excepting such as shall be
established by act of parliament, or by act of this governm[e?i]t, such
person or persons so offending, shall forfeit a sum not exceeding forty
pounds for each ticket so given, sold or disposed of, or so exposed to
sale, to be recovered in manner and for the use aforesaid.

And he it further enacted,

[Sect. 3.] That if any person or persons within this province, shall
receive or purchase any such lottery ticket or tickets, such person or
persons shall likewise forfeit a sum not exceeding forty pounds for each
ticket so received, or purchased by him or them, to be likewise recovered
and applied as in manner aforesaid.

Provided, nevertheless, —

[Sect. 4.] That if such receiver or publisher shall inform against or
prosecute the person or persons who gave, sold or disposed of the same,
so as that he or they shall be convicted of said offence, such receiver or
purchaser shall not in that case be liable to the penalty aforesaid, but
shall be wholly freed and exempted therefrom. \_Passed April 12 ;
published April 14, 1753.

CHAPTER 23.

AN ACT FOR ERECTING THE SECOND PRECINCT IN THE TOWN OF
GROTON INTO A SEPERATE DISTRICT.

Be it enacted hy the Lieutenant-Governour, Council and House of Rep-
resentlati^ves.
Second precinct [Sect. 1.] That the Sccond Precinct in Groton, bounding southerly
in Groton made ^^ ^^^ ^^^ couulry road leading to Townsheud, west[er][i(;c<;rd]ly on

[3d Ses^.] Peoyince Laws.— 1752-53. (353

Townshend line, northerly on the line last run by the governm[en]t of a district by the
New Hampshire, as the boundar}' betwixt that province and this, east- pe^ii.° '^^"
erly to the middle of the river called Lancaster River, from where the
s[ai]d boundary line crosses said river, so up the middle of the said Bounds thereof.
river to where the bridge did stand, called Kemp's Bridge, to the road
first mentioned, be and hereby is erected into a seperate district by the
name of Pepperrell ; and that the said district be and hereby is invested
with all the privileges, powers and immunities that towns in this prov-
ince by law do or may enjoy, that of sending a representative to the
gen[erajl assembly only excepted; and that the inhabitants of said Privileges re-
district shall have full power and right, from time to time, to jo[y][j]n rMentaUver^'
with the said town of Groton in the choice of a representative or rep-
resentatives, in which choice they shall enjoy all the privileges w[/rijch
by law they would have been [e][i]ntitled to if this act had not been
made ; and that the said district shall, from time to time, pay their
proportionable part of the expcnce of such representative or represent-
atives, according to thejr respective proportions of the province tax ;
and that the said town of Groton, as often as they shall call a meeting
for the choice of a representative, shall give seasonable notice to the
clerk of said district, for the time being, of the time and place of hold-
ing such meeting, to the end that said district may jo[y][t]n them
therein ; and the clerk of said district shall set up in some publick
place in s[ai]d district a notification thereof accordingly, or otherwise
give seasonable notice, as the district shall determine.

Provided^ nevertheless, and he it further enacted,

[Sect. 2.] That the s[ca']d district shall pay their proportion of all The inhabitants
town, count}' and province taxes, alread}' set on or granted to bo raised plJ'portion'of
by said town, as if this act had not been made ; and also be at one ^'^r'.mMMn"^^
half the charge in building and repairing the two bridges on Lancaster Groton.
River aforesaid in said district.

Provided also, and be it further enacted,

[Sect. 3.] . That no poor person residing in said district, and who Proviso about
have been warned by the selectmen of said Groton to depart said town, *'^®p°°''-
shall be understood as hereby exempted from any process the}- would
have been exposed to if this act had not been made.

And be it further enacted,

[Sect. 4.] That William Lawrence, Esq'^''^, be and hereby is impow- Meeting to be
ered to issue his warrant, directed to some principal inhabitant in s[ai]d
district, requiring him to notify the inhabitants of said district to meet
at such time and place as he shall appoint, to chuse all such officers as
by law they are impowered to chuse for conducting the affairs of said
district. [^Passed April 12 ; xmUished April 14, 1753.

called.

CHAPTEE 24.

AN ACT FOR ERECTIN(? THE SECOND PRECINCT IN THE TOWN OF
LEICESTER INTO A SEPERATE DISTRICT.

Be it enacted by the Lieutenant-Governonr, Council and House of Rep-
resentatives,

[Sect. 1.] That the said Second Precinct in Leicester, bounding a new district
north on the town of Rutland, easterly on the First Parish in Leicester, [^^'le in Leices.
southerly on land called the Country Gore, westerly on the town of
Brookfield, be and hereby is erected into a seperate and distinct district Bounds thereof.
by the name of Spencer ; and that the said district be invested with all

654

Peovince Laws. — 1752-53. [Citap. 25.]

Privileges.

Taxes already
made in Leices.
ter to be good.

Meeting to be
called.

the powers, privileges and immunities tliat towns in this province by
law do or may enjoy, that of sending a [a] representative to the general
assembly only excepted ; and that the said district shall have full liberty
and right, from time to time, to join with the town of Leicester in
choosing a representative to represent them at the general assembly ;
and that the district shall, from time to time, be at their proportionable
part of the expence of such representative ; and that the town of
Leicester, as often as they shall call a meeting for the choice of repre-
sentatives, shall, from time to time, give seasonable notice to the clerk
of said district for the time being, of the time and place of holding
of said meeting, to the end that said district may join therein ; and the
clerk of said district shall set up in some publick place in said district
a notification thereof accordingly.

Provided^ nevertheless^ —

And he it further enacted^

[Sect. 2.] That the said district shall pay their proportion of all
town, county and province taxes already set on or granted to be raised
by said town, as if this act had not been made.

And he it further enacted^

[Sect. 3,] That Thomas Steel [e], Esq^,, be and hereby is impow-
ered to issue his warrant, directed to some principal inhabitant in said
district, requiring him to notify and warn the inhabitants of said dis-
trict, qualified by law to vote in town affairs, to meet at such time and
place as shall be therein set forth, to choose all such officers as shall be
necessary to manage the affairs of said district. \_Passed April 12 ;
puhlished April 14, 1753.

CHAPTER 25

A new district
made in Rut-
land.

AN ACT FOR ERECTING THE NORTHWESTERLY PART OF THE TOWN OF
RUTLAND INTO A SEP[A][£]RATE DISTRICT.

Be it enacted hy His Honour the Lieut[_enan~\t-Governour, Council and
House of Representlati^ves^

[Sect. 1.] That the northwesterly part of the township of Rutland,
as delineated and described in a plan presented to the gen [era] 1 assem-
bly in April [1749] \^one thousand seven hundred and forty-nine'], on file
in the secretary's office, be and hereby is erected into a seperate dis-
trict by the name of Rutland District; and that the s[at]d district be
and hereby is invested with all the powers and privile[d]ges that towns
in this province by law do or may enjo3', that of sending a representa-
tive to the gen [era] 1 assembly only excepted ; and that the inhabitants
of said district shall have full power, from time to time, to join with the
said town of Rutland in the choice of a representative, or of being
chosen, in which choice they shall enjoy all the privileges w[/ii]ch by
law they would have been entitled to if this act had not been made,
and shall pay their proportionable share or part of the expence of such
representative ; and that the said town of Rutland, as often as they calla
meeting of such town for the choice of a representative, shall give season-
able notice to the clerk of said district, for the time i)eing, of the time
and place of holding such meeting, to the end that said district may
join with them therein ; and the clerk of s[a«]d district shall forthwith
give direction to the constable or constables of said district, to notify
as usual in other town meetings ; and that such meeting [s], from time

[3d Sess.] Province Laws.— 1752-53. 655

to time, shall be regulated by the selectmen of said town and district
j*^[y][*]'^*b% or such of them as shall be present and take upon them
the s[ai]d trust.

And be it farther enacted,

[Sect. 2.] That all the acts done by the inhab[tYa%]ts of said dis- Acts of the
trict, as such, and by virtue of an order of the general assembly pass'd the'said Strict
the fourteenth day of April, [1749] [one thousand seven hundred and f^^^f^^^
forty-nine'], which were otherwise according to law, shall be held good
and valid to all intents and purposes ; and all officers then chosen, and
now in office, shall be esteemed proper officers, and invested with the
same power and authority as if the said inhabitants had been erected
into a seperate district by a law of this province, instead of said order.
[^Passed April 12 ; published April 14, 1753.

CHAPTER 26.

AN ACT FOR ERECTING THE SECOND PRECINCT IN THE TOWN OF
HADLEY, INTO A SEPERATE DISTRICT.

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

[Sect. 1.] That the said second precinct in Hadl[e]y, bounding Second precinct
westerly on Connecticut River, southerly on the north line of the town L"digtricTby^the
of Springfield, and easterly on the westerly line of the precinct or plan- ^^ °f ^o*^***
tation called Cold Spring, and northerly on the highest part of the
mountain called Mount Holyoke, so far as that extends, and from the Bounds thereof.
Mountain Gate at the west end of said mountain, by the meadow fence,
to Connecticut River, and from the east end of said mountain on an east
line ; from thence to Cold-Spring west line aforesaid, — be and hereby is
erected into a seperate district by the name of South Hadley ; and that
the said district be and hereby is invested with all the privileges, pow- Privileges
ers and immunities that towns in this province, by law, do or may en- representative.
joy, that of sending a representative to the general assembly onlj^
excepted ; and that the inhabitants of said district shall have full power
and right, from time to time, to join with the said town of Hadl[e]y in
the choice of a representative, in which choice they shall enjoy all the
privileges which by law they would have been entitled to if this act had
not been made ; and that the said district shall, from time to time, pay
their proportionable part of the expence of such representative, accord-
ing to their respective proportions of the province tax ; and that the
said town of Hadl[e]3', as often as they shall call a meeting for the
choice of a representative, shall give seasonable notice to the clerk of
said district, for the time being, of the time and place of holding such
meeting, to the end that said district may join them therein ; ^nd the
clerk of said district shall set up, in some publick place in said district,
a notification thereof accordingly.

Provided, nevertheless, —

And be it further enacted,

[Sect. 2.] That the said district shall pay their proportion of all ^^"^'"^^^1*^°**
town, county and province taxes already set on or granted to be raised pro^pTrtion of
by said- town, as if this act had not been made. Snted?a''*^^

Provided, also, Hadley,

[Sect. 3.] That the inhabitants of said district shall retain and en- ;^eir^ ^^Jf ^jj^
joy the same right and share in all common and undivided land, and in land; '^^

656

Peovince Laws.— 1752-53. [Chaps. 27, 28.]

—as also of
moneys, &c.

Proviso about
the poor.

Meeting to be
called.

all school lands in said township of Hadl[e]y, if any such there be, as
they would have had if this act had not been made.

Provided, also, —

And be it further enacted,

[Sect. 4.] That of all monies or other personal estate, belonging to
said town, if any such they have, the inhabitants of the said district
shall have and enjoy' a proportion thereof, equal to the proportion they
paid of the charges of said town, according to their last town tax.

Provided, also, —

And he it further enacted,

[Sect. 5.] That no poor persons residing in s[ar]d district, and who
have been warned by the selectmen of said Hadl[e]3^ to depart said
town, shall be understood as hereby exempted from any process they
would have been exposed to if this act had not been made.

And he it further enacted,

[Sect, 6.] That Eleazer Porter, Esq^., be and hereby is impowered
to issue his warrant, directed to some principal inhabitant in s[ai]d
district, requiring him to notify the inhab[i7aw]ts of s[a?']d district to
meet at such time and place as he shall appoint, to chuse all such offi-
cers as b}^ law they are impow[c]red to chuse for conducting the affairs
of said district. \_Passed April 12 ; published April 14, 1753.

CHAPTER 27.

Province lands
to be annexed
to the county of
Hampshire.

To the county
of Worcester.

1730-31, chap. 8.

To the county
of York.

AN ACT FOR ANNEXING CERTAIN LANDS WITHIN THIS PROVINCE, TO
THE COUNTIES OF HAMPSHIRE, WORCESTER AND YORK,

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

[Sect. 1.] That all the lands within this province not belonging to
any particular count}^, and lying westward of Connecticut River, and
from said river to the utmost western bounds of the province, be and
hereby are annexed to the county of Hampshire.

And be it further enacted,

[Sect. 2.] That all the lands within this province adjo[y][t]ning
to the county of Worcester, and not laid to any other county, be and
hereby are annexed to the county of Worcester.

And be it further enacted,

[Sect. 3.] That all the lands within this province lying eastward of
the province of New Hampshire, be and hereby are annexed to the
county of York. \_Passed' April 12 ; published April 14, 1753.

Fees estab-
lished.

1750-51, chap. 8.

CHAPTER 28.

AN ACT FOR ESTABLISHING AND REGULATING FEES OF THE SEVERAL
OFFICERS, WITHIN THIS PROVINCE, HEREAFTER MENTIONED.

Be it enacted by the Lieutenant- Governour, Council and House of
Representatives, in General Court assembled,

[Sect. 1.] That from and after the publication of this act, the es-
tablishment of the fees belonging to the several officers hereafter men-
tioned, in this province, be as foUoweth ; viz^'^, —

[3d Sess.] Peovince Laws.— 1752-53. 657

JUSTICE'S FEES.

For granting a writ[t] and summons, or original summons, one shilling. Justice's fees.

Subpoena, for each witness, one penny halfpenny.

Entring an action or complaint, two shillings.

Writ[t] of execution, sixteen pence.

Filing papers, each, one penny halfpenny.

Taxing a bill of cost, threepence.

Entring up juflgment in civil or criminal cases, ninepence.

Copy of every evidence, original jiapcrs or records, cightpence per page

for each page of twenty-eight lines, eight words in a line : if

less than a page, fourpence.
Each recognizance or bond of appeal, one shilling.
Taking afiidavits out of their own courts in order for the trial of any

cause, one shilling, and eighteen pence for his travel every ten

miles, and so in proportion ; —
in other cases, together with certificate, examining and entring, six-
pence ; —
in perpetuam^ to each justice, one shilling.
Acknowledging an instrum[en]t with one or more seals, provided it be

done at one and the same time, one shilling.
A warrant, one shilling.
For granting a warrant, swearing apprizers relating to strays, and

entring the same, one shilling and sixpence.

CORONER'S FEES.

For serving a writ[t], summons or execution, and travelling fees, the Coroner's fees,
same as by this act is hereafter allowed to sheriffs.

Bail bond, one shilling.

Every trial where the sheriff is concern [e]'d, eightpence.

For travelling and expences for taking an inquisition, each day, fotir
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.

The constable, for his expences, summoning the jury and attendance,
four shillings per diem.

JUDGE OF PROBATE'S AND REGISTER'S FEES.

For granting administration or guardianship, —

to the judge, three shillings.
To the reo-ister, for writing letter and bond of administration or guar- Judge of pro-

Dfttc s snu

dianship, two shillings and sixpence. register's fees.

For granting guardianship of divers[e] minors to the same person and

at the same time : to the judge, for each minor, one shilling and

sixpence ; to the register, for each letter of guardianship and

bond, as before.
Proving a will or codicil[l] ; three shillings and sixpence to the judge,

and two shillings and sixpence to the register.
Eecording a will, letter of administration or guardianship, inventory or

acco[mp][M?i]t, 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,

eightpence.

658 Peovixce Laws.— 1752-53. [Chap. 28.]

For copy of a will and inventor}", for each page, eightpence.

Allowing acco[nip][?<?i]ts, three shillings to the judge.

Decree for setf <] ling of intestate estates : to the judge, three shillings ; —
for examining such acco[mp]['w?iJts, one shilling.

A citation, nincpcnce.

A quietus: to the judge, one shilling, to the register, one shilling.

Warrant or commission for apprizing or dividing estates ; one shilling
and sixpence to the judge ; to the register, one shilling.

Making out commission to receive and examine the claims of creditors
to insolvent estates ; to the judge, one shilling, to the register,
one shilling : for recording, eightpence each page.

Registring the commissioner's report, each page, eightpence.

Making out and entring an order upon the administrators for the dis-
tribution of the estate ; to the judge, one shilling and sixpence,
to the register, one shilling.

For proportioning such estate among the creditors, agi'eable to the
commissioner's return, when the estate exceeds not fifty pounds,
three shillings ; and, above that sum, four shillings.

For recording the same, eightpence per page.

IN THE SUPERIOUR COURT.

justice's fees.
Justices of the Entring an action, six shillings and cightpcnce.

superior court, mi- •ii-i i-n- i-

fees. laking special bad, one shuling and sixpence.

Allowing a writ[t] of error, two shillings.

Allowing a habeas corpus^ sixteen pence.

Taxing a bill of cost, eightpence.

Attorne3''s fee, to be allowed in the bill of cost taxed, where the case is
tried by a jury, twelve shillings; where it is otherw[ays][?'se],
six shillings.

Granting liberty for the sale or partition of real estates, one shilling.

On receiving each petition, one shilling. ,

Allowance to the party for whom costs shall be taxed, and to witness[es]
in civil and criminal canses, one shilling and sixpence per day,
ten miles' travel to be accounted a day ; and the same allowance
to be made to parties, as to witnesses at the inferiour courts,
courts of sessions and before a justice of the peace.

clerk's fees.

Clerk's fees. A writ[t] of review, three shillings.

A writ[t] of scire facias, two shillings.

A writ[t] of execution, one shilling and sixpence.

A writ[t] of facias habere possessionem, two shillings and sixpence.

A writ[t] of habeas corpus, two shillings.

Copies of all records, each page, of twenty-eight lines, eight words in a

line, ninepence ; less than a page, sixpence.
Entring each action for trial, four shillings.
Entring each complaint, two shillings.
Each petition entred and read, one shilling.
Order on each petition granted, one shilling.
Receiving and recording a verdic't, one shilling.
Entring a rule of court, ninepence.
Confessing judgm[en]t or default, one shilling.
Every action withdrawn or nonsuit, one shilling.
Entring an appearance, sixpence.

Acknowledging satisfaction of a judgment, on record, eightpence.
Examining each bill of cost, eightpence.

[3d Sess.] Peovince Laws. — 1752-53. ' ^59

Continuing each cause, and entring the same next term, one shilling.
Filing each paper in each cause, one penn}' halfpenny.
Proving a deed in court, and certifying the same, one shilling.
Entring up judgm[en]t and recording the same at large, two shillings.
For each venire, to be paid out of the eount}^ treasuries, respectively, on

the justice's certificate[s], threepence.
Every writ[t] and seal other than before mentioned, two shill[m]gs.
Every subpoena, one penny halfpenny.
Each recognizance, one shilling.

IN THE INFERIOUR COURT OF COMMON PLEAS.

JUSTICE'S FEES.

Entr[ing][?/] of every action, five shillings and fourpence. Justices of the

Taxing a bill of cost, sixpence. fees.

Taxing a recognizance on appeals, one shilling.

Proving a deed, one shilling.

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

IN THE COURT OF GENERAL SESSIONS OF THE PEACE.

Each daj^'s attendance at the sessions, to be paid out of the fines, two Court of general
shiU [m] gs and eightpence. ^^/ac'e."' ''^ '''* .

Granting every licen[s][c]e to innholders and retailers, one shilling, —
and taking their recognizances, one shilling.

Each recognizance in criminal causes, one shilling.

clerk's fees.

Every action entred, one shilling and fourpence. Clerk's fees.

Every writ[t] and seal, sixpence.

Every appearance, fourpence.

Entring and recording a verdict, eightpence.

Recording a judgm[e?i]t, one shilling.

Copies of all records, each page, of twenty-eight lines, eight words in a

line, eightpence.
Every action withdrawn or nonsuit, eightpence. "

Every execution, one shill[in]g and fourpence.
Confessing judgm[en]t or default, eightpence.
Acknowledging satisfaction of a judgm[e?^]t on record, eightpence.
A writ of habeas corpus, two shillings.

Continuing each cause, and entring at the next term, eightpence.
Each recognizance, one shilling.
Examining each bill of cost, sixpence.
Each venire, to be paid out of the county treasuries, respectively, by

order of court, threepence.
Writ[t] of facias habere possessionem, two shillings.
Filing each paper, one penny.

GOVERNOUR AND SECRETARY'S FEES.

For registers : to the governour, three shillings ; to the secretary'', two Governor and

Shillino-s. secretary's fees.

For certificates under the province seal : to the governour, three shil-

l[m]gs ; to the secretary, two shill[m]gs.
For warrants of apprizements, survey, &c'^''^. : to the govern[oit]r, three

shi]l[m]gs ; to the secretary, three shill[m]gs.

660

Province Laws.— 1752-53. [Chap. 28.]

To the governo[w]r, for a pass to the castle, for each vessel, one shil-
ling : wood-sloops and other coasting vessels, for which passes
have not been usually required, excepted.

For a certificate of naval stores, in the whole, three shillings.

Secretary's
fejes.

Clerk-of-the-
0eeeioa8' fees.

Sheriff's or
constable's
fees.

SECRETARY'S FEES.

For engrossing the acts or laws of the general assembly, six shill[m]gs
each, to be paid out of the publick revenue.

Every commission for the justices of each county, and comm[fss2*o]n of
oyer and terminer, six shillings and eightpence, to be paid out of
the publick revenue.

Special warrant or mittimus by order of the govern[oM]r and council,
each, two shillings and sixpence.

Every commission under the great seal, for places of profit, six shil-
[«i]gs and eightpence, to be paid by the person commissionated.

Every bond, three shillings.

Every order of council to the benefit of particular persons, two shil-
lings.

Every writ[t] for electing of assemblymen, directed to the sheriff or mar-
shal under the province seal, five shilI[/H]gs, to be paid out of
the publick revenue.

For transcribing the acts or laws passed by the gen[e?-a]l assembl}- into
a book, eightpence per page, — each page to contain twenty-eight
lines, eight words in a line, and so proportionably, — to be paid
out of the publick revenue.

Every commission for military officers, to be paid out of the public treas-
ury, tw9 shillings.

CLERK-OF-THE-SESSIONS' FEES.

Entring a complaint or indictm[en]t, one shill[m]g and fourpence.

Discharging a recognizance, eightpence.

Each warrant for criminals, one shilling.

Every summons or subpccna, twopence,

Ever^' recognizance for the peace or good behaviour, one shilling.

For everj' recognizance, one shilling.

Entring up judgm[e7i]t, or entring satisfaction of judgm[en]t, o[r][n]

record, and copying, one shilling.
Warrant for county tax, one shilling.
For minuting the receipt of each petition, and order thereon, and

recording, eightpence per page, as before.
Examining and casting the grand jury's acco[mp][^m]ts, yearly, and

order thereon, to be paid by the county treasurer by order of

the court of sessions, one shill[/)i]g and sixpence.
For copies of all records or original papers, eightpence per page, as

before.
For filing each paper, one penny.
For transmitting to the selectmen of every town in the count}' a list of

the names of the persons in such town licensed the j'ear before,

sixpence, to be paid b}' each person licensed, and no more.

SHERIFF'S OR CONSTABLE'S FEES.

For serving an original summons, one shilling.

Every cap[i][e]as or attachm[en]t in civil, or warrants in criminal,
cases for trial, sixteen pence ; and for travel out, one penny half
penny per mile ; and for the return of the writ[t] (the travel to
be inserted on the back of the writ[t] or orginal summons), one
penny halfpenny per mile.

[3d Sess.] Province Laws.— 1752-53. 661

Levying executions in personal actions, for the first twenty pounds or
under, ninepenee per pound ; above that, not exceeding forty
pounds, fourpence per pound ; above that, not exceeding one
hundred pounds, twopence per pound ; for whatsoever it exceeds
one hundred pounds, one penny per pound.

For travel out, one penny halfpenny per mile, and for the return of the
execution, on6 penn}- halfpenny per mile ; all travel in serving
writ[t]s and executions, to be accounted from the officer's house
who does the service, to the place of service, and from thence to
the court-house or place of trial.

For giving liver}' and seizin of real estates, six shillings, travel as
before : if of different parcels of land, four shillings each.

For serving an execution upon a judgra[e?i]t of court for partition of
real estates, to the sheriff, five shillings per day ; and for travel
and expences, threepence per mile out from the place of his
abode : and to each juror, two shillings per day ; and for travel
and expences, threepence per mile.

Every trial, eightpence.

Every default, fourpence.

A bail bond, eightpence.

For making out every precept for the choice of represent [«ft]ves, send-
ing the same to the several towns, and returning it to the secre-
tary's office, sixteen pence ; to be paid out of the county treasuries,
respectively.

To the officer attending the grand jury, each day, two shillings.

To the officer attending the petit jury, one shillinsr every cause.

For dispersing venires from the clerk of the sup[e'nou]r court, and the
province treasurer's warrants, fourpence each.

For dispersing proclamations, sixpence each,

For the encouragem[e?«]t unto the sheriff to take and use all possible care
and diligence for the safe keeping of the prisoners that shall be
committed to his custod}', he shall have such salary allowed
him for the same as the justices of the court of gen[era]l ses-
sions of the peace within the same county shall think fit and
order ; not exceeding ten pounds per annum for the county of
Suffolk, and not exceeding five pounds per annum ap[ei] [ie]ce
for the countj's of Essex and Middlesex, and not exceeding
three pounds per annum ap[ei][?'e]ce in each of the other coun-
ties within the province : to be paid out of the treasury of such
county.

CBYEB'S FEES.

Calling the jury, fourpence. Crfer's fees.

A default or nonsuit, eightpence.

A judgment affirmed on a complaint, eightpence.

A verdict, eightpence.

TO THE CAPTA12iT OF CASTLE WILLIAM.

For every pass from the govern [oM]r for outward-bound vessels (coast- Captain.of-the.
ers, fishing and wood vessels excepted) , one shilling.

GOALEE'S FEES.

For turning the key on each prisoner committed, three shillings ; viz"^'^., JaUer'sfees.

one shilling and sixpence in, and one shilling and sixpence out.
For dieting each person, for a week, three shill[w]gs.

MESSENGER-OF-THE-ROUSE-OF-REPBESlENTATr^ VES' FEES.

For serving every warrant from the house of repres[ento<i]ves, wh[tc]h Messengcr-of-
they may grant for arresting, imprisoning, or taking into custody repr^sentaifvee'
any person, one shilling and sixpence. fees.

662

Peovince Laws. — 1752-53. [Chap. 28.]

For travel, eacli mile out, twopence per mile.

For keeping and providing food for sucli person, each day, one sliill [wijg

and sixpence.
For his discharge or dismission, one shill[m]g and sixpence.

Grand jurors'
fees.

GRAND JURORS' FEES.

Foreman, per day, two shillings and sixpence.
Each other juror, two shillings.

Petit jurors'
fees.

Fees for mar-
riages.

County regis,
ter's fees.

Penalty for
taking excessive
fees.

Limitation.

PETIT JURORS' FEES.

To the foreman, in every cause at the sup[erio?i.]r court, two shill[m]gs ;
to ever}' other juror, one shill[m]g and sixpence.

To the foreman, in every cause at the inferio[it]r court, or sessions, one
shilling ; to every other juror, tenpence.

Except the county of Suffolk, which is to be regulated by the law relat-
ing to jurors, which pass'd Anno one thousand seven hundred
and forty-nine.

FOR MARRIAGES.

For each marriage, to the minister or justice officiating, four shill[Mi]gs.
For recording it : to the town clerk, to be paid b}' the justice or minister,

fourpence ; and to the clerk of the sessions, to be paid by the

town clerk, twopence.
To the town clerk, for every publishm[en]t of the banus of matrimony,

and entring thereof, one shilling.
Every certificate of such publishm[ew]t, sixpence.
Recording births and deaths, each, twopence.
For a certificate of the birth or death of any person, threepence.

COUNTY REGISTER'S FEES.

For entring or recording or copying any deed, conveyance or mortgage,
for the first page, ninepence ; and eightpence per page for so many
pages more as it shall contain, accounting after the rate of twenty-
eight lines, of eight words in a line, to each page ; and propor-
tionably for so much more as shall be under a page ; and three-
pence for his attestation on the original, of the time, book and
folio where it is recorded : the fees to be paid at the offering the
instrument ; —
and for a discharge of a mort[g]age, eightpence.

And he it further enacted^

[Sect. 2.] That if any person or persons shall demand or take any
greater fee or fees, for any of the services afores[m]d, than is by this law
provided, he or they shall forfeit and pay to the person or persons
injured, the sum of ten pounds for every offence, to be recovered in any
court proper to hear and determine the same.

[Sect. 3.] This act to continue and be in force for the space of three
years fron>the publication thereof, and from thence to the end of the
next session of the gen[e?'a]l court, and no longer. [^Passed April
12 ; published April 14, 1753.

Notes. — There were but tliree sessions of the General Court this year. The first session
was held at Concord, on account of the small-pox which then prevailed in Boston. On the
fifth of June the Assembly was prorogued to September 27th (IGth, Old Style), but was
again prorogued, by proclamation, August '28th, to meet at Harvard College on the twenty-
second of November, following. The second day of this session, at the request of the
House of Representatives, the Lieutenant-Governor ordered an adjournment to the court-
house at Boston, where the remainder of this, and the third, session were held.

The adoption of the Gregorian Calendar took effect this year : the day following the 31st
of December was called Januaiy 1, 1752 ; and eleven days were struck out after the thu'd
day of September, which was reckoned the fourteenth. The act of parliament referred to
in the following order, is reserved for the Appendix : —

[Notes.] Province Laws.— 1752-53. 663

" January 22, 1752. In Council, Ordered that the Act of Parham' pass'd in the twenty
fourth year of his present Majesty's Reign, entitled, An Act for regulating the Conimencem'
of the Year, & for correcting the Calender now in Use, be printed & l)ound up with the
Laws of this Province, for the better Infoi'mation of the Inhaljitants t:hercof, & that it be

recorded in the Secretary's OfiQce in the Book of Laws. In the House of Repres-'^^^ Read

& concur'd.

Consented to by the Lieut' Governor." — Council Records, vol. XIX., p. 424.

No fuj-thcr trace has been found of the proceedings of the Home Government respecting
the acts of the tirst session, than a memorandum, in the minutes of the Lords Commissioners
for Trade and Plantations, that they were received by the Board, February 2, 1753, and were,
by them, sent to Mr. Lamb. The date of the letter of Secretary Willard, transmitting ,

them, is November 30, 1752.

The acts of the second and third sessions were certified for transmission, December 30,
1753, and received by the Privy Council, from Mr. Bollan, the Agent of the Province, May
15, 1754. On the 29th of May they were referred to a committee, who, in turn, referred
them to the Lords of Trade, June 14.

The Board of Trade ordered them to be sent to Mr. Lamb, for his opinion, thereupon, in
point of law, July 23, 1754. The report of Sir Matthew Lanilj — which was, that " upon
perusal and consideration of these Acts I have no objection thereto in point of law." — was
read at the Board, JMarch 24 and 25, 1756, and, on tiie latter day, the draught of a report
was ordered to be prepared, which, having been completed, was signed on the 6th of April.

This report of the Lords of Trade is dated April 13, 1756, and represents that chapters
11, 12, 14, 18, and 28 "were for temporary services and are either expired by their own
Limitation or the purposes for which they wcyc enacted have been completed," and that
chapters 9, 10, 13, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, and 27 "relate to the internal
ceconomy of the Province and appear to have been enacted for its private Convenience, and "
— the report continues — " We see no reason why His Majesty may not be graciously pleased
to confirm them."

An order was, accordingly, passed in the Privy Coitncil, dated July 7, 1756, confinning
chapters 9, 10, 13, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, and 27.

Chap. 2. An engrossed bill, with this same title, was passed to be enacted by both
houses at the April session of 1751-52, but did not receive the Lieutenant-Governor's signa-
ture. It is referred to in the margin of the record thus : " Engross'd Bill ab' Fire Wards
pass'J by both Houses" — Council Records, vol. XIX., p. 445.

Chap. 3. " June 4, 1752. In the House of Representatives Voted that M' Speaker &
M' Allen with such as the Hon''''^ Board shall join, be a Committee to ftxrm out the Excise

for the County of SutFolk In Council Read & Concur'd & Jacob Wendell Esq'' is joined

in the Affiiir Consented to by the Lieutenant Governor."

On the same day the following persons wcyc chosen committees to farm out the excise for
the respective counties hereafter named; viz.,—

Capt. Davis and Mr. Ncwhall on the part of the House, and Benjamin Lynde, Esq., on the
part of the Council, for the county of Essex ; —

Maj. Lawrence and Mr. Trowl^ridge on the part of the House, and Ezekiel Chever, Esq,, on
the part of the Council, for the county of Middlesex ; —

Col. Porter and Maj. Worthington on the part of the House, and Oliver Partridge, Esq.,
on the part of the Council, for tlie county of Hampshire ; —

Capt. Wilder and Mr. Steel on the part of the House, and John Chandler, Esq., on the
part of the Council, for the county of Worcester ; —

Col. Bradford and Mr. Winslow on the part of the House, and John Gushing, Esq., on the
part of the Council, for the county of Plymouth ; —

Col. Otis and Mr. Freeman on the part of the House, and John Otis, Esq., on the part of
the Council, for the county of Barnstable ; —

Col. Leonard and Capt. White on the part of the House, and George Leonard, Esq., on
the part of the Council, for the county of Bristol ; —

Maj. Cutt and Capt. Plaistead on the part of the House, and John Hill, Esq., on the part
of the Council, for the county of York ; —

Col. Mayhew and Capt. Norton on the part of the House, and Payne Mayhew, Esq., on
the part of the Council, for the county of Dukes county ; —

Mr. Folger and Mr. Richard Coffin on the part of the House, and Josiah Coffin, Esq., on
the part of the Coimcil, for the county of Nantucket. — Council Records, vol. XIX. , p. 473.

" November 29* 1752. A Report of the Committee appointed by this Court to Let out to
Farm the Excise on Wine Liquours &c for the County of Worcester, shcwhig that they have
let out the same for one Year to M^ Ezra Taylour of Southborro for the sum of £75. 6. 8.
Lawfull Mony and have taken Bonds and delivered them to the Treasurer ; Their Accompt

of Time and Expence Amounting to £2. 9. 4. In the House of Rcprct^'^s Read & Accepted ;

And the within mentioned Sum is allowed accordingly In Council Read & Concur'd

Consented to by the Lieutenant Govern''

A Report of "the Committee appointed to let out to Farm the Excise upon Wine, Liquours
&c for the County of Middlesex, shewing that they have let out the same for one Year to
M'' John Hunt of Watertown for the sum of £722. "l 3. 4. and have taken Bonds and lodged

them with the Treasurer, their Accompt of Time and Expence, Amount? to £2. 14. 2

In the House of Reprcscnt^''--s Read & Accepted, & Ordered that the within Accompt be
allowed In Coimcil Read & Concur'd Consented to by the Lieutenant Governor

A Report of the Committee appointed to let out to Farm the Excise on Wine Rum &c for
the County of York in the present Year, shewing that they have let out the same to Jeremiah

Moulton jun' of York for £66. 12 & have taken Bond & Lodged it wi;h the Treasurer;

Their Accompt of Time & Expence being £2. 10. 5. In the House of Representatives, Read
& Accept"! & OrderJ that this Accompt l)e allo^ved In Council Read & Concur'd Con-
sented to by the Lieu' Governor." — Ibid., pp. 490, 491, 492.

664: Peovince Laws.— 1752-53. [Notes.]

The above reports from the committees appointed to form out the excise for "Worcester,
Mitldlesex and York counties were followed liy reports from the committees for the other
counties ; and the dates of tlieir reports, with the names of the farmers of excise appointed by
them respectively, are as follows :—

December 12, 1752. Hampshire county ; to Noah Ashly Esq"- for £l5s.— 76*^., -p. 509.

December 27, 1752. Plymouth county ; to Mr. Benjamin White of Boston, for £243. 6. 8.
—Ibid., p. 525.

December 27, 1752. Bristol county; to Mr Benjamin White of Boston, for £,^i.—Ibid.,
p. 526.

December 28, 1752. Suffolli county ; to William Story of Boston, for £2138. \Zs.—Ibid.,
p. 527.

April 6, 1753. Barnstnble county ; to David Freeman Esq-- for £142. 8— Ibid., vol. XX.,
p. 10.

April 7, 1753. Dukes county; to Gershom Cethcart for £\1.—Ibld., p. 15.
April 12, 1753. Essex county; to Mr. Tkuothy Fuller of Middleton, for £647. 6. 8.—
Ibid., p. 20.

Chap. 18. "November 27. 1752. In Council; Whereas, under Pretence of Commem-
oratmg the Preservation of the King and Parliament from the Traterons Conspnacy com-
monly known by the name of the Gun Powder Plot, many grievous Disorders for divers
years past have been committed in the Town of Boston 'on the Evening of the fifth of
November, & the Pageants or Shows generally made use of on that Occasion, have of late
years been greatly multiplied, the Disorders have proportionably Increased ; And on the
Evening of the seventeenth of November this present year according to the late alteration
of the Calender, the day before which answers to the fifth, having been set apart by this
Government to be observed in a religious Manner, a Person was killed in the Sti;eet of the said
Town, by a disorderly riotous Crew of People ; And furthermore, it is evident that instead
of encouraging an AJihorrence of Popery & Forming a Spirit of Loyalty in the Youth of the
Town, the aforesaid Practices have been attended with horrilile Pro'faness, & other the great-
est Immoralities, cSc have raised a MoI)l)ish tulmultous Spirit in Children and Youth & has

a direct Tendency to promote a Contempt of Government & Order; Therefore, Voted

that Jacob Wendell Andrew Oliver & Thomas Hutchinson Esq'» with such as the hon'''e
House shall join be a Committee to prepare cSc Ijring in a Bill for the effectual preventing

the like Disorders for the future ; In the House of Representatives Read & Coneur'd.

& M'- Speaker M-^ Gray Col" Otis & M-" Tyng are joined in the ai^MX."— Council Records,
vol, XIX., p. 487.

Chap. 19. " January 4. 1753. Report of the Committee on the Affiik of the Treasurers
not being Sworn.

The Committee appointed for the within mentioned Purpose Having met & Considered
the AtTliir, are humlily of Opinion that M'' Foye's neglecting to take the Oath required by
Law respecting the Bills of the other Governments, renders it necessary that an Act should
be pass'd, to confirm all the otherwise legal Acts and doings of the said M"- Foye as Province
Treasurer, and that a Bill bo brought in accordingly Benj^ Lvnde per Order.

Which Report ^vas accepted l)y iioth Houses with the following Addidons & Amendments,
viz. That this Committee prepare the Draught of a Bill accordingly, That the Bill provide also
that the past Proceedings of Daniel Russell and John Wheelwright Esq'* be made good and
Valid tho they have not been qualifved according to Law. And that M"- Treasurer Foye be
directed, if he see fit, to take the Oath aforesaid, in Order to qualify him to Act for the

future in his Office as M-- Russell & M"- Wheelwright have done. Arid that the Treasurer

be enjoined to perfect his Particular" Accompt of the State of the Treasury to the first day
of Feln-nary next agreeable to the Vote of the House entered the 4"' of Juiie last and that
he lay the said Account before the Committee of both Houses appointed for that Purpose on
the thu-tieth of Nov last within six weeks from this time. On Pain of the Displeasm'e of this
Court. Consented to by the Lieutenant Governor."— /6ie?., p. 534.

Chap. 21. " December l^t 1752. In the House of Representatives ; Whereas by Law the
Court of General Sessions of the Peace and Inferiour Court of Common Pleas for the
County of Bristol, are to be held at Taunton on the second Tuesday of December Instant,
& Many Concerned in the s'^' Court are Members of the General Court, Which it is prob-
able will be Sitting at that Time ;

Therefore Ordered that the said Court of General Sessions of the Peace & Inferiour
Court of Common Pleas Ijc and they hereby are Adjourned to the last Tuesday of Jan'y
next ; And all Oflicers & others concerned in said Courts are to conform themselves ac-
cordingly, & that all Processes, & other Matters and things depending in said Courts
& which are by Law to be heard tried & proceeded upon at said Term shall be heard
tried and proceeded on the said last Tuesday of January next & the Justices of the said
Courts are hereby required to conform themselves accordingly In Council Read & Con-
eur'd^—Consented to by the Lieutenant Govenr." — Ibid.,p".i2L

Chap. 24. Novem''. 24. 1742. A Petition of John Ormes in behalf of the Settlers of the
Westerly part of the Town of Leicester, shewing that the said Westerly half was reserved
to themselves by the Proprietors when they granted the other part to those that should
settle thereon ; that the Petitioners are so far distant from the body of the Town as that
they cannot attend their daty there without great difficulty, and that they can have little or
no benefit from the School ; and forasmuch as the said Town have Voted their Consent to
their Ijeing a separate Township, and they are daily increasing and like to be a competent
number if they had the Privileges of a Town; therefore praying that this Court would
erect them, according to the bounds set forth in their Petition, into a Township. In the
House of Represent^ <=s. Read and Ordered that the prayer of the Petition be granted, and

[Notes.] Province Laws.— 1752-53. 665

the Petitioner is allowed to bring in a Bill accordingly. In Council : Read and Concur'd."
—Ibid., vol XVII., b. 3, p. 501.

" Novem. 30. 1742. A Bill entitled An Act to erect the Westerly part of Leicester into a
separate and distinct Township :— Having been read Three several times in the House of
Representees, and there Pass'd to be Engross'd. In Council ; Read a First time." — Ihid.,
p. 512.

" Decemf 2. 1742. The Bill entitled An Act for erecting the Westerly Part of the Town

of Leicester in the County of Worcester into a Township by the Name of ; In Council ;

Read a Second time, and Pass'd a Concurrence to be Engross'd." — Ihid., p. 516.

" Decem. 4. 1742. An Engross'd Bill entitled An Act for erecting the Westerly half of

the town of Leicester into a "Township by the name of ; Having been read Three several

times in the House of Representatives and in Council :— Pass'd to be Enacted by both
Houses." — Ibid., p. 524.

" April 2. 1743. A Petition of John Ormes in behalf of the Proprietors and Settlers of
the Westerly part of Leicester, Shewing that notwithstanding they have built a INIecting
house and had preaching among them for some years pass'd, yet the Town have taxed them
for the support of the Minister in the other part; and therefore Praying that what money
they have already paid for the Ministry in the other part since they have had preaching
among them, may be returned, and that they may be exempted from that charge for the
future. In Council ; Read and Ordered that the Prayer of the Petition be so far granted
as that the Petitioners be freed from paying any part of the charge that has arisen in the
year 1742, for the support of the Ministry at Leicester, as also any charge that may arise
for the future towards the support of the Ministry in the East half of said Town, in case
the Petitioners be constantly provided with an able learned and orthodox Minister and of
good conversation to dispence the Word of God to them. In the House of Representees ;
Read and Concur'd. Consented to W : Shirley.— 76/fZ., p. 629.

" Septcm"" 14. 1743. A Petition of Jonathan Witt and John How, & divers other Inhabi-
tants of the Easterly part of Leicester and Southerly part of Rutland, setting forth their
great difficulties in attending the pnblick Worship of God in tiieir respective To\tos, that
they have petitioned them for their Consent to their being set off a separate Precinct, which
they refused to grant; and therefore praying that this Court would make them a distinct
Precinct by the Bounds particularly described in this Petition. In the House of Repre-
sentees . Read and Ordered that the Petitioners serve the Towns of Leicester and Rutland
with Copies of this Petition, that they shew cause if any they have, on the first Tuesday of
the next Sitting of this Court why the praver thereof should not be granted. In Council;
Read and Concur'd. Consented to W : Shiri.et."— /6/fZ., h. 4, p. 148.

" March 22 1743. On the Petition of Jonathan Witt, John How, and others, Inhabitants
of the Towns of Leicester & Rutland, Praying as enter'd Septem'. 14. 1743. In Council;
Ordered that the consideration of this Petition be further refer'd to the next May Sessions,
that so the Petitioners may have an opportunity to notify the Towns of Leicester & Rutland
of this Order; which they have hitherto failed of doing. In the House of Represente-es ;
Read and Concur'd. Consented to J: Belcher.''* — Ibid., p. 350.

"June 19. 1744. A Petition of Matthias How in behalf of divers Inhabitants of the
Towns of Leicester and Rutland, praying for a new Precinct, showing that by reason of
divers accidents and occurrences the said Petition which was entered the 14th of September
last,' has never yet been fully considered and determined but is now discontinued ; and
therefore praying that the said Petition may be revived and determined upon. In Council ;
Read and Ordered that the Petition Avithin refer'd to, be and hereby is revived, and the
consideration thereof further refer'd to the second Tuesday of the next Sitting of this
Court ; and that the Memorialist serve the Towns of Leicester & Rutland with copies of
this Memorial and the before mentioned petition, that so they may shew cause, at the day
aforesaid, if any they have, why the Prayer thereof should not be granted. In Council;
Read and Concur'd. Consented to W:Shirlf.y." — Ibid., p. 'i25.

" July 18. 1744. A Petition of John Ormes in behalf of the Proprietors of the Westerly
part of the Town of Leicester, praying theymay be erected into a separate Precinct, and the
Inhabitants enjoy the Privileges of Inhabitants of other Precincts. In the House of Repre-
sentees ; Read and Voted that the Inhaliitants and Estates in the Westerly half of the Town
of Leicester bounding Easterly on the Settlers part, so called, to the ancient Divisional Line
formerly established between the Proprietors and Settlers Northerly and Southerly on the
North and South Bounds of said Town, and West on Brookfield East Bounds, be and here-
by are created into a separate and distinct Parish or Precinct and invested Mith all the
privileges and powers which other Parishes do by law enjoy. In Council; Read and
Concur'd. Consented to W: Shirley." — Ibid.,p.i57.

" Aug. 17. 1744. On the Petition of divers Inhabitants of Leicester and Rutland, praying
to be made a separate Precinct In Council; Read a.aain together with the answers, and
the matter being fully considered ; Ordered that this Petition be dismiss'd. In the House
of Representees. Read & Non Concur'd, & Ordered that the consideration of this Petition
be refer'd till the next Sitting of the Court. In Council; Read and Non Conctir'd." —
Ibid., p. 490.

" Decem-^ 22. 1749. The Secretary delivered the following Message from the Lieut' Gov-
ernour to both Houses, viz*

Gentlemen of the Council & House of Represente'e',

The Secretary has laid before me for my Signing an Engross'd Bill pass'd both Houses
for incorporating the West or Second Precinct in the Township of Leicester into a distinct
& Separate Township &c. Whereupon I must Acquaint you that I am restrained from
giving my Consent to this Bill, unless Provision be made that the Number of Ilcprcsente'es
be not thereby increased, or a clause for suspending the Execution of the Act until his
Majesty's Pleasure shall be known thereupon, be inserted in the said Bill." — Ibid., vol.
XIX., p. 9Q.

* This is evidently an error of the recording clerk, and is underscored in the original.
84

666 Province Laws.— 1752-53. [Notes.]

" January 4, 1749. The followins? Message to his Honor the Lieuten' Governor, was
brought uj) from the House of Represenf^s by James Allen Esq'' & others viz

May it please your Honor.

The House taking into consideration your Honor's Message of the 22' of December,
wherein you arc pleased to inform the two Houses, that j-ou are restrained from your giv-
ing your consent to an Engross'd Bill, pass'd both Houses, for incorporating the west or
second Precinct hito a distinct Township, unless Provision be made that the number of
Ilepresent''<'s be not thereby increased, or a Clause for stispending the Execution of the
Act, until his Majesty's pleasure should be known thereupon, be inserted in said liill; beg
leave to say, they are at a loss to know, M-hy your Honor apprehends yourself restrained
from giving your consent to the bill, luilcss provision be made that the number be not
thereby increased, or a Clause for suspending the Execution of the Act, until his Majesty's
pleasure should l>e known thereupon, be inserted in the said Bill ; but must suppose your
Honor induced so to judge, cither from the lleason & Nature of the thing, or from some
Restraint, in their Inte Maj''™ Charter to this Province ; which are the only Rules of Gov-
ernment, in this His Majcstys Province, in neither of which can the House find any Re-
straint, in which Opinion the House arc the more confirmed, from the Fate of a late Bill in
the Honb'f' House of Commons of which your Honor is well knowing.

The House apprehend the forming that part of Leicester, into a distinct Township, will
be for the prosperity of his Majcstys Subjects, in which his Majesty always takes jileasure ;
the end of Government licing his Majesty's Honor & the happiness of his Sul)jects, &
that the people be fully represented is for his Majesty's Honor & the happiness of his
Suljects, & is agreal)le to his Majcstys Charter, & the Laws of this Province, is the Ophiion
of this House; But were it not so, the number of Represcnt^<'s the Town of Leicester by
Charter & The Laws of this Province are now entitled to, are not enlarged by this Bill ; And
therefore the House flatter themselves, your Honor will give your Consent."— /6(fZ., ;j. 114.

The profession, in the above message from the House, of ignorance as to why the Lieu-
tenant-Governor should suppose himself restrained from assenting to this bill, without a
suspending clause, will, in the foce of tlie royal instructions on that snlijcct, seem disin-
genuous, if it is not borne in mind that those instructions were issued to the Governor, and
not, expressly, to the Lieutenant-Governor; who, it was claimed, should be guided solely
by the termsof the charter, and a consideration of the welfiire of the people. This point,
it must be admitted, is extremely fine, but not smaller than many oljjections gravely
entertained by the Ministiy in their dealings with the Province.

Chap. 25. " Jime 6. 1 754. A Petition of the Inhabitants of Rutland District, setting forth
their Difficulties in supporting the pnl)lick Charges of the said District, without the Assist-
ance on the Non Resident Proprietors, Praying that they may lie impowered by this Com-t
to lay a Tax of Three farthings ^ Acre #>* Amumr on all the Lands there, for the Space of
FiveYears for defrayhig the Ministerial & other publick Charges there. In the House of
Representatives, Read & Ordered that the Petition" serve the Proprietors of said District,
by inserting the Substance of this Petition in one or more of the pul ilick News Papers, three
Weeks successively, so that they shew Cause, if any they have, on the second Fryday of the
next sitting of this' Court, why the Prayer thereof should not be granted :— In Council Read
& Concur'id." — Cormcil Records, vol. XX , p. 255.

" October 26. 1754. On the Petition of John Chaldwell Agent for the Inhabitants of Rut-
land District, as Enter'd the 6"' of June last. In Council ; Read again together with the
Answer of Jonas Clark Esq"^ Proprietors Clerk ; And Ordered that Benjamin Lynde &
Eleazer Porter Esq" with such as the Hon'^'« House shall join, be a Com"-''=to hear the Par-
ties, consider the Petition and Answer, and report what the judge proper for this Court to

do thereon : In the House of Representatives Read & Concur'd, & Col° Brattle, Capt.

Mercy and M"" Gibbs of Newtown are joined in the Aflfiiir." — Ibid., p. 295.

" November 2. 1754. Report on the Petition of the District of Rutland ; viz*,

The Committee on the Petition of John Caldwell, for and in behalf of the District of Rut-
land, having considered the said Petition with the Answer made to the same, and heard
such of the Parties as were pleased to attend ; have agreed to and humbly report it as their
Opinion, That on the Treasurer of said Districts lodging in the Hands of the Proprietors
Clerk, an Accoimt of the Sums collected on the Tax ordered by the General Court in the
Year 1749, with an Account, how and in what Manner the same has been expended, the As-
sessors of the District of Rutland should he impowered to assess the Proprietors Lands in
said District, and all other Lands in the same, excepting those granted to the Minister or
Ministry, at the Rate of an Half-penny per Standard Acre, for the three Years next ensu-
ing; the Sum arising thereby to be employed for the finishing the Meeting House, Main-
taining a Minister, clearing of Roads or other publick Services ; and that the Collectors for
the time behig be impowered agreable to the Law, to collect the same, and pay it unto the
Treasurer of the said District,' who shall be appointed to receive the same ; AVhich is sub-
mitted In the Name and by Order of the Committee, Benjamin Lynde.

In Coimcil; Read & Accepted & Ordered that the Assessors of the said District he and
hereby are impowered to assess the said Lands, at the Rate of one half penny per Standard
Acre for three Years next ensuing and the Collectors to collect & pay in the same, and that
the Sum arising thereby be disposed of accordingly. In the House of Representatives Read
& Concur'd— Consented to by the GoMixnoux."— Ibid., p. 306.

ACTS

Passed 1753-54.

[667]

ACTS

Passed at the Session begun and held at Boston,
ON the Thirtieth day of May, A. D. 1753.

CHAPTEE 1.

AN ACT IN ADDITION TO AN ACT, INTITLED " AN ACT DIRECTING HOW
MEETINGS OF PROPRIETORS OF LANDS LYING IN COMMON MAY BE
CALLED."

"Whereas there are sundry tracts of common and undivided lands in Preamble,
this province, Ij'ing within no township or precinct, which are owned by is Alien, 543.
considerable numbers of proprietors, and no effectual provision has as yet
been made by law, either for calling meetings of the proprietors of such
lands, or for the raising and collecting moneys granted for the common
good and service of such proprietors ; whereby the settlement and im-
provement of such lands have been much obstructed and delayed, —

Be it therefore enacted by the Lieute^iant-Govern^ou^r, Council and
House of Iiepr€sent\_ati'\ves,

■ [Sect. 1.] That whensoever five, where there are so many, or the Method of caii-
major part of the owners or proprietors of such common lands, where m|e'un|."^'°'*'
the number shall be less, shall judge it expedient to have a meeting of
the proprietors thereof, and shall thereupon, by writing, apply, by peti-
tion, to any justice of the peace for the county wherein such their lands
as aforesaid l[y][i]e, or to a justice of the peace thro' this province, to
call a meeting of any such proprietors as aforesaid, to be had at such
time and place, and on such occasions as shall be expressed in such
petition, such justice so applied unto, is hereby authorized and directed
to grant and issue out his warrant, directed to one of the proprietors
desiring such meeting, or to the clerk of such propriety, if there be one,
requiring him to notify and warn the other proprietors of such common
lands to meet and assemble together at the time and place appointed
therefor, as aforesaid ; which notice and warning shall be given by ad-
vertising the same, with the time, place and occasions of meeting, in
the several Boston weekly newspapers, forty days at least before the
da}' appointed for such meeting ; and such proprietors may, by them- Powers of the
selves or their lawful attorneys, at sucli meeting, ap[X)int such a method tn\hei°meet^^^
for calling their meetings, for the future, as they shall judge most con- ings-
venient, which shall always be under the same regulations as all other
proprietary meetings are ; and may chuse a clerk and such other officers
as are usually chosen by other proprieties, then, and from time to time,
as their occasions shall require ; and may transact and pass upon any
other matters and affairs for the benefit of such propriety, which the
proprietors of new townships or plantations granted by this govern-
m[e?i]t are by law enabled to do : provided, such matters be mentioned
in the notifications for such meetings; and such clerk, being du[e]ly

670

Province Laws. — 1753-54.

[Chap. 2.]

To raise moneys
for tbe use of
the propriety.

11 Mass., 175.

And to make
sale of the lands
of the delin-
quents.

Proviso.

sworn as tlie clerks of other proprieties, by law, ought to be, shall have
the like power with them.

And be it further enacted,

[Sect. 2.] That such proprietors, at anj" of their meetings, pursuant
to this act, may, by themselves or their lawful attorneys, grant and
order any suitable sum or sums of money to be raised and levied upon
their several rights in such lands equally and rateabl3% according to
their respective interests and shares therein, for bringing forward and
compleating the settlem[e?i]t of such common lands, and for the prose-
cution or defending any lawsuits for or against such proprietors, and
for carrying on and managing any other affairs for the common good of
such proprieties ; and eveiy such proprietor as shall neglect to pay to
the collector or treasurer or committee of such propriety, such sum or
sums of monej^ as shall, from time to time, be duly granted and voted
to be raised and levied upon his right and share in such lands, for the
space of six months to those who live in the province, and twelve months
to those who live out of the province, after such grant, and his propor-
tion thereof, shall be published in the several publick prints, as afore-
s[ai]d, then the committee of the proprietors of such common lands, or
the major part of such comm[i7^]ee, may and are hereby full}^ impowered,
from time to time, at a publick vendue, to sell and convey away so much
of such delinquent proprietor's right or share in said common lands, as
will be sufficient to pay and satisfy his tax or proportion of such grant,
and all reasonable charges attending such sale, to any person that will
give most for the same ; notice of such sale being given in the said prints
forty days at least beforehand, and may accordingly execute and give a
good deed or deeds of conveyance of the lands so sold, unto the pur-
chaser thereof, to hold in fee simple : provided, nevertheless, that the
proprietor or proprietors whose right or share in such lands shall be so
sold, shall have liberty to redeem the same in twelve months after said
sale, by paying the sum the land sold for, and charges, together with
the further sum of twelve pounds for each hundred pounds produced by
such sale ; and so pro rata for any less or greater sum. \_Passed June
19 ; published June 23.

CHAPTER 2.

AN ACT FOE, ERECTING THE TOWNSHIP OF NEW SALEM, SO CALLED,
IN THE COUNTY OF HAMPSHIRE, INTO A DISTRICT.

Be it enacted by the Lieut\enan'\t-Governour, Council and House of
Repres \_entati'] ves,

[Sect. 1.] That the s[ai]d township of New Salem, with the addi-
tional grant made to s[m]d township, be and hereby is erected into a
district by the name of New Salem ; and that the said district be and
Powers thereof, hereby is invested with all the privileges, powers and immunities that
towns in this province, by law, do or may enjo}', that of sending a rep-
resentative to the gen[e7"a]l assembly only excepted ; and the inhabi-
tants of said district shall have full power and right, from time to time,
until[l] the further order of this court, to jo[y][i]n with the town of
Sunderland in the choice of a representative ; and that the said district
shall, from time to time, pay their proportionable part of the expence
of such representative, according to their respective proportions of the
province tax ; and that the s[ai]d town of Sunderland, as often as they
shall call a meeting for the choice of a representative, shall give season-

New Salem
constituted a
district.

To join with
Sunderland in
choice of a rep

resentative.

[1st Sess.] Province Laws. — 1753-54. 671

able notice to the clerk of said district for the time being, of the time
and place of holding such meeting, to the end that said district may
join them therein ; and the clerk of said district shall set up, in some
publick place in s[ai]d district, a notiQcation thereof accordingly.

And be it further enacted,

[Sect. 2.] That all the lands in s[c«"]d district be taxed one penny Lands to be
per acre for the space of three years ; and that the monies thereby ^"'^^'^ ^^^re.
raised shall be employed in finishing the meeting-house, repairing roads,
and for defr[a][e]ying other publick charges in said district.

Provided, nevertheless, —

[Sect. 3.] That nothing contained in this act shall be understood to Proviso.
supersce[e]d[e] the order of this court in April last, respecting the
province, their taking possession of all forfeited grants after the time
limit [^]ed in said order.

A7id be it further enacted,

[Sect. 4.] That Eleazer Porter, Esq'^''^., be and hereby is impow- Meeting to be
ered to issue bis warrant directed to some principal inhabitant in said
district, requiring him to notify the inhabitants of said district to meet
at such time and place as he shall appoint, to chuse all such officers as
b}' law they are impow[e]red to chuse for conducting the affairs of said
district. {^Passed June 15 ; published June 23.

called.

CHAPTER 3.

AN ACT FOR ERECTING THE NORTHEASTERLY PART OF THE TOWN
'of DEERFIELD INTO A SEPERATE DISTRICT.

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

[Sect. 1.] That the northeasterly part of the town of Deerfield, ^°^^^^°f^^
bounding south by the line called the Eight-thousand-acre Line, to run Greenfield.
from Connecticut river west to the west end of the first tier of lots,
which 1[3'] [ie'] west of the Seven-mile Line, so called, from thence north
nineteen degrees east to the north side of the town bounds, thence east
on the town line to Connectiver river, thence on said river to the first
mentioned bounds ; be and hereby is erected into a seperate district by
the -name of Greenfield ; and that the said district be and hereby is
invested with all the privileges, powers and immunities that towns in Powers thereof.
this province do or may enjoy, that of sending a representative to the
general court only excepted ; and that the inhabitants of said district
shall have full power and right, from time to time, to join with the said
town of Deerfield in the choice of a representative or representatives To join with
(who maybe chosen either in the town or district), in which choice they Ending a rep.
shall enjoy all the privileges which by law they would have been resentative.
[j][e]ntitled to, if this act had not been made ; and that the said dis-
trict shall, from time to time, pay their proportionable part of the
expence of such repres[€7ito<i]ve or repres[eHtaii]ves, according to their
respective proportions of the province tax, and that the said town of
Deerfield, as often as they shall call a meeting for the choice of a repre-
sentative, shall give seasonable notice to the clerk of said district for
the time being, of the time and place of holding such meeting, to the
end that said district may join them therein ; and the clerk of said dis-
trict shall set np in some publick place, in said district, a notification
thereof accordingly, or otherwise give seasonable notice as the district
shall determine.

672

Province Laws. — 1753-54.

[Chap. 3.]

Proviso.

Cheapside land.

Place of the
meeting-house.

TTnimproved
lands to be
taxed for the
ministry-, &c.

Proviso.

Proportion of
province and
county tax.

Proviso about
poor, warned to
depart.

District meeting
to be called.

Provided, nevertheless, —

Aiid be it further enacted,

[Sect. 2.] That the said district sh.iU pay their proportion of all
town, count}', and province taxes already- set on, or granted to be raised
by, said town, as if this act had not been made.

And he it further enacted,

[Sect. 3.] That the lands in a certain interval or meadow called
Cheapside, which do now belong to Timothy Childs, janf''L, and David
"Wells, shall pay their taxes to said district, so long as they are owned
by any persons living within said district.

Provided, also, —

And he it further enacted,

[Sect. 4.] That the first meeting-house in said district shall be set
up at a place called the Trap Plain, where the committee of the town of
Deerfield have fixed a white-oak stake.

Provided, also, —

And he it further enacted,

[Sect. 5.] That a tax of one penny farthing per acre be . levied
upon the unimproved allotted lands in s[a/]d district so soon as the
frame of a meeting-house is erected at the afores[ai]d place ; and also
a further tax of one penny farthing per acre upon said unimproved
lands, so soon as a minister is settled within said district, which taxes
are to be employed for building said meeting-house, and settling and
supporting a minister.

Provided, nevertheless, —

And he it further enacted,

[Sect. 6.] That the non-resident proprietors of lands in said dis-
trict shall be allowed to vote in the meetings of said district with regard
to building a meeting-house, and also with regard to the salary and
settlem[e?i]t that shall be given to a minister.

Provided, cdso, —

[Sect. 7.] That the said district shall have the improvement of one
half of the sequestred lands on the north side of Deerfield river, until
there shall be another district or parish made out of the said town of
Deerfield.

Provided, also, —

And be it further enacted,

[Sect. 8.] That the said district shall hereafter pay the same pro-
portionable part of all county and province taxes that shall be laid on
the town of Deerfield, as there was levied on the polls and rateable
estate within the limits of said district for the last tax until [1] this
court shall otherw[ays][ise] order, or set out their proportions.

Provided, also, —

And be it further enacted,

[Sect. 9.] That no poor person or persons residing in said district,
and who have been warned by the selectmen of said Deerfield to depart
said town, shall be understood as hereby exempted from any process
they would have been expos'd to if this act had not been made.

And he it further enacted,

[Sect. 10.] That Elijah Williams, EsqC""!., be and hereby is im-
pow[e]red to issue his warrant, directed to some principal inhabitant
of said district, to meet at such time and place as he shall appoint, to
choose all such officers as by law they are impowered to choose for
conducting the aflfairs of said district. [^Passed June 9 ; published
June 23.

[1st Sess.] Province Laws. — 1753-54. 673

CHAPTER 4.

AN ACT FOR ERECTING A PLACE CALLED SHEEPSCOT, IN THE COUNTY
OF YORK, INTO A DISTRICT BY THE NAME OF NEWCASTLE.

Whereas it hath been represented to this court that the inhabitants Preamble.
of Sheepscot aforesaid labour under difficulties by reason of their not
being incorporated into a district, —

Be it enacted by the Lieut[_enan]t-Governour, Council and House of
Representatives,

[Sect. 1.] That the said place or plantation called Sheepscot, -svith Newcastle ccn-
the inhabitants thereon, be and hereby is erected into a district by the djstrkt!^
name of Newcastle, bounding as follow [ethjf^Hjr] : beginning at the
narrows called Sheepscot Narrows, at the upper end of Wiscasset[t]
Ba}', and so extending from the narrows up the said river tight miles ;
from thence southeast to Damariscotta River, and to extend down said
river eight miles ; and from thence to run to Sheepscot River, at the
place first mentioned ; and that the said district be and hereby is in- Powers thereof,
vested with all the privileges, powers and immunities that towns in this
province by law do or may enjoy, that of sending a representative to
the general assembly only excepted.

And he it further enacted,

[Sect. 2.] That the assessment made by the selectmen chosen by Assessment for
the said inhabitants for the year one thousand seven hundred and fifty- ^'^^' ^°'^^™^''i
one, be confirmed, and that the constable or collector chosen for the
same j-ear by said inhabitants, who have collected some part of said
assessm[ew]t, be and hereby are impowered and directed to finish their
collection, and pay it according to the direction of their warrant, and
that the selectmen who shall be chosen by said inhabitants for the year
one thousand seven hundred and fifty-three, be and herebj- ai-e directed
and impow[e]red forthwith to assess on the said inhabitants and their inhabitants to
estates the sum set upon them in the province ivis. Anno Domini ouq ®^^^'^'^-
thousand seven hundred and fift3'-two, and that the constable or con-
stables or collectors who shall be chosen for the year one thousand
seven hundred and fifty-three, be and hereby are impow[ejred and
directed to collect the same, and pay it into the province treasur}- as
soon as may be.

And he it further enacted,

[Sect. 3.] That Mr. James Cargill be and hereby is impow[e]red to Meeting to be
notify and warn the inhabitants of said district qualified by law to vote '=^^^^^-
in town affairs, to meet at such time and place as he shall appoint, to
chuse all such officers as shall be necessary to manage the affairs of
said district. \_Passed June 19 ; x>uhlished June 23.

CHAPTER 5.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON WINES
AND SPIRITS DISTILL[£]'D, SOLD BY RETAIL, AND UPON LIMES, LEM-
MONS AND ORANGES.

We, his majesty's most loyal and dutiful subjects, the representatives Preamble,
of the province of the Massachusetts Bay, in general court assembled,
being desirous to lessen the present debt of the province, haveche[c] [a]r-
fuUy and unanimously granted and do hereby give and grant unto bis
85

674:

Peovince Laws. — 1753-54.

[Chap. 5.]

Time of this
act's continu-
ance.

Account to be
taken.

Form of the
oath.

Within six
months, ac-
counts to be
delivered.

most excellent majesty for the ends and uses above mentioned, and for
DO other uses, an excise upon all brandy, rum and other spirits dis-
till[e]'d, and upon all wines whatsoever sold by retail, and upon lem-
mons, limes and oranges taken in and used in making of punch or
other liquors mixed for sale, or otherwise consura[e]'d, in taverns or
other licensed houses within this province, to be raised, levied, collected
and paid by and upon every taverner, innholder, common victualler and
retailer within each respective county, in manner following : —

And be it accordingly enacted by the Lieutenant-Governo\_u'\r, Council
and House of Representatives,

[Sect. 1,] That from and after the ninth day of July, one thou-
sand seven hundred and fifty-three, for the space of one year, every
person licens[e]'d for retailing rum, brandy or other spirits, or wine,
shall pay the dut[y][ie]s following: —

For every gallon of brandy, rum and spirits distill'd, fourpence.

For every gallon of wine of every sort, sixpence.

For every hundred of lemmons or oranges, four shillings.

For every hundred of limes, one shilling and sixpence.
— And so proportionably 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 ninth day of July, take an exact account
of all brandy, rum and other distill [e]'d spirits, and wine, and of
all lemmons, oranges and limes then by him or her, and give an ac-
count of the same, upon oath, if required, unto the person or persona
to whom the dut[y][ie]s of excise in the respective country] [ip]s shall
be let or farmed, as in and by this act is hereafter directed ; and such
other persons as shall be licens[e]'d during the continuance of this act,
shall also give an account, as aforesaid, upon oath, what brandy, I'um
or other distill[e]'d spirits, and wine, and of what lemmons, oranges or
limes he or they 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[3'][ie]3
aforesaid shall have power to administer in the words following ;
vizW.,—

You, A. B., do swear that the account exhibited by you is a just and true
account of all brandy, rum and other distill [c]'d spirits, and wine, lemmons,
oranges and limes you had by you on the ninth day of July last. So help
you God.

And where such person or persons shall not have been Hcens[e]'d on
said ninth day of July, the form of the oath shall be so varied, as that
instead of those words, " on the ninth day of Jul}'," 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
retailer, shall make a fair entry in a book, of all such rum, brandy and
other distill [e]'d spirits, and wine, as he or they, or any for him or them,
shall bu}', distill and take in for sale after such account taken, and of
lemmons, oranges and limes taken in, consum[e]'d or used as aforesaid,
and at the end of e.\exy six months, deliver the same, in writing, under
their hand, to the farmer or farmers of the dut[3'][/e]s aforesaid, who
are impow[e]red to administer an oath to him or them, that the said ac-
count is, bond fide, just and true, and that he or they do not know of any
rum, brandy or other distill [e]'d spirits, or wine, sold, directly or indi-
rectly, or of any lemmons, oranges or limes used in punch or otherwise,
by him or them, or any under him or them, or by his or their privity or
• consent, but what is contained in the account now exhibited, and shall
pay him the duty thereof, excepting such part as the farmer shall find

[1st Sess.] Province Laws. — 1753-54. -675

is still remaining by him or them : twenty per cent to be allowed on the Twenty per
liquors afore mentioned for leakage, usage and other waste, for which for'ie^ilkaglf
no duty is to be paid.

Provided cdways, 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,
such taverner, retailer or common victualler shall be exempted and
excused from accounting or paying any excise therefor, inasmuch as
the same is accounted for, and the excise therefor to be paid, by the
taverner or retailer of whom he bought the same.

A7id be it farther enacted,

[Sect. 5.] That every taverner, innholder, common victualler or re- Penalty on
tailer, who shall be found to give a false acco[mp][u7i]t of any brandy, fcoolfnt/^'^^
distill [e]'d spirits, or wine, or other the commodities aforesaid, by him
or her on the said ninth day of July, or at the time of his or her tak-
ing licen[s][c]e, or bought, distill[e]'d, or taken in for sale afterwards,
or used as aforesaid, or neglect or refuse to give in an account, on oath,
as aforesaid, shall be rendered incapable of having a licen[s][c]e after-
wards, and shall be prosecuted by the farmer of 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 General aes-
shall take recognizances, with sufficient suret[3'][ie]s, of all persons recogni'zance
by them licens[e]'d, both as to their keeping good rule and order, and
duly observing the laws relating to persons so licens[e]'d, and for their
duly and truly rend[e]ring an account in writing under their hands as
aforesaid, and paying their excise in manner as aforesaid ; as also that
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 licen[s][c]e, otherwise the per-
sons licens[e]'d shall lose the benefit of his or her said licen[s][c]e ;
and no person shall be licens[e]'d 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 or her asking for such licen[s][c]e.

Ajid ivhereas, notwithstanding the laws made against selling strong Preamble.
drink without licen[s][c]e, many persons not regarding the penal-
t[y][ie]s and forfeitures in the said act, do receive and entertain per-
sons in their houses, and sell great quantit[y][/e]s of spirits and other
strong drink, without licen[s][c]e so to do first had and obtained ; by
reason whereof great debaucheries are committed and kept secret, the
end thereby and design of this law is in a great measure frustrated,
and such as take licen[s][c]es and pay the excise greatly wronged and
injured, —

Be it therefore enacted,

[Sect. 7.] That whosoever, after the said ninth day of Jul}', one Forfeiture of £4
thousand seven hundred and fifty-three, shall presume, either directly or oun^ccnTe.'&c'?"
indirect!}', to sell any brandy, rum or other distill [e]'d spirits or wine,
(in any less quantity than thirt}^ gallons, and all delivered to one per-
son, at one time, without drawing any part of it off), or any beer, cyder,
perry, or other strong drink, in less quantit}- than ten gallons, without
licen[s][c]e first had and obtained from the court of general sessions
of the peace, and recognizing in manner as aforesaid, shall forfeit and
pa}' for each offence, the sum of four pounds, and costs of prosecution ;
one half to the farmer, and the other half to the informer ; and all such

676 Province Laws.— 1753-54. [Chap. 5.]

as shall refuse or neglect to pay the fine aforesaid, shall stand closely
and strictly committed in the common goal of the count}' for three anonths
at least, and not to have the liberty of the goaler's house or yard ; and
any goaler giving any i:)erson libert}' contrary to this act, shall forfeit
and pay two pounds, and pay costs of prosecution as aforesaid. And
if an}' person or persons, not licensed as aforesaid, shall order, allow,
permit or connive at the selling of any strong drink, contrar}' to the
true intent or meaning of this act, by his or her child or children, ser-
vant or servants, or any other person or persons belonging to or in his
or her house or famil}', and be thereof convicted, he, she or they shall be
reputed the offender or offenders, and shall suffer the same penalt[3-] [I'ejs
as if he, she or they had sold such drink themselves.
And be it further enacted,
One witness [Sect. 8.] That w'hen any person shall be complained of for selling

convicfuon!''^ any strong drink without licen[s][c]e, one witness produced to the
satisfaction of the justice or court before whom such complaint shall be
tried, shall be decm[e]'d sufficient for conviction. And when and so
often as it shall be observed that there is a resort of persons to houses
suspected to sell strong drink without licen[s][c]e, 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, outhouses or other dependencies
thereof; and if upon examination of such witnesses, and hearing the
defence of such suspected person, it shall appear to the justice there is
sufficient proof of the violation of this act by selling strong drink with-
out licen[s][c]e, judgment may 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 said justice ;
or otherwise may bind over the person suspected, and the witnesses, to
the next court of general sessions of the peace for the county where
such person shall dwell.
And be it further enacted,
Penalty for sell. [Sect. 9.] That when and so often as any person shall be com-
to^negrofsfmu^ plained of for selling any strong drink without licen[s][c]e to any
lattoes, &c. negro, Indian or molatto slave, or to any child or other person under
the age of discretion, and upon the declaration of any such Indian,
' negro or molatto slaves, child or other person under the age of dis-

cretion, and other circumstances 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 oalh (to
be administred to him or her by the court or justice that shall try the
cause), such defendant shall forfeit and pay two pounds to the farmer
of excise, and costs of prosecution ; but if the defendant shall acquit
him- or herself upon oath as aforesaid, the court or justice may and
shall enter up judgment for the defendant to recover costs.
And be it further enacted.
Persons after [Sect. 10.] That after any pcrson shall have been once convicted

toe*nte?Into°° of Selling strong liquors without licen[s][c]e, contrary to this act, he
bonds. shall, upon every offence after such first conviction, be obliged to enter

into bonds, with one or more suret[y][{e]s, in the penalty of twenty
pounds, to his majesty, for the use of tbis government, that he will not,
, in like manner, offend or be guilty of any breach of this act ; and upon
refusal to give such bond, he shall be committed to prison until he
comply therewith.

And be it further enacted,
Penalty on per- [Sect. 11.] That if any persou or persons shall be summoned to
|°vl evW«Bcl.*° appear before a justice of the peace, or the grand jury, to give evidence

[1st Sess.] Province Laws. — 1753-54. 677

relating to any persons selling strong drink without liceu[s][c]e, or to
appear before the court of general sessions of the peace, or other court
proper to try the same, to give evidence on the trial of any person in-
formed against, presented or indicted for the selling strong drink with-
out licen[s][c]e, and shall neglect or refuse to appear, or to give evidence
in that behalf, every person so offending shall forfeit the sum of twenty
pounds and cost of prosecution ; the one half of the penalty aforesaid
to be to his majesty for the use of the province, the other half to and
for the use of him or tbem who shall sue for tlie 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 peusons informed against, for
selling strong drink without licen[s][c]e, is or are to be prosecuted
for the same, in every snch case, the deposition of any witness or wit-
nesses, in writing, taken before any two of his majesty's justices of the
peace,- quorum unus, 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 esteem[e]'d as sufficient evidence, in
the law, to convict any person or persons offenTling against this act, as
if such witness or witnesses had been present at ihe time of trial, and
given his, her or their deposition, viva voce; and every person or per-
sons 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 inquired 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 be it further enacted,

[Sect. 12.] That all fines, forfeitures and penalt[y][/c]s arising by now fines are
this act shall and ma}' be recovered b}- action, bill, plaint or information, *° ^'^ recovered,
before any court of record proper to try the same ; and where the sum
forfeited does not exceed four pounds, by action or complaint before any
one of his majesty's justices of the peace in the respective count[v][ie]s
where such offence shall be committed ; which said justice is hereby im-
pow[e]red to try and determine the same; and such justice shall
make a fair entry or record of all such proceedings: saving aluxiys to
any person or persons who shall think him-, her- or themselves ag-
gr[ei] [?e] ved by the sentence or determination of the said justice, 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 detcrmin[(?]'d : provided, that in said appeal the same rules be
observed as are already', by law, required in appeals from justices to the
court of general sessions of the peace.

And to the end the revenue arising from the aforesaid dut[y][ie]s of
excise may be. advanced for the greater benefit and advantage of the
publick, —

Be it further enacted,

[Sect. 13.] That one or more persons, to be nominated and ap- Persons em-
pointed by the general court, for and within the several count[y][/e]s ourui'ecscis^J!™
within this province, publick notice being first given of the time and
place and occasion of their meeting, shall have full power, and are hereby
authorized, from time to time, to contract and agree with any person
for or concerning the farming the dut[y][/e]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 one year after the commencement of this act ; and every
person to whom the duties of excise in any cc^uity shall be let or
farmed, shall have power to inspect the houses of all such as are li-

678

Proytnce Laws. — 1753-54.

[Chap. 5.]

Farmer to give
bond that the
sum agreed for
be paid into the
public treas-
ury.

Farmers may
compound \fith
any retailer or
jnDholder.

Penalty for
farmers or their
deputies, offend-
ing.

cens[e]'d, and of such as are suspected of selling without licen[s][c]e,
and to demand, sue for, and recover the excise due from liceus[<^]'d
persons bv virtue of this act.

And be it further enacted,

[Sect. 14.] That the farmer shall give bond with two sufficient
suret[y][?V]s. to the province treasurer for the tiaie 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 prov-
ince treasury, for the use of the province, at the expiration of one 3'ear
from the date of such bond : which bond the person or persons to be
appointed a committee of such county are to take, and the same to lodge
with the treasurer as 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 is hereby impow[e]red and
directed to issue out his execution (returnable in sixty days) against
such farmers of excise and their suret[y][/e]s, or either of them, for the
full sum express [f]'d in the condition of their bonds, as they shall' re-
spectively become due. in the same manner as he is enabled by law to
issue out his executions against defective constables : and the said com-
mittee shall render an account of their proceedings touching the farming
this duty on rum. wine and other the liquors and species afore men-
tioned, in their respective count [v][i>]s. to the general court in the first
week of their fall sessions, and shall receive such sum or sums for
their trouble and expence in said affair as said court shall think fit to
allow them.

[Sect. 15.] And every person farming the excise in any county may
substitute and appoint one or more deputy or deput[y][?>]s under him,
upon oath, to collect and receive the excise aforesaid, which shall become
due in such county, and pay in the same to such farmer ; which deputy or
deput[v][;>]s shall have, use and exercise all such powers and authori-
t[y][?>]s as in and by this act are given or committed to the farmers
for the better collecting the dut[y][ie]s aforesaid, or prosecuting of
oflfenders against this act.

And be it further enacted, anything hereinbefore contain\_e']'d to the
contra ry notirithstanding,

[Sect. IC] 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 dis-
cretion shall think fit 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 or farmed, by themselves
or their lawful substitutes, may and hereby are impow[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 maner is not above his cognizance), any
sum or sums that shall grow due for any of the aforesaid dut[y][iV]s of
excise, where the party or part[y][j€']s from whom the same is or shall
become due shall refuse or neglect to pay the same.

And be it further enacted,

[Sect. 17.] 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 willingi}' connive at, or allow, any person or per-
sons within their respective divisions, not licens[e]'d by the court of
general sessions of the peace, their selling any brandy, wines, rum or
other liquors by this act forbidden, such farmer or deputy, for every
such offence, shall forfeit the sum of fifty pounds and cost of prosecu-
tion ; one half of th* penalty aforesaid to be to his majesty for the use
of the province, the other half to him or them that shall inform and sue

[1st Sess,] Pkovixce Laws. — 1753-54. (379

for the same, and shall thenceforward be forever disabled from serving
in said office.

And be U further enacted,

[Sect. 18.] That in case of the death of the farmers of excise in any Provision in
county, the executors or administrators of such farmer shall, upon their ^^^^^^ of <i^»^>
taking [of] such trust of executor or administrator 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 this act. [^Passed June
15* ; published June 23.

CHAPTER 6.

AN ACT FOR REYIVING AND CONTINUING SUNDRY LAWS OF THIS
PROVINCE, EXPIRED OR NEAR EXPIRING.

Whereas an act was made and pass[e]'d in the sixteenth and seven- Expired and
teenth year of his present majesty's reign, intitled " An Act for securing r^^^jveJJ^ ^^^*
the seasonable payment of town and precinct rates or assessments"; Town and pre-
and another act was made and pass[e]'d in the seventeenth year of his i74."-u!chap. ii.
said majesty's reign, intitled "An Act for preventing mischief by un- Mischief by
ruly dogs on the Island of Nantucket " ; and another act was made and "f ™'y <^°3*-
pass'd in the twentieth year of his s[af]d majesty's reign, intitled " An ' •'^ =»p- •
Act in addition to the several acts for the better regulating the In- Reeniation of
dians" ; and another act was made and pass'd in the twenty-first year i746.^4;%hap.i2.
of his said majesty's reign, intitled "An Act to enable the proprietors of Proprietors of
Suncook to raise mone\' for the supoort of their present minister" ; and f!^!l'^°^\ ,,

^1 i IT , -1 •' 1 . 1 /.,..-. l>4i-48, chap. 11,

another act was made and pass d in the twenty-tourth year of his said
majesty's reign, intitled "An Act for preventing and suppressing of Snppressing of
riots, routs and unlawful assemblies " ; — all which several laws are ex- "j".'^'..^^:
pired or near expiring : and idiereas the afores[a/]d laws have, by
experience, been found beneficial and necessar}' for the several purposes
for which they were pass'd, —

Be it therefore enacted by the Lieutenant-Govern[ou'\r, Council and
House of Repres[entati'\ves,

That all and every of the aforesaid acts, and every matter and clause
therein contained, be and hereby are continued and revived, and shall
continue and remain in full force for the space of five years from the
publication hereof, and no longer. \_Passed June 15* ; published June 23.

1750-51, chap. 17

CHAPTER 7.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED AND FORTY
POUNDS, FOR THE SUPPORT OF HIS HONOUR THE LIEUTENANT-GOV-
ERN[Or]R AND COMMANDER-IN-CHIEF.

Be it enacted by the Lieut\^enan']t-Govemour, Council and House of
Heprese n ta t ives ,

That the sum of three hundred and forty pounds be and hereby is Govomor'a
granted to his most excellent majesty, to be paid out of the publick S""^"^^
treasurj- to his honour Spencer Phips, EsqW., lieutenant-governoiir and
commander-in-chief in and over his majesty's province of the Massa-

• According to the record this act was passed June 19.

G80

Province Laws. — 1753-54.

[Chap. 8.]

chusetts Bay, for his past services, and further to enable him to manage
the publick affairs of the province. [^Passed Jane 11* ; puhlished June
23.

CHAPTER 8.

AN ACT FOR GRANTING THE SUM OF FIFTEEN HUNDRED POUNDS TO
ENCOURAGE THE MANUFACT[ORY][L^E] OF LINNEN.

Preamble.

Duty to be laid
upon coaches,
chaises, &c.

Proviso.

Owners of
coaches, chaises,
S:c., to i,'ive In
an account to
the town
treasurer.

Penalty for not
giving "account.

Whereas, through the great decay of trade and business, the num-
ber of poor is greatly increased, and the burthen of supporting them
lies heavy on many of the towns within this province, and many per-
sons, especially women and children, are destitute of employment, and
in danger of becoming a publick charge ; and whereas divers w-ell-dis-
posed persons have contributed, and continue to contiibute, sums of
money to encourage setting the poor to work in the several branches of
the linnen manufacture, which sums of money have been, and continue
to be, paid into the hands of Andrew Oliver, EsqM., Mr. Thomas
Greene, Thomas Hubbard, Esq['']., Mr. John Franklin, Mr. Middlecot
Cooke, Mr. Thomas Gunter, Mr. AVilliam Clarke, Mr. Sylvester Gardi-
ner, Mr. William Bowdoin, and Mr. Isaac Winslow, in order to be by
them applied to the purposes aforesaid ; therefore, further to encourage
the laudable design of the several contributors as aforesaid, —

Be it enacted by the Lieut\_enan\t-Governour^ Council and House of
Iiepres\^entntf\ves,

[Sect. 1.] That there be and hereby is granted a tax or duty on
every coach, chariot, chaise, calash and chair, within this province, to
be paid by the owner thereof, annualh', during the term of five j'ears,
to commence the first of August next, excepting the governour, lieu-
t[ena»]t-governour, the president of Harvard College, and the settled
ministers thro' [ugh] the province ; viz^'L, on every coach, ten shillings ;
on every chariot, five shillings ; on eveiy chaise, throe shillings ; on
every calash, two shillings ; and on every chair, two shillings ; x>^'Ovided
always, that if any coach, chariot, chaise, calash or chair, shall not at
any time in any 3'ear daring the continuance of this act be actuall}'
used or improved, the tax for such year shall not be required or ac-
counted due.

And be it further enacted,

[Sect. 2.] That every person, inhabitant of or resident within this
province, who now is, or during the term of five j'ears afores[a?"]d,
shall be owner of any one or more coach, chariot, chaise, calash or
chair, be and hereby is required, every year during their being owners
of such coach, [chariot], chaise, calash or chair, and sometime before
the first of October in each .year, to exhibit and give in to the treasurer
of the town or district of which he shall be at such time an inhabitant
or resident, or where there shall be no treasurer, to the selectmen, a
true account or list of ever}' such coach, chariot, chaise, calash or
chair, and pay to said treasurer, or where there shall be no treasurer,
to the selectmen, the tax or duty by this act assessed or laid thereon,
on pain of forfeiting double the sum so assessed or laid, for each neg-
lect ; such forfeiture to be recovered by the afores[ai!']d Andrew Oliver,
Thomas Greene, Thomas Hubbard, John Franklin, Middlecot Cooke,
Thomas Gunter, William Clarke, Sylvester Gardiner, William Bowdoin
and Isaac Winslow, or the major part of them, before any justice of the

* Passed June 8, according to the record.

[1st Sess.] Province Laws.— 1753-54. 681

peace in the county where any person or persons so neglecting shall
dwell or reside.

And be U further enacted,

[Sect. 3.] That the several town treasurers within this province, Towntreas-
or where there shall be no treasurer, the selectmen, be and hereby "Jprtt'/accomit
are required to render an account to the afores[and Andrew Oliver, to the managers
Thomas Greene, Thomas Hubbard, John Franklin, Middlecot Coolie, manufacture.
Thomas Gunter, William Clarke, Sylvester Gardiner, William Bowdoin
and Isaac Winslow, or the major part of them, of the sums which shall
by such town treas[?M*e]rs or selectmen be received b}- v[i][(']rtue of
this act, and the names of the several persons who have paid the same,
and shall accordingly pay such sums annually on or before the first of
November every year, to the said And [?-e]w Oliver, Thomas Greene,
Tho[7«a]s Hubbard, John Franklin, Middlecot Cooke, Tho[7na]s Gun-
ter, William Clarke, Sylvester Gardiner, Will[ia]m Bowdoin and Isaac
Winslow, or the major part of them, or to such person or persons as
shall be from time to time by them or the major part of them deputed
or appointed : the said town treasurers or selectmen first deducting
five per cent for receiving and paying the same ; and the several mat-
ters and things required by this act to be performed and done by the
several town treasurers are hereb}' declared to be part of the ofTice and
trust of a town treasurer, or where there shall be no treas[?(re]r, of the
selectmen, to the faithful discharge whereof they are by law required
annually to be under oath.

And be it further enacted,

[Sect. 4.] That the several sums from time to time received by the The money

raised, to be

pro-

said Andrew Oliver, Tho[??ia]s Greene, Tho[ma]s Hubbard, John apphedfor
Franklin, Middlecot Cooke, Tho[ma]s Gunter, Will[?a]m Clarke, Syl- aiding a house
Tester Gardiner, Will[m]m Bowdoin and Isaac Winslow, by virtue of linenmanufact-
this act, shall by them be applied to the purchasing a p[eij [/e]ce of "'■^•
land, and building or purchasing a convenient house within the town
of Boston, for carrying on the business of spinning, weaving and
other necessary parts of the linnen manufacture, and to no other pur-
pose whatsoever; and the said And[re]w Oliver, Tho[?no]s Greene,
Tho[?na]s Hubbard, John Franklin, Middlecot[t] Cooke, Tho[7«a]s
Gunter, Will[/a]m Clarke, Sylvester Gardiner, Will[fa]rQ Bowdoin and
Isaac Winslow, shall annuall}' every year lay before the general court Managers to
or assembly of this province at their sessions in Ma^-, an account of "o^he'gen^eraf"'
the sums received by virtue of this act, and how the same have been court.
disburs[p]'(l or applied ; and they shall be held at all times during their
improvem[^?i]t of the afores[aQd house and land, to cause to be in-
structed in the manufacture afores[ai']d, free of any expence for such
instruction, at least one person from every town in this province which
shall see cause to send one for that purpose ; and the said house and
land shall be employed for the purposes afores[ai]d during the pleasure
of the general court aforesaid, and no longer.

Provided cdivays, and it is accordingly to be understood, —

[Sect. 5.] That if at the expiration of any year before the fifth Proviso,
year the tax or dut}" hy this act laid, shall have amounted to the sum
of fifteen hundred pounds, the said tax or duty shall thenceforward
determine and cease ; and in case there shall at any time have been
received by the said And [re] w Oliver, Tho[wa]s Greene, Tho[77?a]s
Hubbard, John Franklin, Middlecot[t] Cooke, Tho[?)ia]s Gunter,
Will [/a] m Clarke, Sylvester Gardiner, Will[ia]m Bowdoin and Isaac
Winslow, a greater sum than fifteen hundred pounds, the overplus shall
by them be paid into the publick treasur}'.

Avd be it further enacted,

TSect, G.l That if it shall appear, at the expiration of the five vcars Further pro.

•- -■ 1 I ' i. ^ vision in case of

oa deficiency.

682

Province Laws. — 1753-54.

[Chap. 9.]

in this act mentioned, that the afores[a(']d tax or duty shall not have
amounted to the sum of fifteen hundred pounds, further provision shall
be made by the general court for compleating the said sura of fifteen
hundred pounds, and api)lyiug it to the purposes aforesaid. [Passed
June 15 ; published June 23.

CHAPTER 9.

AN ACT TO PREVENT FIRING THE WOODS.

Preamble.

1742-43, chap. 22.
1745-46, cbap. 17.

Penalty for
firing woods.

Method of
prosecution.

Lawful for
towns or pro-
prietors of lands
to set fire to
their own lands.

Method of pros-
ecution when
children, &c.,
fire the woods.

"Whereas it is found by experience, that the burning of the woods
does greatly impoverish lands, prevent the growth of wood, and destroy
much fence, to the great detrim[e7i]t of the owners ; for the prevention
whereof for the future, —

Be it enacted by the Lieut[_enan']t-Governo[xi']r, Council and House of
Bepresent\_atiji'es,

[Sect. 1.] That from and after the publication of this act, no per-
son or persons shall wittingly and willingly set fire in any woods or
land lying in common within the bounds of any town, without leave
first had from the town or proprietors, respectively, owners of such land
l3'ing in common, by a major vote, at a meeting for that purpose ap-
pointed, under the penalty of forty shillings, to be recovered by action
or information before any justice of the peace in the count}' where the
offence is committed, such penaUy to be for the use of the person or
persons who shall prosecute or sue for the same ; and the party offend-
ing shall be further liable to the action of the town, proprietors or par-
ticular persons damnified by such fire. And in case such fire shall be
set or kindled b}' any person under age, such penalty shall be recovered
of the parent or master, respectively, of such person under age, unless
it shall appear such person under age was employed or directed by some
person other than the parent or master, in which case, the person so
employing or directing, shall be liable thereunto.

And be it further enacted^

[Sect. 2.] That it shall and may be lawful for any town or proprie-
tors of anv such lands as afores[o^"]d, to give order for the setting fire in
the lands to them respectively belonging, and to chuse two or more per-
sons for that service, who shall appoint times for that i)urpose, and give
seasonable notice thereof in the town where such lands ][y] ['']^» ^"^^ to
the selectmen of such adjacent town near the borders whereuf 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,
where proof cannot be made in the ordinaiy method and course of the
law, if the plaintiflT, complainant, or other credible person, shall swear
that fire has been kindled as is declared in the writ[t], and there does
appear such circumstances as shall render it highly probable, in the
judgment of the court or justice before whom the trial is, that the fire
was kindled b}' 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 years or upwards, will
acquit himself upon oath, administred to him by the court or justice be-
fore whom the trial is, the plaintiff or complainant shall recover against

[1st Sess.] Province Laws. — 1753-54. 683

the defendant the penalty b}' this act imposed, and costs ; but if the de-
fendant shall acquit himself upon oath, as aforesaid, judgra[e;i]t shall
be entred up for the defendant his costs against the plantitf.

And be it further enacted,

[Sect. 4.] That from and after the publication of this act, every Penalty for
person who shall wittingl}' and willingly set on fire any woodlands lying fvhi|iu'com.
in common within the bounds of any new plantation in this province, "^on.
or any woodlands brought into severalty, other than his own, lying
either in the bounds of any town or new plantation, open and unin-
clos[e]'d, or any woodlands belonging to any particular person or per-
sons, not within the bounds of any town or new plantation, or any part
of the unappropriated woodlands belonging to and within the bounds of
this province, without leave first had and obtained from those who have
right to give the same, shall forfeit the sura of forty shillings, to be
recovered with full costs of suit, b}' an^^ person who shall sue for the
same, in the same manner, and to the same use, andJLhe same method
of proof shall be allowed as is provided in this act.

And be it further enacted,

[Sect. 5.] That the penalty given b}^ this act against firing woods. Penalty may be
shall be likewise recovered by presentment of the grand juiy ; and on gnincTImy/and
the trial of any presentm[e/iit of any offence against this act, the same ^baiibetothe
proof and evidence shall be sufficient to convict the person presented, as
is made sufficient in case of private suit for the penalty. And all for-
feitures and penalties that shall be recovered by presentm[en]t of the
grand jury by virtue of this act, shall be to his majest}', his heirs and
successors, to and for the use of this government.

Provided cdicays, —

[Sect. 6.] That no person shall be obliged to pay any of the above- One recovery of
said forfeitures or penalties for the same olTence, on presentm[e?j]t of shaiibarany
the grand jury, and on private and personal action both ; but one recov- a^er trial.
ery in either of said methods shall be a final bar[r] to any after-charge
or prosecution in the other, for the same penalty.

And be it further enacted,

TSect. 7.1 That in all personal actions brought for the recovery of Method of

6Vi(l6IlC6

damages sustained by any person or persons, by means of setting on
fire an}' wood[s] or woodlands, to whomsoever the same may belong,
whether it lie in common or severalty', inclos'd or not inclos'd, the above-
mentioned evidence and method of proof shall be allowed and adjudged
sufficient for the plantiff to maintain his action and recover his damages
upon [or] against the defendant.

[Sect. 8.] This act to continue and be in force for the space of ten Limitation,
years from the publication thereof, and no longer. {^Passed June 19 ;
published June 23.

684: Peovince Laws.— 1753-54. [Chap. 10.]

CHAPTER 10.

AN ACT FOR THE SUPPLY OF THE TUEASURY WITH NINE THOUSAND
POUNDS, AND FOR APPORTIONING THE SAME, AND FOR DRAWING IT
INTO THE TREASURY; AND ALSO FOR ASSESSING A FURTHER TAX
OF ONE THOUSAND FIVE HUNDRED AND TWENTY-THREE POUNDS
SIX SHILLINGS, PAID THE REPRESENTATIVES FOR THEIR SERVICE
AND ATTENDANCE IN THE GENERAL COURT, AND TRAVEL, AND FOR
FINES LAID ON SEVERAL TOWNS FOR NOT SENDING A REPRESENTA-
TIVE; AND THE FURTHER SUMS HEREAFTER MENTIONED. ON THE
TOWNS HEREAFTER NAMED, IN THE COUNTY OF SUFFOLK, FOR THE
REPAIRS OF THE TOWN-HOUSE; VIZCi]., THE TOWN OF BOSTON, FIF-
TEEN HUNDRED AND SIXTEEN POUNDS EIGHTEEN SHILLINGS AND
FOURPENCE; THE TOWN OF BR AINTREE, THIRTY-SIX POUNDS TEN
SHILLINGS; THE TOWN OF BROOKLINE, NINE POUNDS FIFTEEN SHIL-
LINGS ; AND THE TOWN OF CHELSEA, THIRTEEN POUNDS SIX SHIL-
LINGS: AND ALSO ONE OTHER TAX ON THE TOWNS HEREAFTER
NAMED, IN THE PROVINCE, FOR FORMER ARREARS NOW DUE;
VIZCn, THE TOWN OF BOSTON, TWENTY-TWO POUNDS EIGHTEEN
SHILLINGS AND FIVEPENCE ; NORTH YARMOUTH, TWENTY-ONE
POUNDS TWO SHILLINGS AND NINEPENCE ; GEORGETOWN, FIFTEEN
POUNDS SIX SHILLINGS AND TENPENCE ; KITTERY, THIRTY-FOUR
POUNDS ELEVEN SHILLINGS AND SIXPENCE; BERWICK, THIRTEEN
SHILLINGS AND SEVENPENCE ; HOPKINSTON, FIFTEEN SHILLINGS AND
TWOPENCE; CAMBRIDGE, FOURTEEN SHILLINGS AND NINEPENCE;
IPSWICH, SIXTY-EIGHT POUNDS FIVE SHILLINGS AND FOURPENCE;
MARBLEHEAD, ONE HUNDRED AND EIGHT POUNDS SIXTEEN SHIL-
LINGS AND SEVENPENCE; BOXFORD, THIRTEEN SHILLINGS AND
FOURPENCE; LEICESTER, FIVE POUNDS THIRTEEN SHILLINGS AND
FOURPENCE ; DISTRICT OF SPENCER, TWO POUNDS SIXTEEN SHIL-
LINGS AND EIGHTPENCE; BRIDGWATER, FIFTEEN POUNDS SEVEN-
TEEN SHILLINGS AND FIVEPENCE; CHATHAM, ONE POUND NINETEEN
SHILLINGS :- AMOUNTING IN THE WHOLE TO TWELVE THOUSAND
FOUR HUNDRED POUNDS.

We, his majesty's most lo3'al and dutiful subjects, the representatives
in general court assembled, pray it may be enacted, —

And it is accordingly enacted by tjie Lieutenant-Governo\^i(']r, and
House of Representatives^

[Sect. 1.] That each town and district within this province be as-
sess [e]'d and pay, as such town's and district's proportion of the sura
of nine thousand pounds,— and their representatives' pay. and fines laid
on several towns, — the sum of one thousand five hundred and twenty-
three pounds, six shillings ; and the sura of fifteen hundred \_and^
seventy-six pounds nine shillings and fourpence, on sundry towns, re-
maining due, for the repairs of tlie town-house ; and a further sura of
three hundred pounds four shillings and eightpence, being the arrears
due to the province from the towns above named, the several sums fol-
lowing ; that is to say, —

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[1st Sess.] Peovince Laws. — 1753-54.

689

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[1st Sess.] Province Laws. — 1753-54. 693

A7id be it further enacted,

[Sect. 3.] And the justices in their general sessions, in the respect-
ive 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 treasur}- to the representative of each
town for his service ; and the assessors of each town in the province are
also directed, in making an assessment, to govern themselves b}^ 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 pa3Mng else-
where, 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 employment whatsoever, and all profits that
shall or may arise by money or other estate not particularly otherwise
assess[e]'d, or commissions of profit in their improvement, according
to their understanding or cunning, at a halfpenny 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 assessment, to estimate houses and lands at six years'
income of the j'early rents whereat the same may be reasonabl}' set
or let for in the place where they l[i][?/]e : saving all contracts between
landlord and tenant, and where no contract is, the landlord to reim-
burse one-half of the tax set upon such houses and lands ; and to
estimate negro, Indian and molatto servants proportionabh' as other
personal estate, according to their sound judgment and discretion ; as
also to estimate e\evy ox of four years old and upwards, at forty shil-
lings ; every cow of three years old and upwards, at thirty shillings ;
every horse and mare of three years old and upwards, at forty shil-
lings ; every swine of one year old and upwards, at eight shillings ;
goats and sheep of one j-ear old, thi-ee shillings each : 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 assess [e]'d 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 improve-
ment, in trust, to be distinctly express[e]'d ; and the list or lists, so
perfected and signed b}- them, or the major part of them, to commit to
the collectors, constable or constables of such town or district, and

694 Province Laws.— 1753-54. [Chap. 10.]

to return a certificate of the name or names of such collectors, constable
or constables, with the sum total to each of them committed, unto him-
self, some time before the last day of October next.

[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, or constable or constables of such town or
district, requiring him or them, respectively, to collect the whole of
each respective sum asscss[e]'d on each particular person, before the
last day of December next ; and to pa}- in their collection, and issue the
accompts of the whole, at or before the last da}' of March next, which
will be in the year of our Lord one thousand seven hundred and fifty-
four.

And be it further enacted,

[Sect. 5.] That the assessors of each town or district, respectiA^el}',
in convenient time, before their making [of] 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 notify the inhabitants some other way to give or bring in to the
assessors true and perfect lists of their polls, rateable estate, and
income b}' trade or facult}^, 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 of this tax, as near as
the}' can, agre[e]able to the rules herein given, under the peualt}^ of
twenty shillings for each person that shall be convicted by legal proof,
in the judgment of the said assessors, in 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, to be paid in to the town treasurer or
selectmen for the use aforesaid: saving to the party aggr[ei][ie]ved
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 per-
son 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 genei-al sessions for any abatement
of the assessment laid on him.

[Sect. G.] And if the party be not convicted of an}^ falseness in
the list, by him presented, of the polls, rateable estate, or income by
trade or facult}^ business or emijloyment, which he does or shall exer-
cise, or in gain by mone}- at interest or otherwise, or other estate not
particularl}' assess[e]'d, such list shall be a rule for such person's
proportion to the tax, which the assessors ma}' not exceed.

And forasmuch as, oftentimes, sundry persons, not belonging to this
province, bring considerable trade and merchandi[s][2]e, and by
reason that the tax or rate of the town where tliey come to trade is
finished and delivered to the constable or collectox's, and, before the
next year's assessment, 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 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
reside in any town within this province, and bring any merchan-
di[s][;^]e, and trade, to deal therewith, the assessors of such town
are hereby impowered to rate and assess all such persons according to

[1st Sess.] Peovince Laws.— 1753-54. 695

their circumstances, pursuant to tlie rules and directions in tlais act pro-
vided, tlio'[ugh] the former rate may have been finished, and the new-
one not perfected, as aforesaid.

And be it further enacted,

[Sect. 8.] That when any merchant, trader, or factor, inhabitant
of some one town within this province, shall traffic, or carry on trade
and business, and set up a store in some other town in the province,
the assessors of such town where such trade and business shall be
carried oil as aforesaid, be and hereby are impowered to rate and
assess all such merchants, traders, and factors, their goods and mer-
chandi[s][2;]e, for carrying on such trade and exercising their faculty
in such town, pursuant to the rules and directions of this act ; and
that before any such assessors shall rate such persons as afore men-
tioned, the selectmen of the town where such trade is carried on
shall transmit a list of such persons as they shall judge may be rated
■within the intent of this act ; and the constables or collectors are hereby
enjoined to levy and collect all such sums committed to them and
assessed on persons who are not of this province, or are residents in
other towns than those where the}' carry on their trade, and pay the
same.

And be it further enacted,,

[Sect. 9.] That the inhabitants of this province have liberty, if they
see fit, to pay the several sums for which the}' may be respectively
assess[e]'d, of the aforesaid sum of twelve thousand and four hundred
pounds, in good merchantable hemp, or in good, merchantable, Isle-of- ^
Sable codfish, or in good refin[e]'d bar[r]-iron, or in bloomery-iron, or
in h[a] [o]llow iron-ware, or in good Indian corn, or in good winter rye, or
in good winter wheat, or in good barley, or in good barrel [1] pork, or in
barrel[l] beef, or in duck or canvas, or in long whalebone, or in mer-
chantable cordage, or in good train oj'l, or in good beeswax, or in good
bayberry-wax, or in tr [i] [2/]ed tallow, or in good pe[e] [«]se, or in good
sheepswool[Z], or in good tann[e]'d sole-leather; and that the' eldest
councellors, for the time being, of each of those count[y][{e]s in the
province, of which any one of the councellors 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, once in
every month, if need be, to agree and set the several species and com-
modities aforesaid at some certain price, at which they shall be received
towards the payment of the sums aforesaid : all which aforesaid com-
modities shall be of the produce of this province, and, as soon as con-
veniently may, be disposed of by the treasurer to the best advantage
for so much as thc}^ will fetch in money ; and the several persons paying
their taxes in an}' of the commodities afore mentioned to run the risque
and pay the charge of transporting the said commodities to the prov-
ince 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 year ; and if
there l3e a surplusage, it shall remain as a stock in the treasury.

And vjhereas, the said sum of twelve thousand and four hundred
pounds has not been appropriated to any supply bill for the payment
of the publick debts, —

Be it enacted,,

[Sect. 11.] That the said sum of twelve thousand and four hun-
dred pounds, shall be issued out of the treasury, when received of the
constables and collectors, in manner and for the purposes following ;
that is to say, the sum of two thousand and five hundred pounds, part
of the said sum of twelve thousand and four hundred pounds, shall be
applied for the service of the several forts and garrisons within this

696 Proyince Laws.— 1753-54. [Chap. 11.]

province, pursuant to such orders and grants as are or shall be made
by this court for those purposes ; and the further sum of seven hundred
pounds, part of the aforesaid sum of twelve thousand and four hun-
dred pounds, shall be appl [i] [?/] ed for the purchasing provisions, com-
missary's necessaries and disbursements for the service of the several
forts and garrisons within this province, pursuant to such grants as are
or shall be made by this court for that purpose ; and the further sum
of three thousand five hundred pounds, part of the said sum of twelve
thousand and four hundred pounds, shall be applied for the paj^ment of
such premiums and grants that now are or hereafter may be made by
this court ; and the further sum of five hundred pounds, part of the
aforesaid sum of twelve thousand and four hundred pounds, shall be
applied for the discharge of other debts owing from this ])rovince to
persons that have served, or shall serve them, by order of this court, in
such matters and things where there is no establishment nor any cer-
tain sum assign[e]'d them for that purpose, and for paper, writing and
printing ; and the further sum of nine hundred pounds, part of the
aforesaid sum of twelve thousand and four hundred pounds, shall be
' appl[i][?/]ed for the payment of his majesty's council and house of

representatives, serving in the general court during the several sessions
of this present year.

And as there are sometimes contingent and unforeseen charges that
demand prompt pay, —

Be it enacted,

[Sect. 12.] That the sum of fifty pounds, part of the aforesaid sum
of twelve thousand and four hundred pounds, be applied to pay such
contingent charges ; and the further sum of four thousand two hundred
and fifty pounds, being the remainder of the aforesaid sum of twelve
thousand and four hundred pounds, remain in the hands of the treas-
lU'er to be drawn out for such uses as this court shall hereafter order,
and for no other purpose whatsoever.

And be it further enacted,

[Sect. 13.] That the treasurer is hereb}' directed and ordered to
pay the sum of twelve thousand and four hundred pounds, brought in
by taxes as aforesaid, out of such appropriations as shall be directed
to bj^ warrant, and no other ; and the secretary, to whom it belongs to
keep the muster-rolls and acco[un][mp]ts of the charge, shall lay
before the house of representatives, when the}^ direct, such muster-rolls
and acco[un][mj?]ts, after payment thereof. \^Passed June21*; pub-
lished June 23.

CHAPTER 11.

AN ACT FOR GHANTING TO HIS MAJESTY SEVERAL RATES AND DUTIES
OF IMPOST AND TUNNAGE OF SHIPPING.

1751-52, chap. 16. Whereas, in and by an act of this province, pass'd in the twenty-
fifth of his majesty's reign, Andrew Oliver, Thomas Hubbard, Esq".,
and Mr. Harrison Gray, were impowered to borrow, for a term not ex-
ceeding two 3'ears, a sum not exceeding eighteen thousand six hundred
pounds, in Spanish mill'd dollars, or lawful mone}' at six shillings and
eightpence per ounce, or gold at five pounds one shilling and seven-
pence per ounce, or government's securities, which became due the
thirt3--first day of December, 1751, or that became due the tenth day
of June, 1752 ; also in warrants on the treasury, and should give secu-

* According to the record, this act was signed June 22.

[1st Sess.] Province Laws. — 1753-54. 697

rity to the lenders of the money so borrowed, and should pay the same
into the treasury, for the supply thereof ; and by the said act it was
further ordered that the treasurer should pay the principal and interest
as the same should respectively become due, on all the notes given by
the committee afores**, for all such sums as they should so borrow for the
government, and deposit in the treasury ; and in order to enable the
treasurer to discharge the notes and obligations that should by the com-
mittee be given for said sum, in pursuance of the afore-mentioned act, it
was therein provided, that the duty of impost for two j-ears, from the
twenty-ninth day of June, 1752, should be applied for the payment and
discharge of the principal and interest that should become due on said
notes and obligations, and to no other purpose whatever, —

We, his maj'y* most loyal and dutiful subjects, the represent^*' of
the province of the Massachusetts Bay, in New England, being desir-
ous of enabling the treasurer to discharge the notes and obligations
as aforesaid, have chearfully and unanimousl}' given and granted and
do hereby give and grant, to his most excellent majesty, to the end and
use aforesaid, and to 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 Lieutenant-Govern''^ Council and
House of Repres'''%

[Sect. 1.] That from and after the twenty-sixth day of June curr',
and during the space of one 3'ear, there shall be paid by the importer of
all wines, liquors, goods, wares and merchandize that shall be imported
into this province by any of the inhabitants thereof (salt, cotton-wooll,
pig-iron, mehogany, black walnut, lignum-vit£e, red cedar and brazilleto
wood, provisions, and every other thing of the growth and produce of
New England, and also all prize goods condemn'd in any part of this
province, excepted), the several rates and duties of impost following;
viz'., —

For every pipe of wine of the "Western Islands, twenty-four shillings.

For every pipe of Madaira, twenty-six shillings and eightpence.

For every pipe of other sorts not mention'd, twenty-four shillings.

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

For every hogshead of sugar, fourpence.

For every hogshead of molosses, fourpence.

For every hogshead of tobacco, ten shillings.

For every ton of logwood, fourpence.
— And so, proportionabl}', for greater or lesser quantitys.

And all other commodities, goods or merchandize not mention'd or
excepted, fourpence for every twent}- shillings value : all goods imported
from Great Britain, and hogshead and barrell-staves and heading from
any of his majestj^'s colonys and provinces on this continent, excepted.

[Sect. 2.] And for any of the above wines, liquors, goods, wares and
merchandize, &c., that shall be imported into this province b}' any of
the inhabitants of the other provinces or colonies on this continent, or
of the English West-India Islands, or in any ship or vessel to them
belonging, on the proper account of any of the said inhabitants of
the other provinces or colonies on this continent, or of the inhabi-
tants of any of the West-India Islands, there shall be paid by the
importers double the impost appointed by this act to be received for
every species above mentioned ; and for all rum, sugar and molosses,
imported and brought into this province by an}^ ship or vessel, or by
land-carriage, from any of the colonies of Connecticut, New Hampshire
88

698 Province Laws.— 1753-54. [Chap. 11.]

or Rhode Island, shall be paid by the importer, the rates and duties fol-
lowing : —

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

For every hogshead of molosses, containing one hundred gallons,
eightpence.

For every hogshead of sugar, containing one thousand weight, eight-
pence.
— And in that proportion for more or less thereof ;

And for all European goods, and for all other goods, wares or mer-
chandize, eightpence for every twenty shillings value : provided always,
that all hogshead and barrel-staves and heading from any of his majes-
ty's provinces or colonies, all provisions and other things that are the
growth of New England, all salt, cotton-wool and pig-iron, mehogany,
black walnut, lignum-vitse, red cedar and brazilletto wood, are and
shall be exempted from every the rates and duties aforesaid.

And be it further enacted,

[Sect. 3.] That the impost rates and duties aforesaid shall be
paid in current lawful money by the importer of any wines, liquors,
goods or merchandize, unto the commissioner to be appointed, as is
hereinafter to be directed, for entering 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 ves-
sel, doth exceed the sum of six pounds ; and in cases where the com-
missioner or receiver shall give credit, he shall ballance and settle his
accompts with every person on or before the last day of April, so that
the same accompts may be ready to be produced in court in May next
after. And all entries, where the impost or duties 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 he it further enacted,

[Sect. 4.] That the master of every ship or vessel coming into
this province from any other place, shall, within twentj'-four hours after
his arrival in any port or harbour, and before bulk is broken, make
report and deliver a manifest, in writing, under his hand, to the commis-
sioner aforesaid, of the contents of the loading of such ship or ves-
sel, therein particularly expressing the species, kind and quantitys of
all the wines, liquors, goods, wares and merchandize imported in such
ship or vessel, with the marks and numbers thereof, and to whom
the same are consign'd ; and make oath before the said commissioner
that the same manifest contains a just and true accompt of all the lading
taken on board and imported in such ship or vessel, so far as he knows
or believes ; and that if he knows of any more wines, liquors, goods,
wares or merchandize laden on board such ship or vessel, and imported
therein, he will forthwith make report thereof to the commissioner afore-
said, and cause the same to be added to his manifest.

And he it further enacted,

[Sect. 5.] That if the master of any ship or vessell shall break
bulk, or suffer any of the wines, liquors, goods, wares and merchandize
imported in such ship or vessel to be unloaden before report and entry
thereof be made as aforesaid, he shall forfeit the sum of one hundred
pounds.

And he it further enacted,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or dutys aforesaid are payable,

[1st Sess.] Peoyixce Laws.— 1753-54. 699

or having the same consigu'd to them, shall make a like entry thereof
with the commissioner aforesaid, and produce an invoice of all such
goods as pay ad valorem, and make oath before him in form following ;
viz'., —

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

— which oath the commissioner or receiver is hereby impowered and
directed to administer ; and the owners aforesaid shall pa}^ the duty of
impost by this act required, before such wines, liquors, goods, wares or
merchandize be landed or taken out of the vessel in which the same
shall be imported,

[Sect. 7.] And no wines, liquors, goods, wares or merchandize that
by this act are liable to pay impost or dut}^ shall be landed on any
wharffe, or into any warehouse or other place, but in the daj'time only,
and that after sunrise and before sunset, unless in the presence and
with the consent of the commissioner or receiver, on pain of forfeiting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessel out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] And if any person or persons shall not have and produce
an invoice of the quantitys of rum or liquors to him or them con-
sigu'd, then the cask wherein the same is, shall be gauged at the
charge of the importer, that the contents thereof may be known.

And he it further enacted,

[Sect. 9.] That the importer of all wines, liquors, goods, wares and
merchandize, within one year from and after the publication of this act,
b}'' land-carriage, or in small vessells or boats, shall make report and
deliver a manifest thereof to the commissioner aforesaid or his deputy,
therein particularly expressing the species, kind and quantit}' of all
such wines, liquors, goods, wares and merchandize so imported, with
the marks and numbers thereof, when, how and by whom brought ; and
shall make oath, before the said commissioner or his deputy, to the truth
of such report and manifest, and shall also paj- the several dutys afore-
said by this act charged and chargable upon such wines, liquors, goods,
wares and merchandize, before the same are landed, housed or put into
an}' store or place whatever.

And he it farther enacted,

[Sect. 10.] That every merchant or other person importing any wines
into this province, shall be allowed twelve per cent for leakage : pro-
vided, such wines shall not have been filled up on board ; and that
ever}' hogshead, butt or pipe of wine that hath two-thirds thereof leak'd
out, shall be accounted for outs, and the merchant or importer to pa}'
no duty for the same. And no master of any ship or vessel shall
suffer any wines to be fill'd 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 for-
feiting the sum of one hundred pounds.

[Sect. 11.] And if it may be made to appear that any wines im-
ported in any ship or vessel be decayed at the time of unloading thereof,
or in twenty days afterwards, oath being made before the commis-
sioner or receiver that the same hath not been landed above that time,
the duties and impost paid for such wines shall be repay'd unto the
importer thereof.

And he it further enacted,

[Sect. 12.] That the master of every ship or vessel importing any

700 Peovixce Laws.— 1753-54. [Chap. 11.]

wines, liquors, goods, wares or merchandize, shall be liable to and shall
pay the impost for such and so much thereof, contain'd in his manifest,
as shall not be duly enter'd, nor the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consign'd. 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 and
merchandize imported in any ship or vessel, until he receives a cer-
tificate, from the commissioner or receiver of the impost, that the duty
for the same is paid, and until 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 entered, unto the commissioner or
receiver of the impost in such port, or his order, who is hereby impowered
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 such master shall direct.

And be it further enacted,

[Sect. 13.] That the commissioner or 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 of 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 enter'd and the duty of impost therefor not paid. And whei'e
any goods, wares or merchandize are sucli as that the value thereof is
not known, whereby the impost to be recovered of the master, for the
same, cannot be ascertain'd, the owner or person to whom such goods,
wares or merchandize are or shall be consign'd, 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 he it farther enacted,

[Sect. 14.] That the ship or vessel, with her tackle, apparrell and
furniture, the master of which shall make default in anything by this
act required to be perform'd 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 such
wines, liquors, goods, wares and merchandize not entree! as aforesaid ;
and, upon judgment recovered against such master, the said ship or ves-
sel, with so much of the tackle or appurces thereof as shall be sufficient
to satisfy said judgment, ma}' be taken into execution for the same ; and
the commissioner or receiver of the impost is hereb}' impowered to make
seizure of the said 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 of impost ; to the intent, if judgment
be rendered for the prosecutor or informer, such ship or vessel and
appurces may be expos'd to sale, for satisfaction thereof, as is before
provided : unless the owners, or some on their behalf, for the releasing of
such ship or vessel from under seizure or restraint, shall give sufficient
security unto the commissioner or receiver of impost that seiz'd the
same, to respond and satisfy the sum or value of the forfeitures and
duties, with charges, that shall be recover'd against the master thereof,
upon such suit to be brought for the same, as aforesaid ; and the master
occasioning such loss or damage unto his owners, through his default
or neglect, shall be liable unto their action for the same.

And be it further enacted,

[Sect. 15.] That the naval officer within any of the ports of this
province shall not clear or give passes to any master of an}' ship or
other vessel, outward bound, until he shall be certified, by the commis-

[1st Sess.] _ Province Laws. — 1753-54. 701

sioner or receiver of the impost, that the duty and impost for the goods
last imported in such ship or vessel are paid or secured to be paid.

[Sect. 16.] 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 dis-
cretion of the commissioner or receiver, not exceeding three per cent
of the lading ; and the duties payable by this act for such wines and
liqiiors, in such bills of stores mentioned and expressed, shall be abated.

And for the more effectual preventing any wines, rum or other dis-
till'd spirits being brought into the province from the neighbouring
governments, b}' land, or in small boats or vessells, or any other way,
and also to prevent wines, rum or other distill'd spirits being first
sent out of this province, to save the duty of impost, and afterwards
brought into the government again, —

Be it enacted,

[Sect. 17.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impowered and enjoyned to, ap-
point one suitable person or persons as his deputy or deputys, in all
such places in this province where it is likely that wine, rum or other
distill'd spirits will be brought out of other governments into' this ;
which officers shall have power to seize the same, unless the owner shall
make it appear that the duty of impost hath been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distilled spirits brought or relanded in this govern-
ment, where the duty is not paid as aforesaid, and to seize and secure
the same for the ends and uses as in this act is hereafter provided.

And be it further enacted,

[Sect. 18.] That the commissioner or his deputys shall haA^e full
power to administer the several oaths aforesaid, and to search in all
suspected places for all such wines, rum, liquors, goods, wares and
merchandize as are brought into this province, and landed contrary to
the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

And be it further enacted,

[Sect. 19.] That there shall be paid, by the master of every ship or
other vessel, coming into any port or ports of this province, to trade
or traffick, whereof all the owners are not belonging to this province
(except such vessels as belong to Great Britain, the provinces or
colonies of Pensylvania, West and East Jersey, Connecticut, New
York, New Hampshire and Rhode Island), every voyage such ship or
vessel doth make, one pound of good pistol-powder for every ton such
ship or vessel 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 re-
ceiver of the dutys of impost, to be employ'd for the ends and uses
aforesaid.

[Sect. 20.] 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 tunnage 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 shall be cleared,
in case she shall appear to be of a 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 certifyed,

702 Province Laws.— 1753-54. [Chap. 11.]

also, by the commissioner, that the duty of tannage 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. 21.] That when and so often as any wine or rum imported
into this province, the duty of impost upon which shall have been paid
agreeable to this act, shall be reshipp'd and exported from this govern-
ment to any other part of the world, that then, and in every such case,
the exporter of such wine or rum shall make oath, at the time of ship-
ping, before the receiver of impost, or his deputy, that the whole of the
wine or rum so shipped has, bond Jide, had the aforesaid duty of impost
paid on the same, and shall afterwards produce a certificate, from some
officer of the customs, that the same has been landed out of this govern-
ment,— or otherwise, in case such rum or wines shall be exported to any
place where there is no officer of the customs, or to any foreign port,
the master of the vessell in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, upon producing such certificate, or upon such oath
of the master, make oath that he verily believes no part of said wines or
rum has been relanded in this province, — such exporter shall be allowed
to draw back from the receiver of impost as follows ; viz'., —

For every pipe of Western-Island wine, twenty shillings.

For every pipe of Madeira and other sorts, twenty -two shillings.

And for every hogshead of rum, eighteen shillings.

Provided, always, —

[Sect. 22.] That if, after the shipping any such wine or rum to be
exported as aforesaid, and giving security as aforesaid, in order to obtain
the draw-back aforesaid, the wine or rum so shipped to be exported, or
any part thereof, shall be relanded in this province, or brought into the
same from any other province or colony, that then all such rum and
wine so relanded and brought again into this province, shall be forfeited
and may be seized by the commissioner aforesaid, or his deputy.

And be it further enacted,

[Sect. 23.] That there be one fit person, and no more, nominated
and appointed by this court, as a commissioner and receiver of the
aforesaid dutys of impost and tunnage of shipping, and for the inspec-
tion, care and management of the said office, and whatsoever thereto
relates, 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, or 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 as aforesaid 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 entrys and duties arising by virtue of this act ; also, a particular
account of every vessel, so that the duties of impost and tunnage aris-
ing on the said vessel may appear ; and the same to ly open, at all
seasonable times, to the view and perusal of the treasurer or 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 monies as shall be in his hands, as the
treasurer or receiver-general shall demand it. And the said commis-
sioner or receiver and his deputy or deputys, before their entring upon
the execution of their office, shall be sworn to deal truly and faithfully
therein, and shall attend in said office from ten of the clock in the
forenoon, until one in the afternoon.

[Sect. 24.] And the said commissioner and receiver, for his labor,

[1st Sess.] Peovince Laws.— 1753-54. 703

care and expences in the said office, shall have and receive, out of the
province treasury, the sum of sixty pounds per annum ; and his deputy
or deputys to be paid for their service such sum or sums as the said
commissioner and receiver, with the treasurer, shall agree upon, not
exceeding four pounds per annum, each ; and the treasurer is hereby
ordered, in passing and receiving the said commissioner's accounts, ac-
cordingl3% to allow the paj^ment of such salary or salary's, as aforesaid,
to himself and his deputy's.

And be it further enacted,

[Sect. 25.] That all penaltys, fines and forfeitures accruing and
arising by virtue of anj' breach of this act, shall be one half to his maj-
esty for the uses and intents for which the afore-mentioned dutys 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.

And be it further enacted,

[Sect. 26.] That from and after the publication of this act, in all
causes where any claimer shall appear, and shall not make good the «

claim, the charges of prosecution shall be born and paid by the said
claimer, and not bv the informer. [^Passed June 15 ; published June
23.

704

Peovince Laws.— 1753-54. [Chap. 12.]

ACTS

Passed at the Session begun and held at Boston,
ON the Fifth day of September, A. D. 1753.

CHAPTEK 1-2.

Divers inbabi-
tants set oflf
from Salem to
Beverly.

Money to be
paid by Salem
to Beverly.

Part of Salem
tax set to
Beverly.

Charge of high-
ways to be borne
by "Beverly.

AN ACT FOR SETTING OFF THE INHABITANTS, AS ALSO ESTATES OF
THE PROPRIETORS, OF THAT PART OF THE PRECINCT OF SALEM AND
BEVERLY, SO CALLED, WHICH IS PART OF SALEM, TO THE TOWN OF
BEVERLY.

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

[Sect. 1.] That all the inhabitants, with their estates and the es-
tates of the proprietors of that part of said precinct which is part of
Salem, by the same bounds as it was heretofore set off to make the pre-
cinct of Salem and Beverly, be and hereby are set off and annexed
to the town of Beverl}-, and made part and parcel thereof, to do dut}'
and receive privile[d]ges therein, for the future, with the rest of the in-
habitants of the said town of Beverly.

Be it further enacted,

[Sect. 2.] That the sum of thirteen pounds six shillings and eight-
pence, allowed by the town of Salem to the aforesaid inhabitants and
proprietors, agreable to the vote of said town on the nineteenth day of
March last, shall be paid into the treasury of the town of Beverly for
the use and service of said town.

Be it farther enacted,

[Sect 3.] That one-tenth part of the province tax, which, according
to the last valuation, was set upon the town of Salem, shall hereafter be
taken off from the town of Salem and laid upon the town of Beverly ;
and the treasurer of the town of Beverly shall pay into the treasury
of the town of Salem one-tenth part, likewise, of the sum of the prov-
ince tax set on the town of Salem the current year ; being the said in-
habitants' and proprietors' proportion of said tax.

And he it further enacted,

[Sect. 4.] That all charges for repairing the highways in Salem part
of said precinct, or otherwise, since the nineteenth day of March last,
shall be born[e] and paid by the town of Beverly, and assessed on the
estates and inhabitants there accordingly ; and the inhabitants of that
part of said precinct shall be exempted from paying any taxes in the
town of Salem, for province, count}^ or town charges, from and after
the said nineteenth day of March last. \_Passed in the Council, — with
amendments, agreed to, the same day, by the Representatives, — Septem-
ber 11.*

* This is the only record that has been discovered respecting the date of passage of this
act. The date of publication has not )>ccn found.

[2d Sess.] Peovixce Laws. — 1753-54. 705

CHAPTEE 13.

AN ACT TO' APPOINT COMMISSIONERS TO EXAMINE INTO THE BOUND-
ARY-LINE OR LINES BETWEEN THIS GOVERNMENT AND NEW YORK,
AND TO TREAT WITH THE COMMISSIONERS APPOINTED'BY THE COL-
ONY OF NEW Y'ORK RESPECTING THE SAME.

Whereas disputes of late have arisen with respect to the right of soil Preamble.

and jurisdiction of the lands which lie west of and near to the towns of

Sheflield and Stockbridge, and encroachments have been made upon the

lands of this province, —

Be it enacted by the Governour, Council and House of Representatives, Commissioners
That Samuel Welles, Esq., John Chandler, Esq., Thomas Hutchin- seuiTthebound-

son, Esq., James Otis, Esq., and Oliver Partridge, Esq., be and hereby aiy ^itiiXew

-i-j ■ • 4. • -i 4.U u 1 T , -^ ^ ork govern.

are appointed commissioners to examine into the boundary lines be- ment.
tween this province and New York ; and they are hereby authorized
and directed to repair to the town of Middleton, in the colony of Con-
necticut, upon the fifteenth day of November next, then and there to
meet with commissioners appointed by the government of Nfew York
for the same purpose, or to meet at such other time or at such other
place in said colony as shall be mutually agreed upon between the com-
missioners aforesaid ; and the said Samuel Welles, Esq., John Chand-
ler, Esq., Thomas Hutchinson, Esq., James Otis, Esq., and Oliver Part-
ridge, Esq., or the major part of them, are hereby fully authorized and
impowred to treat with the said commissioners from New York, and to
receive such proposals as they shall make for settling the said boundary-
line, as likewise to pursue all such steps and methods, and to make such
other proposals to the said commissioners from New York, as to them,
the said Samuel Welles, John Chandler, Thomas Hutchinson, James
Otis and Oliver Partridge, or the major part of them, shall seem most
advisable, in order to procure a speedy and legal settlement of the
boundary aforesaid : provided, ahvays, that no such proposed settlement Proviso,
shall actually be made by the said commissioners, but the same shall be
reported by them to the general assembl}^ of this province. [^Passed
/September 13 ; published September 22.

CHAPTER 14.

AN ACT TO IMPOWER THE PROPRIETORS OF THE MEETING-HOUSE IN
THE FIRST PARISH IN SALEM, WHERE THE REVEREND MR. DUDLEY
LEAVITT NOW OFFICIATES, TO RAISE MONEY TO DEFREY MINISTE-
RIAL AND OTHER NECESSARY CHARGES.

Whereas the raising of monej' for defreying ministerial charges, in Preamble.
the First Parish in Salem, by an assessment or tax on polls and estates
in said parish, is, under its present circumstances, attended with many
difficulties and inconveniences, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,

[Sect. 1.] That the proprietors of the meeting-house in said First Proprietors of
Parish in Salem, in which the Reverend Mr. Dudley Leavitt officiates, Lcaviu's'mcct-
be and hereby are alloAved and impowred to raise, by an assessment or ing-house to lay
tax on the pews in said meeting-house, such sum or sums as shall be &^? onpe^s.

706

Province Laws. — 1753-54.

[Chap. 15.]

Pews to be

valued and
assessed.

agreed upon by the proprietors, or the major part of such of them as
shall be assembled at any legal meeting called for that purpose, for the
defreying the ministerial and other incidental charges ; the first meeting
of such proprietors to be called agreable to the direction of the act
made and passed in the eighth and ninth years of his present majesty's
1735.36, chap. 5, rclgu, lutitlcd " An Act directing how meetings of proprietors in
^^" wharves or other real estates besides lands may be called."

And to the intent that such tax or assessment may be equitably made
and duly collected, —
Be it further enacted,

[Sect. 2.] That the proprietors of the said meeting-house be, and
hereby are, impowred to cause the pews in the said meeting-house to be
valued according to the convenience of said pews and their scituation,
and to put a new estimate on the pews, from time to time, as shall be
found necessary, and to determine how much each pew, or part of a pew,
shall pay towards defreying the charges aforesaid, and the time and
Collectors to be manner in which the same shall be paid ; and appoint a collector or col-
appointed. lectors to collcct the sum or sums so agreed to be rais'd, who shall be
sworn to the faithful discharge of his or their said trust ; and if any
proprietor or owner of a pew in the said meeting-house shall neglect or
refuse to pay the sum or sums assessed thereon, after having twenty
days' notice thereof given him by the collector or collectors, the propri-
etors of the said meeting-house shall be, and hereby are, impowred, by
Pews to be sold, thcmsclves or by their committee, to sell or dispose of the pew of such
in case. delinquent, according to the valuation thereof as aforesaid, and, with

the money rais'd by such sale, to pay the assessment or tax on said pew
remaining unpaid, together with the charges arising on the sale ; the
overplus, if any there be, to be returned to the owner thereof.
Provided, nevertheless, —

[Sect. 3.] That when the owner of any pew shall make a tender of
the same to the proprietors, or to their committee, at the valuation
aforesaid, and they shall refuse or neglect to accept the same, no sum
shall be deducted out of the sale of said pew but such only as shall
have become due before the making of such tender.

[Sect. 4.] This act to continue and be in force for the space of
three years from the publication of the same, and no longer. \_Passed
September 14 ; published September 22.

Limitation.

CHAPTER 15.

AN ACT IN ADDITION TO AN ACT INTITLED " AN ACT FOR ENCOUR-
AGING THE KILLING OF WOLVES, BEARS, WILDCATS AND CATA-
MOUNTS WITHIN THIS PROVINCE."

Preamble. Whereas the number of wolves and other beasts of prey are very

1745-46, chap. 5. jm^c^j incrcascd in many parts of this province, and the encouragement
i7oo-oi, chap. 4. .^^ ^y -^^^ ^Q^, (destroying them has failed of answering the proposed

design, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,
Premium for [Sect. 1.] That, fot the futuTC, whosocvcr shall, duriug the contiu-

ca'tamortsiand uaucc of tlils act, kill any wolves, catamounts or wildcat[i]s within this
wildcats. province, they shall be intitled to the following premiums out of the

publick treasury ; that is to say, for every such grown wolf of one year
old, four pounds ; for every wolf's whelp, under one year old and not

[2d Sess.] . Province Laws.— 1753-54. 707

taken out of the belly of a wolf, forty shillings ; for every cat[t]a-
mount, four pounds ; for every cat [t] amount's whelp, under one year
old, not taken out of the belly of a catamount, forty shillings ; for
every grown wildcat, ten shillings ; for every wildcat's whelp, under a
year old as aforesaid, five shillings.

And be it further enacted^

[Sect. 2.] That the method of proof of the killing of such beast[s], Method of
and the same process for obtaining such premium, shall be had by this ^^°^^'
act as is appointed by the aforesaid act.

[Sect. 3.] This act to be in force three years from the twentieth Limitation.
day of October, one thousand seven hundred and fifty-three, and no
longer. \^Passed to be engrossed September 11*; published September
22.

* The engi'ossment of this act not having been found, the above date, from the records,
is the nearest item that could he discovered indicating the date of passage.

^08 Province Laws.— 1753-54.. [Chap. 16. J

ACTS

Passed at the Session begun and held at Boston,
ON THE Fourth day of December, A. D. 1753.

CHAPTEK 16.

AN ACT TO INCORPORATE WILLIAM STARKEY AND OTHERS, BY THE
NAME OF THE MARINE SOCIETY.

Preamble. Whereas a considerable number of persons that are or have been

masters of vessel [l]s, have for many years past associated themselves in
the town of Boston ; and the principal ends of said society are to im-
prove the knowledge of this coast, by their several members', upon their
arrival from sea, communicating their' observations, inwards and out-
wards, of the variation of the needle, the sounding^, courses [and]
distances, and all other remarkable things about it, in writing, to be
lodged with the societ}' ; to make the navigation more safe, and to re-
l[ei][ie]ve one another and their families in povert}', or other accidents
in life which they are more particularly liable to ; and for this end they
have rais[e]'d a considerable common stock, out of which they have
from time to time contributed largely to the aforesaid purposes ; and
finding themselves under difficulties and discouragements in preserving
the designs of their institution [s] without an incorporation, have, by
their committee, petitioned to this court to be incorporated for the afore-
said purposes ; and tvJiereas their intention appears laudable and de-
serving encouragement, —

Be it therefore enacted by the Governour^ Council and House of Rep'
resentatives,
Names of the [Sect. 1.] That William Starkey, Edward Cahill, Isaac Freeman,
Marinrsodety! Richard I-Iumphr[e]ys, Edward Fryer, Moses Bennet, Jonathan Clarke,
John Cullom, Joseph Prince, John Graham, Abraham Eemmick, James
Collingwood, John Church, Malachia Salter, John Cowley, John Jones,
William Ellery, Adam McNeal[e], Thomas Oliver, Joshua Loring,
Richard Wait, Nathaniel Howland, Francis Wells, Esq'^'^., Abraham
Hammett, Francis Ingraham, Samuel Coverly, William Sharrad, Roger
Passmore, Mat[i]hew West, Thomas Allison, William Orne, James
Hodges, Jonathan Bennet, Jonathan Fuller, Jeremiah Rogers, William
Hutchinson, Benjamin Hallowell, Jun^^"^^., Joseph Inches, James Gould,
Simon Tufts, Samuel Tufts, Giles Tidmarsh, Lewis Turner, Samuel
Wells, William Ward, Daniel McCarty, Job Prince, James Hatch,
Waffe Rand, Charles Giles, Peter Oliver, William Rhodes, David
Baschard, William Eggleston, George Briggs, John Bradford, John
Cathcart, Christopher Gardner, Henry Aitkon, James Clarke, Joseph
Dummet, Thomas Auston, James Belson, William Gowen, Nehemiah
Robbins, Henry Bethune, James Clouston, Jonathan Waldo, William
Coffin, Andrew Craige ; Samuel Gallop, Nathanael Patten, Richard
Mower, Jonathan Snelling, Philip Lewis, William Bathaw, James

[3d Sess.] Provixce Laws.— 1753-54. 709

Kirkwood, "William Gorden, Thomas Mitchell, Thomas Potts, John

Phillips, John Simpson, Jun^., Abraham Francis, Patrick James,

Nathanael Williams, Thomas Adams, John GafFuey, Edward Emerson,

Joseph Trout, the members of said society, be incorporated and made

a body politick for the aforesaid purposes, by the name of the " Marine

Society, at Boston, in New England" ; and that they, their associates Marine Society

and successors, have perpetual succession by said name ; and have a p"oi^'ted!" "^'^'^'^"

power of making by-laws, for the preservation and advancement of said

body, not repugnant to the laws of the government, with penalties

either of disfranchisement from said societj-, or of a mulct not exceeding

twenty shillings, or without penalties, as it shall seem most meet ; and

have licence to make and appoint their common seal ; and be liable to

be sued, and enabled to sue, and make purchases, and take donations

of real and personal estates, for the purposes aforesaid, not exceeding

the sum of five hundred pounds per annum, and to manage and dispose

said estate as shall seem fit : and said society shall have a master,

deputy master, treasurer and clerk, and other oflScers they shall think

proper.

And be it further enacted.,

[Sect. 2.] That the said Marine Society shall, on the first, second, Regulation of
third and fourth Tuesdays of February next, assemble to appoint their ^^'"^ meetings.
first master, deputy master, treasurer and clerk, and other officers they
shall think proper, and their seal, and make by-laws ; and said officers
shall continue till the first Tuesday in November next, on which day
the said Marine Society shall meet, and annually, afterwards, on said day
of the month of November, at Boston, to chuse a master, deputy master,
treasurer and cferk, and other officers they shall think proper, and to
make, alter and annul their by-laws ; and if, by reason of any emergency, Matters to be
the business of said annual assembly cannot be compleated on the said acted."^ ''^^"^'
day, they may adjourn, once, to a short day, to finish it, and no more ;
and said society shall meet at said Boston on the first Tuesday of every
month for all other business ; and whenever any of the officers of said
society shall die, or be disabled or remove out of the government, others
shall be appointed or elected in their room at the next meeting : and
all instruments which said society shall lawfully make shall, when in
the name of said societ}', and pursuant to the votes thereof, and signed
and delivered by the master, deputy master, treasurer and clerk, and
such other officers and persons as the said society shall appoint, and
sealed with their common seal, bind said society and be valid in law.
And the commander-in-chief of this province is hereby authorized to give The governor
a charter of incorporation, under the province seal, to the aforenamed |?ln'tldbarter.
persons and their associates accordingly. \_Passed January 25, 1754.

CHAPTER 17.

AN ACT IN ADDITION TO AN ACT [I][£]NTITLED "AN ACT IMPOWERING
JUSTICES OF THE PEACE TO DECIDE DIFFERENCES NOT EXCEEDING
FORTY SHILLINGS."

"Whereas, in and by an act made and passed in the ninth year of his Preamble.
late majesty King William the Third, impowering justices of the peace i697, chap. s.
to decide differences not exceeding forty shillings, it is, among other
things, provided, that all justices shall keep fair records of all their pro-
ceedings, from time to time ; but no provision is therein made, in case
of a justice's death, for executing a judgment, given and recorded by
him, which remains unsatisfied at the time of his decease, —

710

Province Laws.— 1753-54. [Chap. 18.]

Writ of scire
facias to be
iBsued on the
judgment of a
deceasedjustice.

Persons having
such judgments
in keeping, to
deliver an at-
tested copy.

Penalty for
neglect or
refusal.

1703-4, chap. 12,
§4.

Justices of the
peace empow-
ered to issue
such writs of
scire facias.

Be it therefore enacted by the Governoiir, Council and House of Rep-
resentatives,

[Sect. 1.] That where judgment is or shall be given by a justice of
the peace, in any civil action of which bj' law he had cognizance, and a
fair record thereof made by him, if the same remains unsatisfied at the
time of his decease it shall and may be lawful [1] for any justice of the
peace of the same county, upon application made to him by the party
who recovered the judgment, to issue out a writ[t] of scire facias
thereon, returnable to himself in seven days ; and upon the debtor's de-
fault of appearance, or not shewing just cause to the contrar}^, the same
justice may award execution of such judgment, returnable to himself in
thirty days, and likewise award reasonable costs on the scire facias :
X>rovicled, that no writ[t] of scire facias shall be granted as aforesaid,
unless application be made therefor within twelve months after the
decease of the justice before whom the judgment was recovered.

And be it further enacted,

[Sect. 2.] That any person who hath in his or her keeping the rec-
ords of a deceased justice, being requested by the party who hath a
judgment there entered as aforesaid, and being tendered a reasonable
sum for his or her time and trouble, shall, without delay, deliver an at-
tested copy of such records to the person requesting the same, which
cop3", certified on oath, shall be received and accounted as sufficient evi-
dence as if the justice was then living ; and if he or she shall neglect
it [for] \hy'] the space of three days, he or she shall, for his or her neg-
lect, forf[ie][ei]t the sum of three pounds, to the use of the part}''
ag[(7]r[ei][fe]ved, to be by him recovered in an action of debt in any of
his majesty's courts of record.

And lohereas, in and by an act made and passed in the second year of
the reign of her late majesty Queen Anne, entitled " An Act relating to
executors and administrators," provision is made, in case of waste, for
awarding execution against an executor or administrator, of his own
proper goods or estate, on a scire facias, to be issued out of the clerk's
office of the same court where judgment has been recovered against the
estate of a testator or intestate ; but no provision hath been made in like
cases cognizable before a justice of the peace, —

Be it therefore further enacted,

[Sect. 3.] That, in all such cases, it shall and maybe lawful[l] for
a justice of the peace to issue out a writ[t] of scire facias, and award
execution thereupon, in like manner as may be done in any court of
record by vertue of the provision in the act last mentioned. [^Passed
January 25, 1754.

CHAPTER 18.

AN ACT FOR THE MORE EASY RECOVERING THE CHARGES THAT AT-
TEND THE PARTITION AND SETTLEMENT OF REAL ESTATE [S], AND
TO CAUSE- THE PERSONS INTERESTED IN SUCH ESTATE [S] TO BE
DULY NOTIFIED BEFORE PARTITION BE ORDERED.

Warrant of
distress to he
issued on per-

Whereas it sometimes happens that some of the persons interested
in real estates refuse to Y>a.y their rateable proportion of the necessary
charge which attends the dividing or set [i] ling the same, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,

[Sect. 1.] That when and so often as partition shall be made of any
real estate l)y the rules of the common law, and when and so often as

[3d Sess.] Pkovixce Laws.— 1753-54. 711

any real estate shall be set[i]led or divided agreable to the special pro- sons refuHing to
vision made bj' the laws of this province, in an}' and every such case, ^hcdiluwaot
when any one or more of the parties interested shall neglect or refuse estates.
to pay their just proportion of the charge which may attend such division
or settlement, it shall and may be lawful for the court by which such
division or settlement shall be made, to issue forth a warrant of distress
against any delinquent or delinquents interested as aforesaid : provided, Proviso.
an account of such charge be first laid before the said court, and the
just proportion of the persons interested setled and allowed, they hav-
ing been duly notified to be present at such settlement or allowance if
they see cause.

And be it further enacted,

[Sect. 2.] That when and so often as any petition shall be pre- Superior court
fer[r]'d to the justices of the superiour court to order partition of any so"s°concemed
real estate held in common and undivided, the said justices shall not |^f^|.^je*if''*
proceed to order such partition until[l] it shall be made appear to them
that the several persons interested in such estate, and living within this
province, or the attorneys of such as are absent and have attorneys
residing within this province, have been duly notified of such petition
and have had opportunity to make their exception to the granting the
same. \_Passed January 25 ; published January 26, 1754.

CHAPTEK 19.

AN ACT IN ADDITION TO AN ACT MADE IN THE FIFTH YEAR OF HER
LATE MAJESTY QUEEN ANNE, ENTITLED " AN ACT FOR A NEW
CHOICE OF TOWN OFFICERS ON SPECIAL OCCASIONS."*

"Whereas, in and by said act, it is provided that in case of the non- Preamble,
acceptance, death or removal of any person chosen to office in any of iToe-v, chap. 3,
the towns in this province at their annual meeting in March, the said
towns may, upon due warning given, and notice of the occasion, chuse
any officer or officers to fill up such vacancy ; but by said act no pro-
vision is made respecting precincts, from which inconvenienc[^■Jes have
often happened, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentl^ati^ves,

That from and after the tenth day of January next, the several pre- Precincts to
cincts within this province shall have and enjoy the same power and poweMn choos.
privileges in the chusing any officer or officers, where such vacancy hap- '"s officers, that

*■ " o •/ ' »/ X towns have

pens in them, as towns, by law, are invested with. \_Passed January
25 ; published January 26, 1754.

CHAPTER 20.

AN ACT IN ADDITION TO AN ACT [I][£]NTITLED «AN ACT AGAINST
DIMINISHING OR COUNTERFEITING MONEY."

Whereas, in and by an. act made and pass[e]'d in the twenty-third Preamble. •
year of his present majesty's reign, [i] [e] ntitled " An Act against dimin- 1749-50, chap. 22.

* There was no act bearing this title ; the chapter referred to in the margin is undoubtedly
the act intended.

712

Pkovince Laws. — 1753-54. [Chap. 21.]

Persons con-
Ticted for coun-
terfeiting or
diminishing
money to be
Bold, in case.

ishing or counterfeiting money," it is, among other things, provided,
that when any person shall be convicted, of any of the offences therein
mentioned, at the superiour court of judicature, court of assize and
general goal delivery, every such person shall be fined at the discretion
of the said court ; and whereas it sometimes happens that such offender
is not able to pay the adjudged fine, or so much as the costs of prose-
cution,—

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

That when any person shall be convicted as aforesaid, and thereupon
sentenced by the said court to pay a fine, if such offender shall be
unable, or shall refuse, to pay the same together with the costs of pros-
ecution, the sheriff of the county where such offender shall have been
so convicted, shall be and hereby is impow[e]red to dispose of said
offender, in service, to any of his majesty's sulijects, for such term as
shall be assigned by the court aforesaid, not exceeding the space often
years ; and the sheriff shall pay the money thereby raised, into the pub-
lick treasury, having first deducted so much as shall be necessary to
pay the cost[s] of prosecution. [Passed January 25 ; published Janu-
ary 26, 1754.

CHAPTER 21.

AN ACT FOE. INCORPORATING THE PLANTATION CALLED BEDFORD, IN
THE COUNTY OF HAMPSHIRE, INTO A SEPERATE DISTRICT BY THE
NAME OF GRANVILLE.

Preamble.

Bounds of
Granville
District.

Whereas it is represented to this court that the inhabitants of said
plantation labour under great difficulties and inconvenienc[t]es,by rea-
son of their not being invested with the privileges of a district ; there-
fore,—

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

[Sect. 1.] That the whole of the tract of land in the county of
Hampshire, called Bedford, bounding as follows ; vizW., beginning at a
large heap of stones at the southeast corner of said tract, on the line
of the colony of Connecticut, thence running no[r(f7i], 10 degrees east,
448 perch, to a pine tree, marked; thence north, 17 degrees west, 90
perch; thence no [r?/i], 160 perch; thence north, 35 degrees east, 123
perch ; thence north, 24 degrees east, 210 perch, to a heap of stones
over Man's Brook ; thence north, 4 degrees east, 200 perch, to a heap of
stones with a chestnut staddle, marked ; thence north, 11 degrees' west,
164 perch, to a large heap of stones ; thence north, 200 perch, to the
northeast corner of the said tract, being two small chestnut staddles,
marked, with stones about them ; from thence west, 22 degrees north,
916 perch, on Westfield line, to the southeast corner of Blan[d]ford,'
being a birch-tree, marked, on the bank of a brook ; thence on said
Blan[d]ford line, west, 20 degrees no[r^/i], 2,240 perch, to the south-
west corner of said.Blan[d]ford ; thence the same course, 660 perch, to
a hemlock tree, marked, with stones about it, on the west branch of
Farmington river, and is the northwest corner of said tract ; from
thence, bounding on said west branch of Farmington river, as the same
runs, to a great hemlock tree at the colony line, being the southwest
corner of said tract ; from thence, on the said colony line, east 9 de-
grees, south 3,220 perch to the first station ; be and hereby is erected

[3d Sess.] Province Laws. — 1753-54. 7X3

into a distinct and seperate district by the name of Granville ; and Privileges.
that the inhabitants thereof be and hereby are invested with all the
powers, privileges and immunities that towns in this province by law
do or may enjoy ; that of sending a representative to represent them at
this court only excepted.

Provided, —

[Sect. 2.] That nothing in this act shall be understood, or so con- Proviso.
strued, as in any manner to superceed or make void an}- order or orders
of this court now in force, respecting the method of making assess-
ments within said plantation ; but that the same shall remain and be as
effectual as if this act had not been made.

And be it further enacted,

[Sect. 3.] That John "Worthington, EsqW., be and hereby is im- Power for caiu
pow[e]red to issue his warrant to some principal inhabitant of the said '°s » 'oeeung.
plantation, requiring him in his majesty's name to warn and notify the
said inhabitants, qualified by law to vote in town affairs, that they meet
together at such time and place, in said plantation, as b}^ said warrant
shall be appointed, to chuse such ofHcers as may be necessary to man-
age the affairs of said district ; and the said inhabitants being so met,
shall be and hereby are impovv[e]red to chuse such officers accordingly.
[^Passed January 25 ; published January 26, 1754.

CHAPTER 22.

AN ACT FOR ERECTING THE NORTH PARISH, IN THE TOWN OF SUN-
DERLAND, INTO A SEPERATE DISTRICT, BY THE NAME OF MON-
TAGUE.

Be it enacted by the Governour, Council and House of Representatives, Bounds of
[Sect. 1.] That the said north parish in Sunderland, bounding as Di°tri\ft?^
follows : to begin at Connecticut river, twenty I'ods north of the mouth
of Slate-stone brook, from thence, east, to the east side of the town
bounds ; thence, on the line of the said town, to the northeast corner of
the town bounds, and from thence, north, to Miller's river ; from thence,
westerl}', b}^ Miller's river, to the mouth thereof where it enters into
Connecticut river ; and from thence, by Connecticut river, unto the first-
mentioned bounds ; — be, and hereby is, erected into a seperate district
by the name of Montague ; and that the said district be, and hereby is, Privileges.
invested with all the privile[d]ges, powers and immunities that towns
in this province by law do or ma}^ enjo}', that of sending a representa-
tive to the general assembl}' only excepted ; and that the inhabitants of
said district shall have full power and right, from time to time, to join
with the said town of Sunderland in the choice of a representative ; in
■which choice they shall enjoy all the privile[d]ges which by law they
would have been entitled to if this act had not been made ; and that the
said district shall, from time to lime, pay their proportionable part of the
expence of such representative, according to their respective propor-
tions of the province tax ; and that the said town of Sunderland, as
often as they shall call a meeting for the choice of a representative,
shall give seasonable notice to the clerk of said district, for the time
being, of the time and place of holding such meeting, to the end that
the said district may join them therein ; and the clerk of said district
shall set up, in some publick place in said district, a notification thereof
accordingly.

714

Province Laws. — 1753-54. [Chap. 23.]

Proviso.

Power for call-
ing a meeting.

Provided, nevertheless, —

And he it further enacted,

[Sect. 2.] That the said district shall pay their proportion of all
town, county and province taxes already set or granted to be rais[e]'d
on said town, as if this act had not been made.

And he it further enacted,

[Sect. 3.] That Elijah "Williams, EsqH., be and hereby is im-
pow[e]red to issue his warrant to some principal inhabitant in said dis-
trict, requiring him to notify and warn the inhabitants of said district,
qualified by law to vote in town affairs, to meet, at such time and place
as shall be therein set forth, to chuse all such officers as shall be neces-
sary to manage the affairs of said district. \_Passed January 25, 1754.

CHAPTER 23.

AN ACT FOR THE EFFECTUAL PREVENTING THE CURRENCY OF THE
BILLS OF CREDIT OF CONNECTICUT, NEW HAMPSHIRE AND RHODE
ISLAND, WITHIN THIS PROVINCE.

Preamble. Whereas, in and by an act made and pass'd in the twenty-second

1743-49, chap. 15, year of his present majesty's reign, entitled " An Act for drawing in
the bills of credit of the several denominations which have at any time
been issued by this government, and are still outstanding, and for
ascertaining the rate of coined silver in this province for the future,"
it is, among other things, enacted and declared, that from and after the
last day of March, one thousand seven hundred and fifty, until the last
day of March, one thousa'nd seven hundred and fifty-four, an oath shall
be required of certain persons and in certain cases in said act particu-
larly declared, of the form, following : —

Form of the
oath.

Persons chosen
into any office,
to talie said
oath.

You, A. B., do, in the presence of God, solemnly declare that you have not,
since the last day of March, 1750, wittingly and willingly, directly or indi-
rectly, either by yourself or any other for or under you, been concerned in
receiving or paying, within this government, any bill or bills of credit of
either of the governments of Connecticut, New Hampshire or Rhode Island.
So help you God.

— and whereas the said bills of credit still continue current within the
governments aforesaid, and have greatly depreciated in their value, and
are liable to depreciate still further, and it is of great importance to
the interest of the inhabitants of this province, and to the interest of
such of his majesty's subjects in Great Britain and elsewhere as have
trade and commerce here, that the currency of said bills should be
effectually prevented throughout this government, —

Be it therefore enacted hy the Governour, Council and House of Repre-
sentatives,

[Sect. 1.] That from and after the thirtieth day of March which
shall be in the 3'ear of our Lord one thousand seven hundred and fiftj--
four, every person who shall be chose to serve in any office in any of
the towns or districts or precincts of this province, shall, before his
entrance upon such office, take the following oath, to be administred
by a justice of the peace, or, where no justice of the peace shall be
present, by the town, district, or precinct, clerk, who is hereby impowred
to administer the same ; viz., —

[3d Sess.] Province Laavs. — 1753-54. * 715

You, A. B., do, in the presence of God, solemnly declare tliat you have not,
since the thirtieth day of March, 1754, wittingly and willingly, directly or
indirectly, either by yourself or any for or under you, been concerned in
receiving or paying, within this government, any bill or bills of credit of
either of the governments of Connecticut, New Hampshire or Rhode Island.
So help you God.

[Sect. 2.] And where any person, chosen as aforesaid, shall refuse Penalty in case
or neglect to take the oath aforesaid, on tendring the same, the town, take^saidoath.
district or precinct shall proceed to th,e choice of another person in his
room ; and where any person shall be elected by any town, district or
precinct into any office, to the non-acceptance or refusal whereof a
penalty is by law annexed, such person neglecting or refusing to take
the oath aforesaid shall be liable to the same penalty as is by law pro-
vided for the non-acceptance or refusal of such office.

And be it further enacted,

[Sect. 3.] That when any person shall be chosen to represent an}' Persons chosen
town within this province in the general court or assembly, such person [o^take^the^said
so chosen shall take the oath aforesaid ; and return shall be made by o^tii-
the selectmen, upon the back of the precept, that the person so chosen
has taken the oath required in the act made and passed in the twent}'-
seventh 3'ear of his majesty King George the Second, entitled "An 1753-54, chap. 23.
Act for the effectual preventing the currency of the bills of credit of
Connecticut, New Hampshire and Rhode Island within this province" ;
and if any person so chosen shall refuse or neglect to take the oath
aforesaid, such refusal or neglect shall be deem'd a refusal to serve as
a representative ; and the town shall proceed to the choice of another
person in his room.

And be it further enacted,

[Sect. 4.] That the oath aforesaid shall be administred to each of Councillors to
the members of his majesty's council, every year, at the same time when ^-''i^esauioath,—
the usual oaths required to be taken by the saicl members of his majes-
ty's council shall be administred ; and all officers, civil and military, and also aii
within this government, who shall be nominated or appointed, shall, ^j-far ' °"''' '''"'^
before they receive their respective commissions, take the oath afore-
said, and their respective commissions shall otherwise be void ; and all
persons elected into any office by the general assembly shall be deemed
not qualified to enter upon the execution of their respective offices until
they have taken the oath aforesaid.

And be it further enacted,

[Sect, 5.] That no execution shall be issued from the office of any The said oath to
clerk of any of the inferiour courts of common pleas, or of the supe- i^ssulngescxu^
riour courts of judicature, for any sum whatsoever, unless the plaintiff t'°"s on judg-
or plaintiffs, suing in his or their own right, and dwelling within this ° ^ ° *'°"' ^'
province, shall first take the oath aforesaid, to be administred by a jus-
tice of the peace, or b}' the clerk of the court from which such execution
shall issue ; and certificate thereof shall be made on such execution ;
and if any execution shall issue or go forth without such certificate, the
same shall be and is hereby declared to be void ; and no licence shall Tavemers, inn-
be granted to, nor any recognizance taken from, any taverner, innholder retailers to
or retailer, by the justices of any of the courts of sessions within this said oath.
province, until such taverner, innholder or retailer shall have taken said
oath in presence of the court, or certificate of his having so done, from
a justice of the peace, shall be presented to the court.

And be it further enacted,

[Sect. 6.] That for every oath administred as aforesaid by the
clerk of any court, he shall be allowed threepence, and for every cer-
tificate by him signed as aforesaid, threepence, and no more ; and the

d
take

71G

Peovixce Laws . — 1753-54.

[CiiAr. 24.]

Limitation.

cost and charge of such oath and certificate shall be added to the sum
in the execution required to be levied accordingly.

[Sect. 7.] This act to continue and be in force until the last day of
March which shall be in the year of our Lord one thousand seven hun-
dred and fifty-seven, and no longer. [Passed December 27, 1753 ; pub-
lished January 26, 1754.

CHAPTER 24.

AN ACT FOR SUPPLY OF THE TREASURY AVITH TEN THOUSAND POUNDS,
AND APPLYING THE SAME FOR THE DISCHARGE OF THE PUBLICK
DEBTS.

Preamble.
1753-54, chap. 10,
§11.

1751-52, chap. 16.

£10,000 to be
issued.

£3,400 for forts
and garrisons,
&c.

£700 for pro-
visions and
other commis-
sary stores.

£4,000 for
grants, Sec.

Whereas, in and by an act made and passed by this court at their
session in May last, entitled " An Act for the supply of the treasury,
&c.," there was the sum of twelve thousand four hundred pounds
ordered to be levied and assessed upon the towns and districts within
this province, eight thousand one hundred and fifty pounds of which
sum only has been appi'opriated for the payment of publick debts ; so
that, when the above-mentioned tax is received into the treasury, there
will be a surplusage of four thousand two hundred and fifty pounds ;
and loJiereas the moneys already in the treasury, received for lands, and
what is still due for lands and for the province galley, amount to the
sum of three thousand two hundred and fortj-one pounds twelve shil-
lings and sixpence, which money is not appropriated for any use what-
ever, which, with the surplusage arising by the tax aforesaid, make
seven thousand four hundred and ninety-one pounds twelve shillings
and sixpence ; and loliereas, by the provision made by this court in the
3'ear one thousand seven hundred and fiftj'-two, by a tax of eighteen
thousand six hundred pounds, and by the duties of impost and excise,
which were mortgaged for two years for the redemption of the govern-
ment securities redeemable the twentieth of January, one thousand
seven hundred and fiftj'-four, there will be a considerable surplusage in
the treasury after said notes are discharged ; wherefore, —

Be it enacted by His Excellency the Governour, Coieacil and House of
Representatives,

[Sect. 1.] That the said sum of seven thousand four hundred and
mnet5'-one pounds twelve shillings and sixpence, when received into the
treasury, as also the further sum of two thousand five hundred and
eight pounds seven shillings and sixpence, part of the suri)lusage that
will be in the treasury after the securities above mentioned are paid off,
making in the whole the sum of ten thousand pounds, shall be issued
in the manner and for the purposes following ; that is to say, the sum
of three thousand four hundred pounds, part of the aforesaid sum of
ten thousand pounds, shall be applied for the service of the several
forts and garrisons within this province, pursuant to such orders and
grants as are or shall be made by this court for those purposes ; and the
further sum of seven hundred pounds, part of the aforesaid sum of ten
thousand pounds, shall be applied for the purchasing of provisions,
comissary's necessary disbursements for the service of the several
forts and garrisons within this province, pursuant to such grants as
are or shall be made by this court for that purpose ; and the further
sum of four thousand pounds, part of the aforesaid sum of ten thousand
pounds, shall be applied for the payment of such premiums and grants
that now are, or hereafter may be made by this court ; and the further

[3d Sess.] Peovince Laws. — 1753-54. 71';

sum of three hundred pounds, part of the aforesaid sum of ten thousand ^^^'^ for debts
pounds, shall be applied for the discharge of other debts owing from this no cstabush-'^
province to persons that 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 them for that purpose, and for paper,
writing and printing for this court ; and the further sum of fifteen hun- £i,5ooforth9
dred pounds, part of the aforesaid sum of ten thousand pounds, shall membersf
be applied for the payment of his majesty's council and houSe of
representatives, serving in the general court during the several sessions
for this present year.

And ivhereas there are sometimes contingent and unforeseen charges
that demand prompt pay, —

Be it further enacted,

[Sect. 2.] That the sum of one hundred pounds, the remaining
part of the aforesaid sum of ten thousand pounds, be applied to pay
such contingent charges, and for no other purpose whatsoever.

And he it further enacted,

[Sect. 3.] That the treasurer is hereb}^ directed and ordered to pay
the sum of ten thousand pounds out of such appropriations as shall be
directed to b}^ warrant, and no other ; and the secretary, to whom it
belongs to keep the muster-rolls and accompts of charge, shall lay
before the house of representatives, when they direct, such muster-rolls
and accompts, after payment thereof. \_Passed December 18, 1753 ;
published January 26, 1754.

CHAPTER 25.

AN ACT FOR GRANTING THE SUM OF FOURTEEN HUNDRED POUNDS,
FOR THE SUPPORT OF HIS MAJESTY'S GOVERNOUR.

Be it enacted by the Governour, Council and House of Representatives,
That the sum of fourteen hundred pounds be and hereby is granted
unto his most excellent majesty, to be paid out of the publick treasury
to his excellenc}^ William Shirlej', Esq"^^^., captain-general and gover-
nour-in-chief in and over his majesty's province of the Massachusetts
Ba}', for his past services, and further to enable him to go on in manag-
ing the publick affairs. \_Passed December 20, 1753 ; published January
2G, 1751.

CHAPTEE 26.

AN ACT FOR IMPOWERING THE PROVINCE TREASURER TO BORROW
THE SUM OF FIVE THOUSAND POUNDS, AND FOR APPLYING THE
SAME FOR THE REDEMPTION OF THE BILLS OF CREDIT OF THIS
PPJ3VINCE THAT ARE STILL OUTSTANDING, AND FOR MAKING PRO-
VISION FOR THE REPAYMENT OF THE SUM SO BORROWED.

Whereas, notwithstanding the provision made by this court to draw Preamble.
in and sink the bills of credit of this government, there is still a con-
siderable quantity outstanding, to the great prejudice of trade and com-
merce,—

Be it enacted by the Governour, Council and House of Representatives,
[Sect. 1.] That the treasurer of this province be and hereb}^ is Treasurer em.
impowred to borrow from such person or persons as shall appear ready bCnw Vs^ooo,

718 PROVINCE Laws.— 1753-54. [Chap. 26.]

to lend the same, a sum not exceeding five thousand pounds, in mill'd
dollars, at six shillings apiece, or silver at six shillings and eightpence
per ounce ; and the sura so borrowed shall be a stock in the treasury,
to be applied for the redemption of said bills of credit, in manner as in
this act is after directed ; and for every sum so borrowed, the treasurer
shall give a receipt in the form following ; viz., —

Form of treas. Province of the Massachusetts Bay, day of 17 , received

urer's receipt, from the sum of pounds, for the use and service of

the province of the Massachusetts Bay; and in behalf of said province, I do
hereby promise and. oblige myself and successors in the oflice of treasurer,
to repay the said , his heirs or assigns, on or before the first

day of June, one thousand seven hundred and fifty-five, the aforesaid sum of
pounds, with interest for the same, at and after the rate of six
per cent per annum. Witness my hand, A. B., Treasurer.

— and no receipt shall be given for less than twenty pounds.
And be it further enacted,
Bills of credit [Sect. 2.] That the treasurer of the province be and hereb}^ is im-
f^m Ma'i-ehT'^ powrcd and directed, from the first day of March next until the first
to June 1, 1754. clay of Juue following, to receive from the possessors the bills of credit
of this province ; which bills he shall keep seperate from those that he
shall receive to the first day of March next, of constables, collectors.
Suspected bills sherifl's and excise-masters ; and in case he shall suspect any bill or
to be stopped. ■]^[]i^ ^Q y^Q counterfeit, he is hereby impowred and directed to stop such
bill or bills, writing on the said bill or bills the person's name of whom
he received it, or them, for the further direction of this court.
And be it further enacted,
dian^^ed^or^' [Sect. 3.] That thc trcasurer of the province, immediately upon
siiven his receiving the bills as aforesaid, not suspected by the treasurer to be

counterfeit, shall discharge the same in mill'd dollars, at six shillings
apiece, or silver at six shillings and eightpence per ounce, out of the
money borrowed for that purpose.
And be it further enacted,
Bills to be [Sect. 4.] That the treasurer shall sort the bills so received by him,

burned. -^^ order, for a committee who shall hereafter be appointed by this court

to tell and consume the same to ashes ; which committee's receipt for
the sum so told up and burnt shall be a sufficient discharge to the
treasurer.

And be it further enacted,
Right of re. [Sect. 5.] That from and after the first day of June, one thousand

cca "''alter June scvcu hundred and fifty-four, all right of redemption of said bills of
1, 1754. credit of this province that may be then outstanding shall thencefor-

ward determine and cease ; and if any person or persons within this
government shall, after the said first day of June, one thousand seven
hundred and fifty-four, receive or pay away any of the bills aforesaid,
he, she or they so offending, upon conviction thereof before any of his
Penalty for pay- majcsty's coui'ts of rccord, shall forfeit and pay the sum of ten pounds,
bius^afterulat" ^o bc rccovcrcd by bill, plaint or information ; one half for the use of
time. this government, and the other half to him or them that shall inform or

Proviso. sue for the same : provided, ahvays, that if any possessor of said bills

shall, within the term hereinbefore limited for that purpose, have ten-
dered the same to the province treasurer to be exchanged, and there
shall not be monies sufficient, of the sum to be borrowed as aforesaid,
to exchange the same, in such case such possessor shall not be subject
to the penalty aforesaid, nor be denied the privilege of having such bills
redeemed so soon as the treasurer shall be furnished with monies suffi-
cient for that purpose, if tendered within such term of time as ma}!'
hereafter be limited for the same.

[3d Sess.] Peovince Laws.— 1753-54. 719

And in order to enable the treasurer effectually to discharge the
receipts and obligations by him given in pursuance of this act, —

Be it enacted,

[Sect. 6.] That there be and hereby is granted unto his most excel- Tax of £5,000
lent majesty a tax of five thousand pounds, to be levied on polls, and s'^'U^^^-
estates 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 the general court of this
province at their session in May, one thousand seven hundred and fifty-
four ; which sum shall be paid into the treasury on or before the thirty-
first day of March next after.

And as an additional fund and security for drawing the said sum of
five thousand pounds into the treasury again, —

Be it enacted,

[Sect. 7.] That the duty of impost, for the year one thousand Fund.
seven hundred and fifty-four, shall be applied towards discharging said
receipts and obligations.

And be it further enacted,

[Sect. 8.] That in case the general court shall not at their session Rule for appor.
in May, and before the twentieth day of June, one thousand seven hun- iJ^casf no'^tax^
dred and fifty-four, agree and conclude upon an act apportioning the act shall be
sum which b}' this act is engaged to be, in said year, apportioned, as- ^^'^^^
sessed 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 propor-
tion of the said sum as the said towns and districts were taxed by the
general court in the tax act then last preceeding : saving what relates
to the pay of the representatives, which shall be assessed on the sev-
eral towns they represent ; and the province treasurer is hereby fully
impowred and directed, some time in the month of June, one thousand
seven hundred 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, fwid estates both real
and personal, within their several towns and districts, for their respect-
ive part and proportion of the sum before directed and engaged to be
assessed, and also for the fines upon the several towns for not sending
a representative ; and the assessors, as also persons assessed, shall
observe, be governed by and subject to all such rules and directions as
have been given in the last preceeding tax act. \^Passed January 25 ;
published January 26, 1754.

CHAPTER 27.

AN ACT TO ENABLE THE PROPRIETORS OF STOW, IN THE COUNTY OF
MIDDLESEX, SO OFTEN AS IT SHALL BE THOUGHT NECESSARY FOR
THEM, TO RAISE MONEY FOR THE USE OF SAID PROPRIETORS; AND
TO TAX AND ASSESS THE ORIGINAL PROPRIETORS OF SAID TOWN,
AND THEIR HEIRS, IN EQUAL PROPORTION TO THEIR INTEREST
WHEN THE FIRST LO[T]TS WERE DIVIDED AND DRAWN.

"Whereas the proprietors of the town of Stow, in the county of Preamble.
Middlesex, have long since divided almost all the common lands
formerl}' belonging to the said proprietors, into severalty, and looked
upon themselves, in a manner, divested of being any longer a propriet}' ;
and whereas, of late, there hath been a dispute, between the proprietors

720

Province Laavs.— 1753-54. [Chap. 27.]

Proprietors of

Stow empow-
ered to hold
meetings.

Officers to be
chosen.

Money to be
raised by assess,
ment.

Collectors to
levy it.

Manner of pro-
ceeding in their
meeting.

Money to be
raised from the
original pro-
prietors or
heirs.

Saving.

of Littleton, in the same county, and sundry persons that held lands
under and by grants from the proprietors of Stow aforesaid, relating to
the boundary line between the said proprietors of Stow and the pro-
prietors of Littleton aforesaid, by reason whereof it is become abso-
lutely necessary for the j^roprietors of Stow aforesaid to raise money
and assess the an[t][c]ient proprietors of Stow, —

Be it therefore enacted hy the Governoui\ Council and House of
Bepresent[citi^ves^

[Sect. 1.] That John Whitman, Esq"., issue his warrant, directed
to any one of the proprietors of Stow aforesaid, requiring him to warn
a meeting of the proprietors of Stow aforesaid, to meet at a certain
time and place, in said Stow, as shall be therein appointed, in which
all such rules and orders as to the warning and posting the same shall
be observed as is usual for the warning of any other proprietors' meet-
ing within this province ; in which warrant notice shall be given for the
chusing a moderator, as usual, a proprietors' clerk, treasurer, assessors,
and collectors, for said proprietors, and also for the chusing a commit-
tee to call meetings for the said proprietors, for the future, and for the
granting and raising such sum and sums as shall, by the major vote of
said proprietors, be thought necessar}' for the use of said proprietors ;
in which meeting all the original proprietors of Stow afores[«i]d, that
drew lot[t]s in the first division of said common lands in Stow afore-
said, or tiieir heirs, shall be allowed to vote according to the interest
the}^ rcspectivel}^ had at the time when the first division of said com-
mon lands were made ; and in making of said assessment of anj'' sum
or sums of money for the use of said proprietors, the same shall be
assessed on such of the original proprietors of said Stow, their and
each of their heirs, in equal proportion, according to the interest they
or their predecessors had at the time of the first division of said lot[t]s
being made and drawn as aforesaid ; and any such tax or assessment
being made as aforesaid, and committed to the collector or collectors
that shall be then chosen, having duly taken the oaths that such officers
are required by the. laws of this province to take, shall have full power
to levy and collect the same, in as full and ample a manner as the col-
lectors of any town, district or parish in this province have in the
gathering and collecting of anj' town, district or parish taxes.

And be it further enacted^

[Sect. 2.] That the clerk of said proprietors that shall be chosen
at the meeting aforesaid, from time to time, and at all times, as often
as there shall be occasion and he shall receive orders from the commit-
tee of said proprietors, or the major part of them, shall issue his war-
rant to some [one] of the proprietors of Stow aforesaid, requiring him
to warn a meeting of the proprietors afores[az]d,to meet in Stow afore-
said, for the transacting of such business relating to the affairs of said
proprietors as shall be thought needful, according to the usual customs
of other proprietors within this province ; and that they shall have
power, from time to time, as they shall see meet, to grant and raise
money for the use of the proprietors aforesaid, and to assess the same
upon the original proprietors that drew the original lot[t]s in their first
division afores[ai]d, if living ; and if any of them be dead, then such
deceased ['s] proprietor's proportion of such moneys shall be assessed
on their heirs enjoying an}^ estate from their said ancestors, and that in
proportion to their respective shares therein : saving onl}^ that if an}'
of said original proprietors shall have conveyed, by deed of release, his
share in said propriety to any other person, and so has no interest
depending on the afores[aif]d dispute, such proprietor's proportion of
such assessment as shall be made by virtue of this act shall be assessed
on the present owner of such proprietor's share therein, who shall be

['^D Sess.] Peovince Laws.— 1753-54. 721

obliged to pay the same to the collector or collectors of said proprie-
tors, who are hereby impow[e]red aud required to levy and collect the
same.

[Sect. 3.] This act to remain and be in force for the space of five
years from the publication thereof, and no longer. [^Passed January
25 ; published January 26, 1754.

CHAPTER 28.

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO ENABLE
CREDITORS TO RECEIVE THEIR JUST DEBTS OUT OF THE EFFECTS
OF THEIR ABSENT OR ABSCONDING DEBTORS."

Whereas in and by an act intitled " An Act to enable creditors to Preamble.
receive their just debts out of the effects of their absent or absconding i738-39,chap.i5.
debtors," which act, in the twentj'-first year of his present majesty's ^'*^-*^> '^^'^p- ^^
reign, was revived and continued in force for the term of ten years,
provision was intended to be made for the recover}' of any sums that
may be justly due to any person, out of the goods, effects or credits of
any absent or absconding person or persons, that may be in the hands
of any attorney, factor, agent or trustee, and not exposed to view ; and
some doubts have arisen how far the remedy provided b}' the said act,
according to the true intent thereof, does extend, and in what actions
and demands plaintiffs or complainants may recover and receive their
dues and damages which they are intitled to, from absent or absconding
persons in manner as in and by said act is provided, —

Be it enacted by the Governour, Council and House of Representatives^
That the remedy provided in and by said act was intended, and shall Species of
be construed and understood, to extend to all actions of debt, detinue, creditors may
account, and covenant, and to all actions upon the case, in trover, debt^outof the
indebitafis assumpsit, and express contract ; and that all persons intitled estate of absent
to either of said actions against any such absent or absconding person, debtors?"" '°^
are creditors within the true intent and meaning of said act, and
intitled to any method of relief in and by said act given to creditors.
[_Passed January 25 ; published January 26, 1754.

CHAPTER 29.

AN ACT IN ADDITION TO THE SEVERAL LAWS OF THIS GOVERNMENT •
MADE FOR THE REGULATING GENERAL FIELDS.

"Whereas, by law, the fence-viewers chosen in the several towns within Preamble.
this province are obliged to view defective and insufficient fence, in case 1741-42, chap. 3.
complaint be made to them, and the person complaining pay them three
shillings per diem, and for a less time sixpence an hour, and, upon the
fence-viewer's finding the fence defective, he is obliged to noti('[ie][?/]
the owner thereof, who hath six days by law allowed him to repair the
same ; which, if he sufficiently repair within said term, the complainant,
who hath paid the fence-viewer[s] for viewing the same, cannot recover
the money by him so paid ; for remedy whereof, —
91

722

Province Laws. — l7Di5-54. [Chap. 30.]

Complainant
not lo pay the
fence-viewer of
fences before he
views.

Owner of the
fence to pay
double fees, in
case.

Preamble.

Creatures to be
impouniled,
unless the fence
be proved
insufdcient.

Preamble.

Owners of
rocky, unim-
proved lands to
pay for no part
of the general
fence.

Limitation.

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

[Sect. 1.] That each and every fence-viewer within this province,
and that hereafter may be chosen into said office, shall be obliged, upon
complaint made to him, to view any insufficient fences without the
complainant's first paying him therefor ; and in ease the owner of such
Insufficient fence neglect or refuse to pay him the fee allowed by law for
viewing such fence, for the space of one month, he shall have and
recover of the owner of said fence double the sum allowed by law for
that service ; but in case the fence complained of appear to the fence-
viewer to be sufficient, that then the person complaining shall pay the
like fee to the fence-viewer.

A7id ivJiereas it often happens that horses, cattle and other creatures
are found damage-feasant in general fields, which are either clandes-
tinely turned in, or are so unruly as to get in where the fence is suffi-
cient and according to law, and, when impounded, the owners thereof will
replieve the same (because there may be some defect in the fence in-
compassing such general field, tho'[ngh'] the same may be at a great
distance from the place where such creatures actually got into the field),
and judgm[en]t recovered against the person impounding, w[Ai]ch may
be very unjust and unreasonable ; therefore, —

Be it further enacted,

[Sect. 2.] That when and so often as any creatures are taken in
any general field, and impounded, and a writ of replevin is taken out to
replieve the same, the court or justice before whom the action is
brought, shall be and hereby is impowered to give judgment against
the owner of said creatures, unless by such owner it be made to appear
they got into thB field where the fence was insufficient at the time of
their getting in, or were put in by some other person.

And lohereas it often happens, in fencing general fields, for the con-
veniency of fencing, considerable quantities of rocky and barren land,
not capable of tillage, are taken into such fields, the owners of which
are now by law obliged to fence for the same, and also pay taxes equal
to the other lands in said field whenever an assessm[e?i]t is made by
the proprietors of such field, which is very unjust ; therefore, —

Be it further enacted,

[Sect. 3.] That all lands now lying in general fields, or that here-
after may be taken into the same, that are so rocky or bacren that the
owners thereof have never improved the same, either by mowing, plow-
ing or feeding, said owners shall not be obliged to fence for them any
part of the fence incompassing such general fields, nor shall they be
taxed for them in any rate raised by the proprietors of such field,
until [1] such time as they shall make improvement thereon.

[Sect. 4.] This act to continue and be in force three years from the
first day of February next, and no longer. [^Passed January 25 ; pub-
lished January 26, 1754.

CHAPTEK 30.

AN ACT FOR PREVENTING THE UNNECESSARY DESTRUCTION OF ALE-
WIVES IN THE TOWN OF SANDWICH.

Preamble. Whereas the laws already provided against the destruction of the

fish called alewives, do not, in divers circumstances, reach the case of
Herring River, in the town of Sandwich, so that, nevertheless, great '

[3d Sess.] Province Laws.— 1753-54. 723

waste is made of them by ill-minded persons, to the great damage of the
publick ; to prevent which, —

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

[Sect. 1.] That from and after the first day of April nest, no per- Regulation of
son or persons whomsoever shall, on any pretence, presume to stretch, Lr tTking o^^
set or draw any seine or drag-net, or set up any wares or other fishing- aiewivea.
engines in any part of the river known by the name of Herring river, in nls'ig' chap 19'
the town of Sandwich, or ponds adjacent thereto where the fish usually
spawn, 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 place in said river or pond but such as shall be determined 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 ways forbidden by this act or in any other place than such
as shall be assigned by the said town as aforesaid, and be recovered by
action, bill, plaint or information in any court proper to try the same.

And he it further enacted^

[Sect. 2.] That all fish taken in said river or ponds, contrary to Fish otherwise
the true intent of this act, shall be liable to be forfeited to the overseers fort^u*" ^^
appointed by said town.

And he it farther enacted.^

[Sect. 3.] That all coasters or boatmen shall give in, upon oath, if Account to be
required", to the town-clerk of said Sandwich, what quantity of the said trausported.
alewives they have taken on board, and who were the owners of said fish.

[Sect. 4.] All fines and forfeitures arising by this act to be dis- Disposal of
posed of, one half fov the benefit of the poor of said town, the other to ^°®^'
him or them who shall inform and sue for the same.

And ^vhereas a considerable part of the banks of said river is covered Preamble.
with thick woods, and thereby 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,

[Sect. 5.]* That the manner, rules and methods of conviction of Manner of
offenders against this act, be the same as are directed and provided in P''°***"='^t'°°-
and by an act, intitled "An Act in addition to and for rendring more 1726-27, chap. 3.
effectual an act made in the tenth year of the reign of King William the
Third, intitled ' An Act for preventing of trespasses,' " made in the
twelfth 3-ear of the reign of his late majesty King George the First.

[Sect. 6.] This act to be in force for the space of three years from Limitation,
the first day of April next, and no longer. l_Passed January 25 ;
published January 26, 1754.

CHAPTEE 31. •

AN ACT FOR PREVENTING MISCHIEF BY UNRULY DOGS ON THE
ISLANDS OF MARTHA'S VINEYARD, CHEBAQUID[0][?7]CK, AND ALSO
ON THE ISLAND OF NANTUCKET.

Whereas much damage has been done by unruly and mischievous Preamble.
dogs, in worrying, wounding and killing sheep and lambs on the island
of Martha's Vineyard, and also on the island[s] of Nantucket and

724

Province Laws. — 1753-54.

[Chap. 31.]

Doge on Mar-
tha's Vineyard,
&c., may be
killed after
March 1, 1754.

Penalty for
keeping dogs,
&c.

How actions are
to be tried.

Lim^tion.

Chebaquiduck, by reason of great numbers of such dogs being kept by
Indians as well as English inhabitants there, —

Be it therefore enacted by the Governol^u^r, Council and House of
Represent [aft] ues,

[Sect. 1.] That from and after the first day of March next, it shall
and may be lawful for any person or persons living on any part of
Martha's Vineyard, or on the islands of Nantucket or Chebaquiduck, to
kill any dog or bitch, whatsoever, that shall at any time be found on said
Martha's Vineyard, or on said islands of Nantucket or Chebaquiduck.

And be it further enacted,

[Sect. 2.] That whosoever shall presume to keep any dog or bitch
on the island of Martha's Vineyard, or on the island of Nantucket or
Chebaquiduck, after the said first day of March next, shall forfeit and
pay the sum of twenty shillings, to be sued for and recovered by such
person or persons as shall inform against the breaches of this act ; one
half thereof to the informer, and the other half to the poor of the town
where the offence shall be committed.

Arid be it further enacted,

[Sect. 3.] That if any action shall be brought or prosecuted either
before a justice of peace, or in any court within this province, against
such persons as shall kill or destroy' any such dog or bitch, found as
aforesaid, the defendant shall plead the general issue, and give this act
in evidence ; and thereupon such justice or court shall bar said action,
and allow the defendant his reasonable cost.

[Sect. 4.] This act to continue and be in force for the space of
three years from the first day of March next, and no longer. \_Passed
January* 11 ; x>'^i>iished January 26, 1754.

* According to Secretary Willard's memorandum on the engrossment, this act was
signed April 11 ; but since it appears printed among the acts of the December session, with
a memorandum of its publication as above, the memorandum of the secretary is assumed
to be erroneous, although there is no indorsement upon the engrossment, of the publi-
cation, which might aid in determining the true date.

[4th Sess.] Province Laws. — 1753-54. %25

ACTS .

Passed at the Session begun and held at Boston,
ON THE Twenty-seventh day of March, A. D.

1754-

CHAPTER 32.

AN ACT FOR ESTABLISHING AND CONFIRMING DIVERS WRIT[T]S AND
PROCESSES ISSUED OUT OF THE OFFICE OF THE CLERK OF THE IN-
FERIOUR COURT OF COMMON PLEAS FOR THE COUNTY OF ESSEX,
SINCE THE TWENTY-FOURTH DAY OF JANUARY LAST, SO FAR AS
RELATES TO THE TESTE WHICH SUCH WRrr[T]S AND PROCESSES
BEAR.

Whereas, in and by an act pass[e]'d in the thirteenth 5'ear of King preamble.
William the Third, [e][i]ntitled "An Act prescribing forms of writ[t]s
in civil causes," it is, among other things, provided, that all original or
judicial processes or writ[t]s issuing out of the clerk's office of the in-
feriour court of common pleas, shall bear teste of the first justice named
in the commission for holding such court, and upon any vacancy by his
death or removal, then of the justice next named in the said commission,
for the time being ; and whereas^ on the twenty-fifth day of January,
1754, upon the resignation of Timothy Lindall, ICsq'^''^., first justice of
the inferiour court of common pleas for the count}' of Essex, Henry
Gibbs, Esq'^''^., was commissioned to be one of the justices of the said
court, in the room and stead of the said Timothy Lindal[ZJ ; notwith-
standing which,' divers processes and writ[t]s have issued out of the
office of the clerk of the said court, dated on or since the said twenty-
fifth day of Januar}', bearing the teste of the said Timothy Lindall,
whilst others have bourn the teste of Thomas Berr}^ EsqW., the next
eldest justice in the commission for the said court, as b}' law they ought
to do ; wherefore for removing all exceptions against the validity of such
processes and writ[t]s bearing the teste of Timothy Lindall, so far as
relates to the said teste, —

Be it enacted by the Governour^ Council and House of Bepresent-
[oit]ves.

That all writ[t]s and processes whatsoever, at any time issued from writs, &c.,
the office of the clerk of the inferiour court of common pleas for the Jj,':'*'"'"f ^T**
county or Essex, and dated since the twenty-fourth day of January, daii, Esq., in
1754, bearing the teste of Timothy Lindall, Esq"., late first justice of ^ourn'oif-"'"'
said court, shall be deemed, and they are hereby declared to be, to all filmed.
intents and purposes whatsoever, as valid and effectual, in law, as if said
writ[t]s and processes had bore the teste of Thomas Berry, Esqf''^., the
next justice in commission for said court, as, according to the true in-
tent and meaning of the afores[ai]d act of the thirteenth of King Will-
iam the Third, they should and ought to have done. [Passed March 27 ;
published April 24, 1754.

726

Province Laws.— 1753-54. [Chap. 33.]

CHAPTEK 33.

AN ACT FOR ALTERING THE TIMES APPOINTED FOR HOLDING THE
SUPERIOUR COURT OF JUDICATURE, COURT OF ASSIZE AND GENERAL
GOAL DELIVERY, WITHIN AND FOR THE COUNTIES OF ESSEX AND
YORK; AND ALSO FOR ALTERING SOME OF THE COURTS OF GENERAL
SESSIONS OF THE PEACE AND INFERIOUR COURTS OF COMxMON
PLEAS, WITHIN AND FOR THE COUNTIES OF PL[I][F]MOUTH, BARN-
STABLE AND YORK.

Preamble.

Superior court
in Essex and
York counties
altered.
1745-46, chap. 21.

1742-43, chap. 32.

Appeals, &c.,
to the superior
court, already
tal>en out for
Esse.x and York,
to be returned
at the altered
time.

Writs, appeals,
&c., already
issued for the
inferior court
for Barnstable,
to be proceeded
on in the next
term.

Whereas the times by law appointed for holding the superiour court
of judicature, court of assize and general goal delivery, at Ipswich, within
and for the count}' of Essex ; and at York, within and for the county of
York ; and the holding the courts of general sessions of the peace, and
the inferiour court of common pleas, the third Tuesday of September,
within and for the county of Plimouth ; and the holding the courts of
general sessions of the peace, and the inferiour courts of common pleas,
on the last Tuesday of June, the third Tuesday of October, and the third
Tuesday of January, within and for the county of Barnstable ; and the
holding the court of general sessions of the peace, and the inferiour
court of common pleas, within and for the county of York, on the first
Tuesday of July, are found inconvenient, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives^

[Sect. 1.] That the time for holding the superiour court of judicature,
court of assize and general goal delivery at Ipswich, for the county of Es-
sex, shall henceforth be the second Tuesday of June, annually ; and the
time for holding the said court at York, for the county of York, shall
henceforth be the third Tuesday of June, annually ; and the time for hold-
ing the court of general sessions of the peace, and the inferiour court of
common pleas, within and for the county of PI [i][?/] mouth, shall hence-
forth be the last Tuesday of September, annually ; and the times for
holding the said courts of general sessions of the peace, and the inferiour
courts of common pleas, within and for the said county of Barnstable,
shall henceforth be the second Tuesday in May, the third Tuesday in
September, and the first Tuesday in December, annually ; and the time
for holding the court of general sessions of the peace, and the inferiour
court of common pleas, within and for the county of York, shall hence-
forth be the second Tuesday of July, annually : and all officers and
other persons concerned, are required to conform themselves accord-
ingly.

And he it further enacted^

[Sect. 2.] That all appeals, writ[t]s of review[s], recognizances,
warrants and other processes already issued, taken or depending in the
said counties of Essex or York, wliich were to have been returned or
proceeded on at the times heretofore appointed by law for holding the
said superiour courts at Ipswich or York, shall be valid and stand
good to all intents and purposes in the law, and shall be returned and
proceeded on at the times appointed by this act for holding the said
superiour courts respectively.

And he it farther enacted^

[Sect. 3.] That all appeals, writ[t]s, recognizances, warrants and
other processes, already issued, taken or depending in the said county
of Barnstable, which were to have been returned or proceeded upon at
the time heretofore appointed by law for holding the said court of gen-
eral sessions of the peace and inferiour court of common pleas at
Barnstable on the last Tuesday of June, shall be valid and stand good

[4th Sess.] Province Laws.— 1753-54. 727

to all intents and purposes, in the law, and shall be returned and pro-
ceeded on at the time appointed by this act for holding said court of
general sessions of the peace and inferiour court of common pleas, on
the third Tuesday of September next.

Arid be it further enacted,

[Sect. 4.] That all appeals, writ [t]s, recognizances, warrants and The like for the
other processes, already issued, taken or depending in the said county York?' '^°"''''"
of York, which were to have been returned or proceeded on at the time
heretofore appointed by law for holding the said court of gen [era] 1
sessions of the peace and inferiour court of common pleas at York on
the first Tuesday of July, shall be valid and stand good to all intents
and purposes in the law, and shall be returned and proceeded on at the
time appointed by this act for holding said court of gen[era]l sessions
of the peace and inferiour court of common pleas on the second Tues-
day of July next. [^Passed April 19 ; published April 24, 1754.

CHAPTER 34.

AN ACT IN FURTHER ADDITION TO THE ACT FOR LIMITATION OF
ACTIONS, AND FOR AVOIDING SUITS IN LAW, WHERE THE MATTER
IS OF LONG STANDING.

Whereas by a law of this province, entit[u]led " An Act in further Preamble,
addition to the act for the limitation of actions and for avoiding suits 1752.53 chap. 1.
at law where the matter is of long standing," made and pass[e]'d in
the twent3'-fifth year of his present majesty's reign, the time limit[^]ed
for commencing all actions of account and upon the case, excepting such
as are excepted in another act, entit[u]led '' An Act in addition to and 174849, chap. 17.
for the explanation of an act [e][*]ntit[u]led ' An Act for the limita-
tion of actions and avoiding suits at law where the matter is of long
standing,'" made and pass[e]'d in the twenty-second year of his
present majesty's reign, will expire in September next ; and whereas it
is almost impracticable to have such accounts and actions settled
within the time now limit[i]ed by law for that purpose, —

Be it therefore enacted by the Governoxtr, Council and House of Rep-
resentatives,

[Sect. 1.] That the time for commencing of actions of the case Time continued
upon notes of hand, or upon book acco[mp][i/«]ts, limit[^]cd by the a"tion™of'tiie°^
said act of the twenty-second, or by said act made in the twentv-fifth, case, upon notes

. , . 1111 1-1 1 i '1 1 i of hand and

year of his present maiesty s reign, shall be and is hereby extended to book accounts.

the last day of March, which will be in the year of Lord one thousand

seven hundred and fifty-six ; and no suit hereafter to be brought in

such cases shall be barred if commenced before the expiration of said

term.

And that this law ma}^ be more generally known, —

Be it further enacted,

[Sect. 2.] That the clerk of every town and district within this This act to be
province shall read, or cause the same to be read, in their respective meetinVs°— "
towns and districts, at their anniversary meetings in March and May,
annually; and the justices of the several courts of common pleas and at the ses-
within the respective counties, shall cause the same to be publickl}' p°ace.° ^^^
read at the opening of their courts, from time to time, after the publica-
tion of this act, and until [1] the last day of March, one thousand seven
hundred and fifty-six. [Passed April 19 ; published April 24, 1754,

728

Province Laws.— 1753-54. [Chap. 35;]

Preamble.

A new town
made called
Lincoln.

Bounds of said
town.

Lincoln inhabi-
tants to pay

CHAPTER 35.

AN ACT FOR ERECTING A NEW TOWN WITHIN THE COUNTY OF
MIDDLESEX, BY THE NAME OF LINCOLN.

Whereas the inhabitants of the easterly part of Concord, the south-
westerly part of Lexington, and the northerly part of Weston have
addressed this court, setting forth the many difficulties they now labour
under, which might be effectually i-emedied if they were constituted a
township, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,

[Sect. 1.] That the easterly part of the said town of Concord, the
southwesterly part of the said town of Lexington, and the northerly
part of the said town of Weston, as hereafter set forth and described,
be and hereby are set[t] off, constituted and erected into a seperate
and distinct township by the name of Lincoln, the bounds of the said
township to be as follows ; vizi^'^., to begin at Concord River, where
the line goes over said river between Concord and Sudbury, and runs
down said river to a brook that runs out of Well Meadow, so called ;
from thence, to the southeasterlj- side of Walden Pond, so called ; from
thence, to the northwesterly corner of a lot of land lately belonging to
Daniel Brooks, on the south side of the country road ; then running,
easterly, with the country road (one-half whereof to belong to and be
maintained by each town) until[l] it comes to Joshua Brooks's tan[n]-
house ; and from the northwest corner of said tan[ri]-house, to the
northwest corner of John Wheat's land, adjoining to Benjamin Wheel-
er's land ; and thence, by said Wheeler's land, to Bedford line ; and, by
Bedford line, to Concord Corner, adjoining to Lexington ; and from
thence, in a strait line, to a little bridge in the country road, a little
westerly of Thomas Nelson's house ; thence, to the top of a little hill
eastward of Nehemiah Abbot's house ; thence, to Waltbam northwest
corner, including Elisha Cutler's land ; from thence, on Waltham line,
to the southwest corner of John Be[a]m[u][i]s's land ; thence, running
south, to the southeast corner of Benjamin Brown's land ; thence, turn-
ing and running westerly, by said Brown's laud, to a stake and heap of
stones, being the northwest corner of Bia[3']dyl Smith's land ; thence,
to a rock in the squadron line, a little northwest of the school-house ;
thence, to the corner of the wall on the north side of Concord road, so
called, being upon the division line between Theophilus Mansfield and
Josiah Parks ; thence, running south, upon the division line between
said Mansfield and said Parks, to the squadron line ; thence, in the same
course, [of] [to] the division line between Nathanael Allen and Ephraim
Parks ; thence, westerly, by the division line between said Allen and said
Parks, till it comes to a townway ; thence, westerly, in a str[eigh][at]t
line, across a corner of said Parks's land, to a heap of stones, being a
corner between said Allen and said Parks ; thence, westerly, between
[the] said Allen and the said Parks, till it comes to Abbot's meadow ;
thence, in the same course, to Sudbury line, and by said line to the place
first mentioned : and that the inhabitants of the said land, as before
bounded and described, be and hereby are vested and endowed with
the powers, priviledges, and immunities that the inhabitants of any of
the towns within this province are or ought by law to be vested or
endowed with.

Provided^ —

[Sect. 2.] That the inhabitants of [the'\ said town of Lincoln shall
pay "their proportion, agreable to what the inhabitants taken off by the

[4th Sess.] Province Laws. — 1753-54. 729

said town of Lincoln from the town of Concord paid in the last tax, of the their proportion
charges that may hereafter arise in building or repairing [o/] a bridge °^ '^^''''S'^^' ^''•
or bridges over the great river in the town of Concord and the said
town of Lincoln ; and also their proportion of the charges of maintain-
ing any poor person or persons that are now out of the town of Con-
cord, but, by reason of their former residence there, may become a
charge to the said town of Concord.

Provided cdso, —

And be it further enacted,

[Sect. 3.] That the said several inhabitants taken from the towns Proviso.
of Concord, Lexington and Weston, by this act, shall pa}' their propor-
tion of all town, county [and] precinct and province taxes already
assessed on said towns or precincts, as if this act had not been made.

A7id be it further enacted,

[Sect. 4.] That James Minot^ Esq'^'"^., be and hereby is directed and Power for caii.
impowered to issue his warrant to some principal inhabitant in said ^"s * "^^^'"^s-
town of Lincoln, requiring him to notify and warn the inhabitants of
[</ie] said town of Lincoln, qualified by law to vote in town affairs, to
meet, at such time and place as shall therein be set forth, to chuse all
such officers as towns chuse in the month of March annually ; and said
officers shall be enjoined to take the oaths now required by law to be
taken by town officers. \_Passed April 19, 1754.

CHAPTER 36.

AN ACT FOR DIVIDING THE TOWN OF CONCORD, AND MAKING A DIS-
TRICT OF THE NORTHERLY PART THEREOF BY THE NAME OF CAR-
LISLE.

Whereas the inhabitants of the northerly part of the town of Con-
cord, by reason of their being remote from the place of the publick
worship of God, have petitioned this court to be set off a seperate dis-
trict,—

Be it enacted by the Governour, Council and House of Representatives,
[Sect. 1.] That the northerly part of the town of Concord within Bounds of Car.
the following bounds ; viz^., beginning at Concord River, at the mouth i^^^^ii^t""-
of Ralph's Brook, so called, and running, westerly, to a white-oak tree
on or by the highway on the easterly side of Hunt's Hill, otherwise
called Gravel Hill ; thence, still westerl}', to a heap of stones by the'
wall in the highway, about four rods northerly of Daniel Cole's hoxn,
and so, extending on a streight line, to a way a little westerly of Richard
Temple's house ; and then running northerly, by said way, which leads
toward Acton Line, till it comes to Benjamin Temple's land ; thence,
running to Acton Line, so as to take into the new district the said
Benjamin Temple's land ; and from thence, bounded on Acton and Bil-
lerica, until [1] it comes to Concord River, taking in Blood's Farm, so
called ; and then, on Concord River, to where the line first began, be and
hereby is set off from the said town of Concord, and erected into a
separate and distinct district by the name of Carlisle ; and that the in-
habitants thereof do the duties that are required, and be [m] vested
with all the powers, priviledges and immunities which the inhabitants
of any town within this province do, or b}' law ought to, enjoy, except-
ing ox\\\; the privilege of chusing a representative to represent them in
the great and general court ; in chusing of whom the inhabitants of said
district shall join with the inhabitants of the town of Concord, as they
92

730

Province Laws.— 1753-54. [Chap. 37.]

have heretofore done, and also in paj-ing said representative ; and that
the town of Concord, as often as they shall call a meeting for the choice
of a representative, shall give seasonable notice to the clerk of said
district, for the time being, of the time and place of said meeting, to
the end that the said district may jo[y][/]n them therein ; and the
clerk of said district shall set up, in some publick place in said district,
a notification thereof accordingly : 2n-ovided, nevertheless, the said dis-
trict shall pa}^ their proportionable part of all such town, county, parish
and province charges as are already assessed, in like manner as though
this act had never been made.
And be it further enacted,

[Sect. 2.] That the inhabitants of the said district shall, from time
their proportion to time, forcvcr, hereafter, pay their proportionable part of the charge of

of the- great
bi'idge.
Power for

Carlisle inhabi-
tants to pay

keeping in good repair the great North Bridge, so called, over Concord
River ; and that James Minot, Esq'^'^.,^is hereby impowered to issue his
calling the first warrant, directed to some principal inhabitant in said district, requir-
mte lug. .^^g j^j^ ^^ warn the inhabitants of said district, qualified by law to vote

in town affairs, to meet, at such time and place as shall be therein set
forth, to chuse all such officers as shall be necessary to manage the
aflairs of said district. [Passed Ajjril 19 ; published April 24, 1754.

CHAPTEK 37.

AN ACT FOR INCORPORATING THE PLANTATION CALLED QUABIN, IN
THE COUNTY OF HAMPSHIRE, INTO A TOWN BY THE NAME OF
GREENWICH.

Preamble.

A new town
marie called
Greenwich.

Bounds of said
town.

Proviso relating
to assessments.

Power for
calling the first
meeting.

Whereas it is represented to this court that the inhabitants of the
plantation called Quabin, in the county of Hampshire, labour under
great difficulties and inconvenienc[tJes by reason of their not being in-
vested with privile[d]ges of a town ; therefore, —

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

[Sect. 1.] That the whole of that tract of land in the county of
Hampshire, called Quabin, bounded as follows ; \\z^^^., eastwardly on
Lamb's Town ; southerly on Read's Land ; westerly, partly on Equiva-
lent Land, and partly on Salem Towni northerly, partly on Salem
Town and partly on White's Town, be and hereby is erected into a dis-
tinct and seperate town by the name of Greenwich ; and that the in-
habitants thereof be and hereby are invested with all the powers,
privileges and immunities that towns in this province by law do or may
enjoy.

Provided, —

[Sect. 2.] That nothing in this act shall be understood or so con-
strued as in any manner to superse[e]d[e] or make void an}' order or
orders of this court now in force respecting the method of making
assessments within said plantation, but that the same shall remain and
be as effectual as if this act had not been made.

And be it further enacted,

[Sect. 3.] That John Worthington, Esqi^'^, be and hereby is im-
pow[e]red to issue his warrant to some principal inhabitant of the said
plantation, requiring him, in his majesty's name, to warn and notify the
said inhabitants, qualified to vote in town affairs, that they meet together,
at such time and place in said plantation as by said warrant shall be
appointed, to chuse such officers as may be necessary to manage the
affairs of said town ; and the inhabitants being so met, shall be and

[4th Sess.] Peovince Laws.— 1753-54. 731

hereby are impow[e]red to eliuse such officers accordingly; and the
said John Worthington, Esq-'^., is hereby appointed moderator of said
meeting, to order and regulate the same. [^Passed April 20 ;* published
April 24, 1754.

CHAPTER 38.

AN ACT FOR ERECTING A TOWN IN THE COUNTY OF WORCESTER, AT
A PLANTATION CALLED NICHEWOAG, BY THE NAME OF PETERSHAM.

"Whereas the plantation commonly called N[i][e]chewoag, in the Preamble.
county of Worcester, is compleatly filled with inhabitants, who have
built and finished a convenient meeting-house for the publick worship
of God, and have settled a learned Protestant minister amongst them,
and have addressed this court to be erected into a scp[a][c]rate and
distinct township, to hold and enjoy equal powers and privileges with
the other towns in the province, —

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

[Sect. 1.] That the plantation of Nichewoag, in the county of a new town
"Worcester, as the same is hereafter bounded and described, be and here- Bham.
by is set off and constituted a sep[a][e]rate and distinct township by
the name of Petersham ; the bounds of said township being as follows ; Bounds of said
viz"^'^., begin[?i]ing at a heap of stones on Rutland-District Northwest °^"'
line, and rnn[«]ing six miles, from the northerly corner thereof; from
thence, run[?i]ing north, thirtj'-four degrees west, by the needle, one
thousand eight hundred and twenty-four perch, to a beach-tree with
stones; from thence, run[7i]ing west, thirty-five degrees south, two
thousand one hundred and twentj^-eight perch, to the west angle ; from
thence, run[w]ing south, thirt3'-six degrees east, one thousand sis hun-
dred and fifty perch, to a heap of stones, the westerly corner of said
Rutland District ; and from thence, on Rutland-District Northwest line
to where it began : and that the inhabitants thereof be and hereby are
vested and endowed with equal powers, privile[c?]ges and immunities that
the inba1)itants of any other towns within this province are or ought by
law to be vested or endowed with.

And he it further enacted,

[Sect. 2.] That such of the grantees as have not fully compl [y] [/] ed ^,^"3^t^* p"""-
with the conditions of settlement be and hereby are subjected, each one, a sixtieth part of
to pay a sixtieth part of all rates and taxes that shall hereafter be laid ^^^ ^^^^^'
on the inhabitants of said town, as well as for the support of the min-
istry among them, and other town charges, until [1] they have com-
pl[y][/]ed with the conditions of settlement. \_Passed April 20 ;t
published April 24, 1754.

* According to the General -Court records, this act was signed April 19, and again April
23 ; but on the engrossment the date, apparently in the Governor's hand^mtiug, is clearly
as given above.

t Accorduig to the record, this was signed again April 23.

732

Province Laws.— 1753-54. [Chaps. 39, 40.]

CHAPTER 39.

AN ACT TO ENABLE THE JUSTICES OF THE COURT OF GENERAL
SESSIONS OF THE PEACE, AT THEIR SEVERAL SESSIONS IN THE
COUNTY OF DUKES COUNTY, MORE EFFECTUALLY TO REGULATE
AND KEEP UP A CONSTANT FERRY FROM DUKES COUNTY TO FAL-
MOUTH, IN THE COUNTY OF BARNSTABLE.

Preamble. Whereas there is provisioii already made by law for the justices, in

1729-30, chap. 7. their quarter sessions throughout tli-is province, to licence persons to
keep ferries, and state the fa[rc][?/-]s or ju-ices of each ferry, both for
man and beast, and to take bond of each ferryman, fcc"^"-^., but no pro-
vision is made by law to enable the justices, in their sessions, to lay a
tax on any county for the upholding and maintaining of ferries, either
by building boats, wharves, ways, &c'^''^., where no particular person or
persons will be at the cost thereof; by means whereof the said county
of Dukes County is wholly destitute of a ferr}-, from said county (which
is an island) to the mainland, whereby many inconvenienc[/ies daily
• happen to those that have occasion to go to and from said county, —
Be it therefore enacted by the Governour, Council and House of Repre-
sentatives^

That the justices of the court of general sessions of the peace, at

any of their sessions hereafter to be held in and for said county of

assess the inhab- Dukcs Couuty, are hereby enabled and directed to raise monies, and to

itants, for keep- ^ i • i % ■ ^ ^ ^ • t , n -r^ -, r~, i , . ^' "^

ing a ferry. asscss the inhabitants of said county of Dukes County, and their estates,
as well for the building of ferryboats, making and maintaining suitable
wharves and ways for ferr3^-wa3-s, for the conveniency of keeping a ferry
in said county, in as full and ample a manner as the justices in said
quarter sessions are by law already enabled to do for defieying the
necessary repairs of bridges, prisons, the maintenance of poor prison-
ers, and all other proper county charges ; and under the same regula-
tions and restrictions. \Passed April 19 ; published April 24, 1754.

Quarter-ses-
Bions in Dukes
County, to

CHAPTER 40.

AN ACT IMPOWERING THE PROVINCE TREASURER TO BORROW FIVE
THOUSAND THREE HUNDRED POUNDS, AND FOR APPLYING THE
SAME TO DEFREY THE CHARGE OF BUILDING A FORT ON KENNE-
BECK RIVER, AND FOR SUNDRY OTHER PURPOSES ORDERED BY
THIS COURT.

Preamble.

Treasurer em-
powered to bor-
row £5,300.

Whereas it is very necessary that a good and defensible fort be soon
built on Kenncbeck River (the present fort being in a ruinous and irre-
pa[i]rable state), as also that many other expensive affairs be carried on
veiy speedily, which, in the whole, have been estimated to require the
sum of five thousand three hundred pounds ; which sum this court have
voted and agreed to borrow, the same not being in the treasury, —

JjC it therefore enacted by the Governour, Council and House of Repre-
sentatives,

[Sect. 1.] That the treasurer of this province be and hereby he is
impowered to borrow from such person or persons as shall be willing to
lend the same, a sum not exceeding five thousand three hundred pounds,
in milled dollars, at six shillings each, or other coined silver at six
shillings and eightpence per ounce ; and the sum so borrowed shall be

[4th Sess.] Province Laws. — 1753-54. 733

a stock in the treasury, and applied for building a fort on Kennebeck
River, in such place and manner as the captain-general shall think
proper ; and for defre} iug the charge of his excellency the govcrnour's
proposed voyage to the eastern parts of this province, and of the coun-
cil and other attendants ; for paying the wages of five hundred men,
including officers, which his excellency may order eastward, and to pa}'
the bounty ordered at inlistmcnt, as also their subsistence ; and to pur-
chase pre-sents proper for the Six Nations, and to defr[a][e]y the
charge of commissioners attending the General Convention at Albany ;
and for no other purposes whatsoever : and if there be a surplusage, ib
shall remain a stock in the treasury ; and for every sum so borrowed,
the treasurer shall give a receipt and obligation in the form following ;
viz^'^.,—

Province of the Massachusetts Bay, day of , 1754, Form of treaa.

received of . the sum of pounds, for the use and urer's receipt.

service of the province of the Massachusetts Bay, and, in behalf of said prov-
ince, I do hereby promise and oblige myself and successors in the office of
treasurer to repay to the said or order, on or before the first day

of May, 1755, the aforesaid sum of pounds, witli interest at the

rate of six per cent per annum. Witness my hand, A. B., Treasurer.

— and no receipt shall be given for less than twenty pounds.

And in order to enable the treasurer effectually to discharge the
receipts and obligations by him given in pursuance of this act, —

Be it enacted^

[Sect. 2.] That there be and hereby is granted unto his most ex- Taxof £5,3oo
cellent majesty a tax of five thousand three hundred pounds, to be lev- g'"a'">^<5-
ied on polls, and estates 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 the general court
of this province at their sessions in May, one thousand seven hundred
and fifty-four, which sum shall be paid into the treasury on or before the
thirty-first day of March next after.

And as an additional fund and security for drawing the said sum of
five thousand three hundred pounds into the treasury again, —

Be it enacted^

[Sect. 3.] That the duty of excise for one year from July, one Fund,
thousand seven hundred and fifty-four, shall be applied towards dis-
charging said receipts and obligations.

And he it further enacted,

[Sect. 4.] That in case the general court shall not, at their sessions Rule for appor.
in May, and before the twentieth day of June, one thousand seven [j°cagf no\ax^
hundred and fifty-four, agree and conclude upon an act apportioning the actshaiibe
sum which by this act is engaged to be, in said year, apportioned, '^sreedon.
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 limits, the same propor-
tion of the said sum as the said towns and districts were taxed by the
gen[era]l court in the tax act then last preceeding : saving what relates
to the pay of the repres[ewto<t]ves, which shall be assessed on the several
towns they represent ; and the province treasurer is hereby fully im-
powered and directed, some time in the month of June, one thousand
seven hundred and fifty-four, to issue and send forth his warrants, di-
rected to the selectmen or assessors of each town and district within
this province, requiring them to assess the polls, and estate [s] both
real and personal, within their several towns and districts, and for their
respective parts and proportion of the sum before directed and engaged

734

Province Laws. — 1753-54. [Chap. 41.]

to be assessed, and also for the fines upon the several towns for not
sending a representative.

[Sect. 5.] And the assessors, as also persons assessed, shall ob-
serve, be govern [e]d b}', and subject to all such rules and directions as
have been given in the then last preceeding tax act. [^Passed April 18 ;
published April 24, 1754.

CHAPTER 41.

AN ACT FOR LEVYING SOLDIERS, AND TO PREVENT SOLDIERS AND
SEAMEN IN HIS MAJESTY'S SERVICE FROM BEING ARRESTED FOR
DEBT.

Preamble.
1748.49, chap. 5.

Duty of chief
oflicers in levy-
ins' soldiers.

Penalty for
not doing duty.

Duty of the
chief officer of
a company or
troop.

Penalty for not
doing hia duty.

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 majesty'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,
invasion, detriment or anno3-ance of this his majesty's province, or any
of his majesty's subjects therein, and for the better preventing disap-
pointments, thro' the default of any employed in levying 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 any chief officer of any regi-
ment of militia within this province shall receive orders from the cap-
tain-general or commander-in-chief, for the time being, of the said pro-
vince, for the pressing, or causing to be impressed, for his majesty's
service, out of the regiment under his command, so many soldiers as in
such orders shall be mentioned, such chief oflicer 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 tiiat 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
mentioned), shall forf[ie][ei]t and pay a fine of thirty pounds. And
every colonel or field-oftlcer of any regiment that shall, directly or
indirectly, take or receive anything whatsoever, for the discharging
of any soldier that shall be impressed for his majesty's service, except
those of his own company or troop, shall forf [ie] [ei] t and pay a fine of
ten pounds, for each and every man by him so discharged for the sake
of gain.

[Sect. 2.] And every captain or other chief officer of any company
or troop, that shall receive any warrant from the chief officer of the
regiment, whereto such company or troop belongs, for the impressing
out of the same any 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 at the time as therein shall be men-
tioned, on pain that every captain or chief officer of any company or
troop, that shall neglect, or not do his utmost, to comply with and per-
form any warrant to be by him received as aforesaid from the chief

* Sic.

[4th Sess.] Peovince Laws. — 1753-54. 785

officer of the regiment, shall, for such neglect and default, pay a fine of
ten pounds.

[Sect. 3.] And ever}'^ officer or soldier that shall receive a warrant
from his captain, or the chief officer of the compan}"- or troop in Mhich
he is [e][i]nlisted for the impressing of men, shall forthwith attend
and perform the same, on paj-ing a fine of three 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 forf[ie][ei]ting the neg^eaf*^^""*'
sum of forty shillings.

[Sect. 5.] And if any person authorized as aforesaid to impress any Penalty for tak-
soldier or soldiers for his majesty's service, shall exact or take any re- io^dfsciiarge^
■ward to discharge or spare any from said service, he shall forf[ie][ei]t soldiers.
ten pounds for every 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 gov- ^^^ '^"'^*'
ernment 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
an}' court of record.

And he it further enacted,

[Sect. 7.] That every person liable and fit for the service, being Duty of persons
orderly impressed, as aforesaid, for his majesty's service, by being com- '™P''<-'''««d.
manded, in his majesty's name, to attend the said service, shall, by him-
self, or other meet person in his room, to the acceptance of his captain
or chief officer, 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 i)ain of forf[ie][e("]ting and paying to his captain or chief offi-
cer, by whose warrant he was impressed, within twenty -four hours next
after such impressment, the sum of five pounds, who, on payment
thereof, shall give a receipt therefor ; and in default of such payment. Fines to be
or of procuring some meet person in his stead to the acceptance of said goods and
officer, the said sum shall be lev[y][/]ed by distress and sale of the chattels, &c.
goods and chattels of such offender, or of the goods and chatt[e]l[e]s
of his parent or master, in case such impressed person be a son under
age, or a servant ; and the officer b}' whose warrant he was impressed,
shall be and is hereby fully impowered and required to levy and collect
the said sum in such manner as constables of towns and districts within
this province, are impowered to lev\' the publick taxes ; and for want of
goods and chatt[e]l[e]s whereon to make distress, such offender shall
suffer six month's imprisonment, without bail or mainprize, to be com-
mitted b}' mittimus from any justice of the peace of the same county,
upon due conviction of such neglect.

[Sect. 8.] And of the monies to be so levyed or collected, such cap-
tain or chief officer shall lay out and improve so much as shall be neces-
sary for the procuring and fitting out of one or more suitable person or
persons, as there may be occasion, to perform the service for which any
soldier or soldiers forf[ie][et]ting, as aforesaid, shall have been im-
pressed, the overplus of such monies to be paid into the town or district
treasur}' some time before the annual meeting of such town or district
in March, in each and every year, for the use and only benefit of such
company or troop in said town or district to which such person or per-
sons, impressed as aforesaid, belonged at the time of his or their being
impressed ; and said town or district treasurer is hereby enjo[y][i]ned,
under the penalty of five pounds, as aforesaid, to pay the same out from
time to time, to any impressed man or men, b}' order of the captain or
chief officer of such company or troop such impressed man or men be-
longed to ; and such officer shall give in to the treasurer of said town or
district an attested acco[mp][im]t of the sum by him received and paid ;

73B Province Laws.— 1753-54. [Chap. 41.]

and upon sucb officer's neglecting to render such acco[mp]rw»]t, and
pay[fHr/] such sums as shall be due, such officer, for such neglect, shall
forf[ie][e^]t and pay to such town or district treasurer, for the use of
such town or district, as aforesaid, the sum of forty pounds; and the
said town or district treasurer is hereby impowered to demand and sue
therefor accordingly.

[Sect. 9.] And if the captain or officer to whom the said sum of
five pounds shall be paid, as aforesaid, by any person impressed, can-
not seasonably procure another suitable person to serve in the stead of
him that was before impressed, or if any person impressed shall suffer
imprisonment, or shall make his escape, in each and ever}^ such case,
the said captain or officer shall renew his warrants as often as there shall
be occasion, until [1] the number sent for from him be compleated ; and all
persons paying the said sum of five pounds, as before mentioned, shall
be esteemed as persons that have served, and be no further or other-
wise liable to any after-impress than those that actually go forth in that
service.

[Sect. 10.] And all persons lawfully impowered to impress may
pursue any person that absconds from the impress, or makes his escape,
and may impress such person in any place within the province ; and if
any person impressed, as aforesaid, for his majesty's 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 sufficient 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 twelve month's impris-
onment, or pay a fine of ten pounds, to be paid to the selectmen of the
town or district where such person belonged to at the time of his being
impressed, for purchasing arms for the use of the company to which
such person belonged.

[Sect. 11.] And if any person, directly or indirectly, by coun-
[c][s]el 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,
When the pay [Sect. 12.] That all soldicrs shall be in pay from the time of their
begin.*^'^'* '* *° being impressed till they be orderly discharged, and have reasonable
time allowed them to repair to their usual places of abode.

[Sect. 13.] And if any captain or other chief officer shall dismiss
any soldier detained in his majesty's service, and assume another for
gain, such captain or chief officer shall forf[ie][e?']t the sum of ten
pounds for 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 soldiers.

[Sect. 14.] And every person who shall impress any soldiers for
his majesty's service, shall transmit a list of them to the chief officer of
the regiment or troop, particularly mentioning sons under age, or serv-
ants, if any such there be, and to whom they belong, that so their
fathers or masters may receive their wages, who are hereby impowered
so to do.

And be it further enacted,
Maimed soldiers [Sect. 15.] That all such soldicrs and seamen that, from the com-
be'reUeTCd" *° meucemcnt of this act, have been, or, during the continuance thereof,
may be, wounded in his majesty's service within this i^rovince, and are
thereby maimed or otherwise disabled, shall be rel[ei][ie]ved out of
the publick treasury, as the great and general court or assembly shall
order.

[4th Sess.] Province Laws. — 1753-54. 737

Arid be it further enacted,

[Sect. 16.] That anj' impressed man or men appearing at the place Soldiers to be
of rendezvous, being actually destitute of arms and ammunition of his Irms!^*^*^ ^""^
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
impressed, to impress arms and ammunition for him or them, which
arms shall be apprized b}^ two suitable persons appointed and sworn for
that purpose ; and the persons so appointed and sworn, shall give a
certificate of the apprized value to the person or persons from whom the
said arms are taken, for the use of which arms shall be paid out of his
wages one penny 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 thro his own neglect or default, such loss shall be
born[e] by the province.

And be it further enacted,

[Sect. 17.] That if any person whatsoever, other than the commis- No process to
sary, shall trust or give credit to anj'^ soldier, mar[r]iner or sailor, dur- ciotui'ng'sc.',
ing his being actually in his majesty's service, for cloathing or other while miUe
things whatsoever, no process shall be granted or served on such soldier
for any debt so contracted, until[l] he be dismiss'd the service ; and
ever}'^ writ[t] or process granted or served contrary [^] hereto, shall be
deemed and adjudg[e]'d, ipso facto, void.

[Sect. 18.] And any justices of the peace within the county where
any such soldier or mar[r]iner is committed or restrained, upon process
granted for debt, or pretension of debt, contracted as aforesaid, shall,
upon certificate given to him from the captain or chief officer under
whose command such soldier or mar[r]iner is, setting forth that at the
time of such debt contracted he was then and still continues a soldier
or mariner in his majesty's pay, forthwith order his release from con-
finement, and return to his duty.

And be it further ehacted,

[Sect. 19.] That no person who is or shall be impressed, hired or No person im-
voluntarily [e][i]nlisted into his majesty's service, either by sea or oreniTs'tecUo be
land, shall, during his continuance therein, be liable to be taken out of arrested for less
his majesty s service by any process or execution, unless for some crim- for criminal
inal matter, for any sum under the value of ten pounds ; nor for any '^=^"«'"'5-
greater sum until [1] 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 itnus,
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, ten pounds at least ; and every
soldier whose body shall, contrar}' to the intent of this act, be arrested
by mean process or execution after his inlistment into said service, may
and shall be set at liberty by two justices of the peace, quorum unus,
in the county where such soldier is taken, upon application made by
him or his superiour officer, and proof of his being entered into the
service aforesaid.

And be it further enacted,

[Sect, 20.] That no person in his majesty's service shall pawn, Pereoneinhis
truck, barter or sell his arms, am[m]unition or cloathing, on penalty of "ci^notto^seii
being punished by riding the wooden horse, run [w] ing the gantlet or their arms, &c.
other like military punishment ; and the person accepting or receiving
the same, shall be compell[e]'d to restore and make good the same
without price or redemption, and shall, further, if in his majesty's ser-
vice, suffer military punishment as aforesaid.
93

738

Province Laws. — 1753-54. [Chaps. 42, 43.]

And be it further enacted,

[Sect. 21.] That all debts contracted for strong or spirituous liq-
uors, by any soldier or rQar[r]iner while in his majesty's service, shall
be void, and the creditor forever debarred from any process or benefit
of the law for recovery of the same.

Provided, always, —

[Sect. 22.] That this act shall not be construed to sta}'' the process
drsniTssion'from of any Creditor of such soldier or sailor, as aforesaid, after his dismis-
sion from the said service, nor at all to stay any process or execution
against a defective constable or collector, for any tax or taxes commit-
ted to him to collect.

Provided, also, —

[Sect. 23.] That this act shall continue in force unto the first day of
June, which will be in the year of our Lord one thousand seven hun-
dred and fifty-seven, and no longer. \_Passed April 20 ; * published
April 24, 1754.

Soldier or
mariner not to
bo tnii^tod for
strong liquors.

Process not to
be stayed after

Limitation.

CHAPTER 42.

AN ACT FOE FURTHER REGULATING THE COURSE OF JUDICIAL PRO-
CEEDINGS.

Preamble.

No review
allowed at the
inferior court
but in case, &c.

No .review
allowed where
either party
hath obtained
two judgments.

"Whereas trials of civil actions, upon appeals and reviews, have been
unnecessarily multiplied, to the great charge and gr[ei][ie]vance of
many of his majesty's subjects within this province, —

Be it therefore enacted by the Governour, Council and House of Rep-
resent[cdi']ves,

[Sect. 1.] That no writ of review shall hereafter be brought, to any
inferiour court of common pleas, unless the action be already begun ;
and that whensoever in any action that shall hereafter be brought in
any of the courts within, this province, the party, whether plaintiff or
defendant, which shall have recovered judgment on the first trial, shall
likewise recover on a second trial, no review shall be allowed in such
action.

[Sect. 2.] This act to continue and be in force for three j^ears from
the twenty-fifth day of January, one thousand seven hundred and fifty-
four, and no longer. [PassecZ April 23 ;t pidilished April 24, 1754.

CHAPTER 43.

AN ACT IN ADDITION TO THE ACT MADE AND PASS[E]'D IN THE
EIGHTH YEAR OF HER LATE MAJESTY QUEEN ANN[£;], [E][7]NTI-
T[U]LED " AN ACT FOR REGULATING OF DRAINS OR COMMON
SHORES."

Preamble.
1709-10, chap. 5,
§3.

Whereas, in and by an act made and passed in the eighth year of the
reign of her late majesty Queen Ann[e], intil[u]led "An Act for reg-
ulating of drains and common shores," it is enacted, among other
things, " That it shall and may be lawful to and for any one or more of
the inhabitants of any town, at his or their own cost and charge, to

* According to the record, this chapter was signed April 19.

t This chapter was passed to be enacted January 24 ; and, according to the record, it was
signed April 17. The engrossment has been followed, as the signature thereon appears to
have been dated by the Governor.

[4th Sess.] Province Laws. — 1753-54. 739

make and lay a common shore or main drain for the benefit of them-
selves and others that shall think fit to jo[y][i!']n therein ; and every
person that shall afterwards enter his or her particular drain into such
common shore or main drain, or by any more remote means receive
benefit thereby, for the draining of their cellars or lands, shall be
obliged to pay unto the owner or owners of such common shore or
main drain a proportionable part of the charge of making or repairing
the same, or so much thereof as shall be below the place where any
particular drain enters thereinto, at the judgment of the selectmen of
the town, or major part of them" ; cmcl whereas it frequently happens
that the main drains or common shores decay and fill up, and the per-
sons immediately affected thereby are obliged to repair such common
shore to prevent damage to themselves and others whose drains enter
above as well as below them, and no particular provision is made by
said act to compel such persons as dwell above that part where common
shores are repaired and have not sustained damage, to pay their pro-
portionable share thereof as shall be adjudged by the selectmen, nor in
what manner the same shall be recovered, which has already occa-
sioned many disputes and controversies ; wherefore, for preventing the
same for the future, —
Be it enacted by the Governour, Coxindl and Hotise of Representatives,
[Sect. 1.] That whensoever it shall hereafter happen, after the first Owners of
day of June next, that any common shore or main drain is stopped or pay"hei^pio?
gone to decay, so that it will be necessary to open such common shore potion of the
or main drain to remove such stoppage and repair it, not only the per- opening of
son or persons who shall so do, or cause the same to be done, but all ^^'^"^'
others whose drains enter, either above or below, such common shore or
main drain, or receive any benefit by said common shore or main drain,
shall pay such a proportionable part of the whole expence of opening
and repairing the common shore or main drain as shall be adjudged to
them by the selectmen of the town, or a major part of them, to be cer-
tified under their hands ; and if any person or persons, after such certifi-
cate is made, shall refuse to pay the same, within ten daj's, to the person
so appointed by the selectmen to receive it, being duly notified thereof,
he shall be liable and subject to pay to such person appointed double
the sum mentioned in such certificate, and all costs arising upon such
refusal ; and such person is hereby fully authorized and impowered to
bring an action or actions for the same accordingly : provided, ahvays, Provided, in
that nothing in this act shall be construed or understood to set aside or case of contract.
make void any covenants or agreements already made, or that hereafter
may be made, among the proprietors of such drains or common shores.

[Sect. 2.] This act to continue [to] [and] be in force for five years Limitation.
from the first day of June next, and no longer. [Passed April 17;
published April 24, 1754,

CHAPTEK 44.

AN ACT TO PREVENT NEAT CATTLE AND HORSES RUNNING AT LARGE
AND FEEDING ON THE BEACHES AND MEADOWS BELOW THE BANKS,
IN THE TOWN OF TRURO, FROM THE HOUSE OF JOSHUA ATKINS TO
BOUND BROOK, AND ALSO ON THE COMMON MEADOW AT AND ABOUT
PAMIT HARBOUR AND RIVER, AS FAR UP AS THE WADING-PLACE
BY JOHN LUMBART'S.

Wherjeas there are certain meadow-lands within the township of Preamble.
Truro, in the county of Barnstable, called Pamit Meadows, on which 1750.51, chap. 4.

740

Province Laws. — 1753-54. [Chap. 44.]

No person to
turu or drive
anj' cattle on

many of the inhabitants of said town depend for their hay, and the said
meadow-land lies adjo[y][i]ning to sandy beaches, next the sea, 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 and House of
Iiepresent[^atQves,

[Sect. 1.] That no person shall presume to turn or drive any neat
cattle, or horses, upon the said beaches or meadows, io feed, or leave them
of'^TruSf^'**'" at large there, on the penalty of five shillings a head for all neat cattle,
and for every horse-kind so turned upon any 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 the
said meadows or beaches, or other person, finding any cattle or horse-
kind feeding or going at large upon the beaches or meadows aforesaid,
or any of them, to impound the same ; and the person or persons im-
pounding them shall give publick notice thereof in the town of Truro,
and in the two next adjo[y][t]ning towns, and shall rel[ei][ie]ve said
creatures whilst impounded, with suitable meat and water ; and the
owner thereof appearing, he shall pay to the impounder, one shilling and
sixpence damages for each head of neat cattle or horse-kind so im-
pounded, and cost[s] of impounding them : and if the owner do not
appear within the space of six days, and pay the damage, 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 paying such damages and costs,
and the charge arising by such sale (publick 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 impounding, and the
other moiety thereof to the use of the poor of the town of Truro.

[Sect. 3.] This act to continue and be in force for the space of three
years from the first day of June next, and no longer. [Passed April
19 ; published April 24, 1754.

Cattle found
feeding on the
beaches afore-
said, to be im-
pounded, &c.

Limitation.

Notes. — There were four sessions of the General Court this year. The first session was
prorogued, on the twenty-second day of June, to August 15 ; but, on the first day of August,
it was again prorogued, by proclamation, to September 5. On the tenth of August, Governor
Shirley, having returned, issued his proclamation confirming the last prorogation liy the
Lieutenant-Governor. The second session continued from the fifth to the fourteenth of
September, inclusive. There is no record of a prorogation of the Assembly at the end of
this session ; but, as the thu'd session began December 4, after " several prorogations," it
may be inferred that the court was prorogued to the latter date. The third session was
interrupted by two recesses between the 22d and 26th of December and the 12th and 16th
of January ; and was concluded January 25, 1754. The fourth session began March 27,
and ended April 23.

All the acts of this year were printed : chapters 10 and 11, separately; and the engross-
ments are preseiwed except of chapters 12, 13, 14, 15, 16, 17, 22, 23, 24, "25, 26, 28, 30, aiid 35.

The acts of the first session were certified for transmission, October 17, 1753 ; and were
delivered, by Mr. Bollan, the agent of the Province, May 15, 1754. They were referred to
a committee of the Privy Council, by whom, in turn, they were ordered to be submitted to
the Lords of Trade, June 14 ; and the latter ordered them to be sent to Mr. Lamb, July 23,
1764. The acts of the second and third sessions were certified, in like manner, October 21,

[Notes.] Province Laws. — 1753-54. 741

1754, accompanied by a letter from Secretary Willard, dated October 23. They were re-
ceived by the Board of Trade, in December following, but were not lodged in the Council-
ofHce until January 24, 1755. On the 29th of January they were i*eferred to a committee
of the Privy Council, and, on the next day, were sent, by this committee, to the Lords of
Trade. By the latter they were ordered to be sent to Sir Matthew Lamb, for his opinion,
&c., February 4, but were not actually sent until June 19, 1755.

Sir Matthew Lamb's reports to the Lords of Trade, covering all the acts of this year,
were read at the Board, March 24, 1756 ; and were to the effect that upon perusal and con-
sideration of these acts he had no objection thereto, in point of law. The acts having been
considered by the Board at this sitting, the draught of a report to the Lords of the com-
mittee of the Privy Council, was, next day, ordered to be prepared. On the 6th of April
this draught was agreed to and ordered to be transcribed, and on the 13th of April was
signed, together with a letter to Governor Shirley, on chapters 8 and 35, which had been
prepared at the same time. The substance of this letter is hereafter given in the notes to
the chapters above named.

In theii above-mentioned report the Lords of Trade represent that chapters 5, 7, 10, 11,
24, 25, 26, and 40 " were passed for temporary services and are either expired by their own
Limitation or the purposes for which they were enacted, have been completed " ; that chap-
ters 1, 2, 3, 4, 6, 8, 9, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 31, 32, 33, 34, ^
36, 37, 38, 39, 41, 42, 43, and 44 "relate to the internal ceconomy of the Province and ap-
pear to have been enacted for its private Convenience, and We see no reason why His
Majesty may not be graciously pleased to confirm them " ; and they conclude with a special
report upon chapter 35, which is given at length, hereafter, in the note to that chapter.

In accordance with the representations of the Lords of Trade, an order was passed in
Council, July 7, 1756, confirming the thirty-six acts last enumerated, above.

Chap. 4. " April 11, 1753. A Petition of James Cargell, in behalf of the Inhabitants of
the Plantation called Sheepscot, setting forth the Inconveniences they are under for want
of Power to raise Taxes and other matters necessary for the regular Management of their
Affairs, Therefore Praying that they may be erected into a District according to the
Bounds set forth in the Petition.

In Council ; Read and Ordered that the Prayer of the Petition be so far granted as that
the Petitioners and the other Inhabitants of Sheepscot with the Lands described and con-
tained within the Bounds mentioned in their Petition to this Court Anno 1751, be set of a
District and that they be vested with all the Powers and Priviledges with other Districts ;
And that the Assessment made by the Select men chosen by the said Inhabitants for the
Year 1751 be confirmed; and that the Constables or Collectors so chosen, for the same
Year who have collected some part of the said Assessment be impowered and directed to
finish their Collection and pay it according to the Directions of their Warrant; and that
the Select Men who shall be chosen for the" Year 1753 be directed and impowered forth-
with to assess on the said Inhabitants and their Estates the Sum set on them in the
Province Tax Act 1752 and that the Constable or Constables or Collectors who shall be
chosen for the Year 1753 be impowered & directed to collect the same and pay it into the
Province Treasury as soon as may be & the Petitioners have, leave to bring in a Bill
accordingly. In Council; Read and Concur'd. — Consented to by the Lieut Govern''." —
Cou7icil Records, vol. XX., p. 19.

Chap. 5. " June 19, 1753. In the House of Representatives ; Voted that M' Welles and
Capt. Spurr w'i> such as the Hon^e Board shall join be a Committee to farm out the Excise
for the County of Suffolk : — In Council Read and Concur'd & Jacob Wendell Esq"^ is
joined in the Affair — Consented to by the Lieutenant Governor

In the House of Representatives ; Voted that M'' Cogswell and M' Greenleaf with such
as the Honi'ie Board shall join be a Committee to Farm out the Excise for the County of
Essex — In Council Read & Concur'd ; And Benj* Lynde Esq'' is joined in the Affair Con-
sented to by the Lieutenant Governor

In the House of Representatives ; Voted that M"" James Russell & Cap* Livermore with
such as the Hon^'*^ Board shall join be a Committee to Farm out the Excise for the County
of Middlesex — In Coimcil ; Read and Concur'd and Ezekiel Chever Esq"^ is joined in the
Affaii' — Consented to by the Lieut Governor

In the House of Representatives-; Voted that Col° Patridge & Col" Worthington with
such as the Hon^'® Board shall join be a Committee to farm out the Excise for the Coimty
of Hampshire In Council ; Read and Concur'd ; And Eleazer Porter Esq'' is joined in the
Affair Consented to by the Lieutenant Governor

In the House of Representatives Voted that Col" Marcy and Cap' Ayers with such as
the Hon^'is Board shall join be a Committee to farm out the Excise for the County
of Worcester. In Council ; Read and Concur'd ; And John Chandler Esq' is joined in the
Affair Consented to by the Lieutenant Governor

In the House of Representatives ; Voted that Col" Winslow & Col" Bradford with such
as the Honi^'e Board shall join, be a Committee to farm out the Excise for the County of
J'lymouth. In Council; Read and Concur'd; And John Cushing Esq"^ is joined in the
Affair — Consented to by the Lieutenant Governor

In the House of Representatives ; Voted that Col" Cotton & Col" Otis with such as the
Honb'e Board shall join, be a Committee to farm out the Excise for the County of Barn-
stable In Council ; Read and Concur'd ; And John Otis Esq"^ is joined in the Affair-
Consented to by the Lieutenant Governor

In the House of Representatives ; Voted that Cap' White and Cap' Cobb with such as
the HonW« Board shall join, be a Committee to farm out the Excise for the County of
Bristol In Council ; Read and Concur'd ; And George Leonard Esq'' is joined in the
Affair Consented to by the Lieutenant Governor

In the House of Representatives ; Voted that M"- Welles and Cap' Prebble with such as
the Hon^>« Board shall join, be a Committee to farm out the Excise for the County of

74:2 Province Laws. — 1753-54. [Notes.]

York In Council; Read and Concur'd; And Jabez Fox Esq^ is joined in the Affair
Consented to by the Lieutenant Governor

In the House of Representatives ; Voted that Col" Mahew & Cap* Norton with such as
the Honbie Board shall join, be a Committee to Fann out the Excise for the County of
Dukes County In Council ; Read and Concur'd ; And John Allen Esq'' is joined in the
Affair — Consented to by tlie Lieut Governor

In the House of Representatives ; Voted that M"^ Folger & M'' Richard Coffin "with such
as the Hon^e Board shall join, be a Committee to Farm out the Excise for the Countj^ of
Nantucket In Council ; Read and Concur'd ; And Josiah Coffin Esq"" is joined in the
Affair Consented to by the Lieutenant Governor " — Ibid., p. 60.

" Jane 19, 1753. In the House of Representatives ; Voted that the Committees of the
Several Counties through the Province appointed to farm out the Excise (the Counties of
Dukes County & Nantucket excepted) Insert in the publick Prints the Time and Place
designed for that Purpose ; And that the Commencem' of the Rates for s&id Excise is
on the ninth of July next In Council ; Read & Concur'd — Consented to by the Lieutenant
Governor." — Ibid., p. 61.

"September 13, 1753. The Committee for Letting out to Farm the Excise for the
County of Nantucket, for the present Year, reported that they had let out the same to
Obed Hussey for Twenty five Pounds seventeen shillings and had lodged his Bond in the
Treasury, Their Charge being £2. 4. 1. In the House of Representatives ; Read and
Accepted and Voted that the Sum of Two Pounds four shillings and one peny be
allowed and paid out of the publick Treasuiy in Discharge of the within Accompt — ^In
Council ; Read & Concur'd : — Consented to by the Governor." — Ibid., p. 87.

" September 14, 1753. The Committee appointed to let out to Farm the Excise for the
County of Hampshire for this present Year ; reported that they had let out the same to
Noah Ashley Esq"" for One hundred and thirty five Pounds and had lodged his Bonds in
the Treasury, The Committees Charges in the Affair being £1. 2. — In the House of Rep-
resentatives ; Read and Ordergd that the Report be Accepted, and that the Sum of One
Pound two shillings be allowed and paid out of the publick Treasury to the Committee in
full discharge of the foregoing Acco» In Council ; Read and Concur'd : — Consented to by
the Governor.

The Committee appointed to let out to Farm the Excise in the County of "Worcester,
for this present Year, reported that they had let out the same to John Hunt of Water-
town for the Sum of Two hundred and seventy two Pounds and had lodged his Bonds in
the Treasury, The Committees ChaVge being £2. 6. 8. In the House of Representatives;
Read and Voted that the above Report bo accepted ; and that the said Committee be
allowed and paid out of the publick Treasury the sum of Two Pounds six shillings and
eight pence in full Discharge of their Accompt.— In Council ; Read & Concur'd :— Con-
sented to by the Govern.'." — Ibid., pp. 90, 91.

" December 18, 1753. The Committee for letting out to Farm the Excise upon Strong
Drink in the County of Bristol; reported that Uiey had let out the same for the present
Year for the Sum of One hundred and thirty Pounds to Cap' George Morey of Norton,
taken his Bond and lodged it with the Treasurer ; Their Charge being £2. 9. 8 In the
House of Representatives Read and Ordered that the above Report be accepted ; And the
Sum of Two Pounds nine ■shillings and eight pence be allowed & paid to the s^ Committee
for their Trouble and Expence in Farming the s'^ Excise : In Council; Read & Concur'd
——Consented to by the Governor." — Ibid., p. 118.

" December 19, 1753. A Report of the Committee for letting out to Farm the Excise on
Strong Drink in the County of Barnstable shewing that they had let it out to David Gor-
ham Esq'' for the Sum of One hundred and thirty four Pounds two shillings and eight
pence, took Bond and lodged it with the Treasurer their own Acco* of Time and expence
being £1. 18. 8. — In the House of Representatives Read and Ordered that the above
Report be Accepted ; and that the Sum of One Pound eighteen sliillings and eight pence be
allowed and paid the said Committee for their Trouble and Expence in Farming said

Excise: In Council ; Read and Concur'd— Consented to by the Governor." — Ibid., p.

122.

" December 31, 1753. The Committee for letting out to Farm the Excise of Strong
Liquors &c in the County of Plymouth for this present Year, reported that they had let
out the same to Theophilus Cotton for Two hundi-ed and four Pounds, & had taken Bond
and lodged it in the Treasury ; Their own Charge being £3. 10. — : — In the House of
Representatives Read and Accepted ; And thereupon ordered that the Sum of Three
Pounds ten shillings be paid out of the Publick Treasury to the Committee in full for
their time & Expences in the Sale thereof— In Council ; Read & Accepted — Consented to
by the Governor " — Ibid., p. 134.

" January 9, 1754. The Committee for letting out to Farm the Excise of Strong
Liquours in the County of York for this present Year, reported that they had let out the
same to Elisha Jones for seven hundred IDollars for this present Year, had taken Bonds
and lodged them in the Treasury, Their own Charge being £2. 16. 8 In the House of
Representatives Read and Accepted and Ordered that the Sum of Two Pounds sixteen
shillings and eight pence be allowed and paid out of the publick Treasury to said Com-
mittee for their Time and Expence in farming said Excise In Council Read and Con-
cur'd— Consented to by the Governor." — Ibid., p. 147.

" The Committee for letting out to Farm the Excise on Strong Liquors in the County of
Essex, for this present Year, reported that they had let it out to M^ Jonathan Porter (who
purchased it for Mr John Hunt) for the Sum of One Thousand and two Pounds thirteen
shillings and four pence, had taken Bonds and lodged them in the Treasury their own
Charge being £6. 10. 9. — In the House of Representatives; Read and Accepted, And
Ordered that the Sura of Six Pounds ten shillings and nine pence be allowed & paid out of
the publick Treasury to si^ Committee in full for their time and Expence in farming s"*
Excise. In Council; Read and Concur'd — Consented to by the Governor." — Ibid.

" January 21, 1754. The Committee appointed to let out to Farm the Excise on Strong

[Notes.] Pkovince Laws. — 1753-54. 743.

Drink in tlie County of Middlesex reported that they had let out the same to William
Story for the Sura of Seven hundred and thirty six Pounds, and have taken Bonds and
lodged them in the Treasury ; Their own Charge being £2. 8. 2 — In the House of Repre-
sentatives ; Read and Accepted and Ordered that the said Committee be allowed and paid
out of the publick Treasury the Sum of Two Pounds eight shillings and two pence in full
for their Time & Expences in farming said Excise In Council ; Read and Concur'd — Con-
sented to by the Governor." — Ibid., p. 171.

Chap. 8. " June 2''<5 1753. A Memorial of Andi-ew Oliver Esq'' Thomas Hubbard Esq'
M"^ Thomas Greene and others, Shewing that a Number of Gentlemen of this Province
from a View to the Publick Good, have entered into a Voluntary Subscription for raising
Monies to promote Industry and employ the Poor, more especially in the Linen Manufact-
ure, and have put then- Afliiirs into the immediate Managem' of the Memorialists, and
have directed them to make Application to this Hon'^'^ Court for their Countenance and
Assistance ; Therefore Praying for the same more especially that they would provide a
pubUck Building for Carrying on said Manufacture to be under such regulations as the
Court shall judge fit.

In the House of Representatives ; Read & Ordered that M' Welles, Col" Wlnslow, Col°
Otis, Colo Buckminster, Col'^ Patridge & Col" I.awarance with such as the Hon'^''' Board
shall appoint, be a Committee to take the Subject Matter of this Memorial under Consider-
ation and report what they judge Proper for this Court to do thereon.

In Council ; Read and Concur'd ; And Benjamin Lynde, John Cushing, Samuel Watts,
John Quincy, Sylvanus Bourn, & Eleazer Porter Esq^^^ are joined in the Aflfiiu-." — Ibid., p. 35.

" June 8, 1753. Samuel Watts Esq' from the Committee of both Houses on the Petition
of Andrew Oliver Esq'' and others referring to the Linnen Manufacture, reported as follows

The Committee to whom was refer'd the Petition of Andrew Oliver Esq' & others. Hav-
ing carefully Considered the Contents thereof, & visited the Places where their Manufactures
or Business are carried on or transacted ; and very particularly inquired into their Designs,
Doings and proceedings, are fully of Opinion That their Projection is of great and universal
Importance to this Province, & very much deserves the Countenance and Encouragement
of the Gi-eat and General Court; and accordingly the Committee are humbly of Opinion,
That a suitable p** of Land be purchased some where in the Town of Boston, & thereon a
House built convenient for carrying on the Linen Manufacture ; And that the Petitioners •

and their Successors in the Care and Oversight of said Manufacture, have the use of the
said House and Land Rent free untill this Court shall otherwise Order ; ancl that every
Town in this Province have Liberty if they see cause, to send, at least, one Person to said
House to be instructed in any or every Branch of the Linen Business Gratis. It is com-
puted that aljout Fifteen hundred Pounds will be requisite ; and for Raising this Sum It
is proposed that a Duty be laid on all Coaches, Chariots, Chaises, Calashes & Riding Chairs
within the Province and that the Pef^ have Leave to luring in a Bill accordingly : All which
is humbly Sulnnittcd By Oi'der of the Committee Sam" Watts

In the House of Representatives Read and Oi'dered that this Report be Accepted, And
that the Petitioners have Liberty to bring in a Bill for the Purposes within menfi

In Council ; Read and Concur'd." — Ibid., p. 43.

" The anniversai-y of the Society in Boston for encom'aging industry and employing the
poor was celebrated with extraordinary attention. In the afternoon, about three hunckcd
young female spinsters, decently dressed, appeared on the common at their spinning wheels.
The wheels were placed regularly in three rows, and a female was seated at each wheel.
The weavers also appeared, cleanly di'esscd, in garments of their own weaving. One of
them, working at a loom on a stage, was carried on men's shoulders, attended with music.
An immense number of spectators was present at this interesting spectacle. Rev. Dr.
Cooper preached a discourse, and a collection was made for the benefit of the institution.
A Manufactory house, a large and handsome Ijrick building, was erected about this time in
Longacre street ; and an excise, laid by the general court on carriages and other articles of
luxury, was appropriated to it. Its original design was for carrying on manuflicturcs in
the town, particularly the linen manufacture ; but ' some untoward cu-cumstances taking
place,' that manufacture was wholly set aside. The Institution continued but three or four
years." — Holmes's Annals, vol. 2, p. 193, Mid note ; sub anno, Yl^'i.

" January 8, 1755. Report of the Trustees for the Encouragement of the Linnen Manu-
facture ;

Pursuant to an Order of the Great & General Court, laying a Tax on certain Wheel
Carriages, in order to raise the Sum of Fifteen hundred Pounds, to encourage the IManu-
facture of Linnen; We the Subscribers, appointed Trustees for that Purpose, humbly offer
an Account herewith of what we have received by Virtue of said Act, before the first of
October 1754, amounting to £128 19^ 3'' Lawful Money; out of which we have paid £115.
towards pm-chasing a Peice of Land, whereon has been erected a House for carrying on
said Manufacture ; We beg leave to report that we have been obliged tho verj- unwil-
lingly, to sue many Persons who have been deficient in their Payments ; and fear ^ve shall
be obliged to sue many more, who are deficient the Currant Year,

Thomas Gunter Middlecot Cook Andrew Oliver

William Bowdoin William Clarke Thomas Gueene.

In the House of Representatives ; Read & Accepted : In Council ; Read & Concur'd ;

Consented to by the Goveniour." — Council Records, vol. XX., p. 371.

" The passing of Laws in the Plantations for encouraging ^Ianuflc^ares, which any ways
interfere with the manufactm'cs of this Kingdom, has always been thought improper and
has ever been discouraged. The great expence A^■hich this Country has been and is still at
for the defence and protection of the Colonies, M-hile they on the otlicr hand conhilnite little
or nothing to the taxes with which it is burthcn'd, gives it a just claim to restrain them in
such attempts. And altho' the great importation of foreign Linncns docs in some sort take
off the objection to a Linnen Manufacture in the Colonys 3-ct as Parliament has lately and
particularly this year given great encouragement to this Manufactiu-e here, We deske yc'

744 Province Laws. — 1753-54. [Notes.]

will be cautious of assenting to Laws of this kind for the future."— Lords of Trade, to
Governor Shirley, April 13, 1756 ; " Mass. Bay, B. T.," vol. 84, p. 327, in Public Record
Office.

Chap. 16. " December 13, 1752. The Bill to incorporate William Starkey & others into
a Society by the Name of the Marine Society, was read again & Debated in Council ; And
then

Voted that the said Bill be refer'd over to the next Session." — Council Records, vol.
XIX., p. 510.

" December 26, 1753. A Petition of Jonathan Clarke and others a Committee of the
Persons commonly called the Marine Society, Praying that their former Petition may be
revived, and that they may be allowed to bring in a Bill for their Incorporation

In the House of Representatives Read and Ordered that the Prayer of the Petition be
granted ; and that the Petitioners have Liberty to bring in a Bill accordingly In Council
Bead and Concuvd.."— Ibid., vol. XX., p. 127.

Chap. 23. "'April 15* 1754. In the House of Representatives Whereas sundiy Disputes
have arisen whether the Town Officers chosen in the Month of March last, & did not take
the Oath relating to the Receiving & Passing the Bills of the oiher Governments untill this
present Month of April, should take the Oath prescribed by the former Law relating to the
receiving or passing the said Bills, or the Oath prescribed by the last Law relating thereto;
and many Inconveniences being likely to arise therefrom ; Therefore Ordered that the
several Persons chosen to any Town Office, in any of the Towns within this Province, in
the Month of March last, & shall take the Oath prescribed by the last Law relating to the
receiving or passing the said Other Government Bills, shall l)e held & deemed qualified to
Serve in said Office, as th6 they had taken the Oath prescribed by the said former Law,
and likewise those Persons who were chosen to any Town Office in the Month of March
last, & have in this present Month of April taken the Oath prescribed by the said last Law
shall be deemed & held qualified to serve in the said Town Offices, as tho' they had taken
the Oath prescribed in the said former Law : In Council Read & Concur'd

Conrented to by the Goyernom."— Ibid., p. 220.

♦' October 25, 1754. A Petition of the Selectmen of the Town of Pelham in the County
• of Hampshire, setting forth the great Difficulties the Inhabitants of said Town are under,

by reason of their Assessors & Collectors of Taxes neglecting to take the Oath respecting
the Bills of Credit of the Neighbouring Governments, Praying that this Court would give
such Order thereon, as also in Respect of the Repairs of then: Highways, as may be neces-
sary for the Relief of the said To'mi.

In the House of Representatives, In order to remedy the Inconveniences and Difficul-
ties, which the Town of Pelham have fallen into, mentioned in the Petition of the Select
Men of said Town, exhibited to this Court. Voted & Ordered that the Constables &
Collectors of said Town, of all and every the Assessments whether Province, Town or
County, who have been chosen and swonie to those Offices in said Town, either in the
Month of March 1750, or in any other Year since, before the Month of March last, and
who have not finished and perfected their Collections of the Sum total of the several As-
sessments, which within that time have been made ; of any Sums lawfully ordered, set or
granted to be assessed on the Inhabitants of said Town, and Assessed by Assessors who
had taken the Assessors Oath, be and hereby are impowered to finish & perfect their
Collections, of all such Assessments, and to enforce the Payment of all such Sums in
which particular Persons arc and have been assessed in said Assessments, which remain
unpaid by all such Ways and Methods as Constables and Collectors of Taxes, in all
respects qualified are impowered to do by Law : And that said Constables and Collectors
of Pelham shall be accountable to the Province Treasurer, Treasurer foe the County of
Hampshire, and Treasurer of the said Town of Pelham for the time being respectively for
all the respective Sums which have been or shall be collected on Province, Town & County
Assessments, and shall be compelled and obliged to pay in all sucli Sums to said Treas-
urers respectively to whom they arc due by all such Ways & Means as qualified Constables
and Collectors may by Law be obliged to do.

And it is further Ordered that the Surveyors of Ways for said Town in the Year 1750,
and in each succeeding Year since ; shall render to the Surveyor of Ways for said Town
for the time being, a true Account of all those Persons who did not do and perf irm their
proportionable Part of Work, at making and maintaining Ways in said Town, during the
time that the Surveyors of Ways for said Town were not qualified, by taking the Oath
required by Law, respecting the Bills of Credit of the Neighbouring Governments : And
said Surveyors of Ways for the time being, are hereby directed and impowered to order
and oblige all such Persons, as in that time neglected to do their Proportion of Work at
the Ways, in the first Place to do and perform so much Work at the Ways in said
Town, as shall be equal to the whole of each respective Polls Proportion, thro' the whole
time aforesaid, which Work such Persons have neglected to perform, before they shall
proceed to notify and order the Inhabitants of said Town in general to begin and enter on
a Course of Work at the Ways, to be performed in a legal Proportion by all the Inhabi-
tants of said Town, without any respect to former Defects of any of said Inhabitants. In
Council; Read & Concur'd; Consented to by the Govemom:"— Ibid., p. 291.

Also, see 1752-53, chapter 19, and note.

Chap. 33. " January 10, 1749. In Council, Whereas the usual time for holding the Court
of General Sessions of the Peace & Inferior Court of Common pleas for the County of
Barnstable, will be on the third Tuesday of January Instant, and whereas several of the
Justices of the said Court of Sessions cSc Common |)lcas are Members of tho General Court,
& divers important Affairs are now depending — Therefore Ordered that the said Court of
General Sessions of the Peace, & Inferior Court of Common pleas fur the said County of
Barnstable be and hereby are adjourned to the third Tuesday of February next; and all

[Notes.] Province Laws. — 1753-54. 745

persons whom this Order may concern are to govern themselves accordingly In the

Houi=e of Representees Read & Concur'd Consented to by the Lieut Governor." — Ibid.,

vol. XIX., p. 121.

" January 27, 1749. In Council, Whereas the Court of General Sessions of the Peace &
Inferior Court of Common pleas for the County of Barnstable, appoiTitcd by Law to be held
on the third Tuesday of January Instant was by this Court adjourned to the third Tuesday
of February next, which happens to be so near to the next Session of the said Courts
in sd County that it is Apprehended considerable charge may be saved to s'' County if
said Court should be further Adjourned to the time of their next Sitting Therefore Ordered
that the said Courts of General Sessions of the Peace and Inferior Court of Common
pleas, which were by this Court adjourned to the said third Tuesday of February next be
& hereby are further Adjotirned to the third Tuesday of March next ; and all persons whom
this Order may concern are to govern themselves accordingly In the House of Repre-
sent^*^* Read & Concur'd. Consented to by the L'- Governor." — Ibid., p. 141.

Chap. 35. " As this Act gives to the new Town all the Privileges of any other Town, of
which we apprehend that of sending a Representative to the General Court is one, it ought
not to have been passed without a suspending clause. Agreeable to the Addition Instruction
given to you in the Year 1743, founded upon the complaint then made of the great increase
of the number of the Assembly, by this practice of splitting Towns and erecting new ones ;
But as the repeal of this Law upon this account might be attended with great inconvenience,
We shall content ourselves with desiring that you will for the future be more cautious of
assenting to Laws of this sort." — Lords of Trade, to Governor Shirley, ut supra, cap. 8,
note.

" We must beg leave to acquaint Your Lordships that as the Inhabitants of the said new
Town are thereby invested with all the po\N'ers and privileges that the Inhabitants of any
of the Towns within the Pjpvince are or ought by law to be vested or endowed with (which
words comprehend the privilege of sending a Representative to the Assembly) it ought not
to have been passed, without a Clause suspending its execution until His Maj'>'^ pleasure
might be known, as required by an additional Instruction which in order to prevent the
exorbitant increase of the number of Representatives in Assembly His Majesty was pleased
to give to Gov. Shirley in the year 1743 ; However as the said Act must have been in a
great measure carried into execution and sums of money may have been levied on the
Inhabitants for the purposes therein mentioned and the Repeal of it may be productive of
much confusion and inconvenience We shall not therefore propose to Your Lordships that
the said Act may receive His Majesty's disallowance but We shall think it our duty to
dii-ect M'' Shirley to take especial care for the future to pay a strict regard and obedience to
the said Additional Instruction.

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

Dtjnk Halifax

SoAME Jentns
Whitehall \ Ricnn Rigbt

April 13* 1756. S Jame^ Osavald "

—Report of Lords of Trade : " Mass. Bay, B. T.," vol. 84, p. 330.

Chap. 38. " June 4*i> 1754. In the House of Representatives ; Voted that John Murray
Esq"": be & hereby is impowered to issue a Warrant to some Principal Inhabitant of the
Town of Petersham, in the County of Worcester, requiring him in his Majesty's Name to
warn & notify the said Inhabitants qualified to Vote in Town AfFaii-s, that they meet
together at such Time and Place in said Town, as by said Warrant shall be appointed, to
chuse such Officers as Towns chuse in the Month of March annually ; And said Officers
shall be enjoined to take the Oaths now required by Law to be taken by Town Officers, as
also to transact such other Matters & Things relating to High Ways, as may be expressed

in said Warrant : in Council Read & Concurr'd ; Consented to by the Governour."—

Council Records, vol. XX., p. 251.

Chap. 40. " March 28, 1754. • • » •

I must apprize you likewise that tho' I have sent Orders to Cpt Lithgow for puting Rich-
mond Fort into as good a Posture of Defence as the ruinous State would admit, which the
imminent Danger it may be in from a sudden Attack made necessary for me to do. Yet I
cann't but think that all Money expended upon the Repairs of it above what the present
Emergency makes absolutely necessary, will be an useless Expence to the Province, it
being so far decayed as not to be capable of being made Strong by any Repairs whatso-
ever."— Extract from Governor Shirley's speech to the Assembly, Council Records, vol. XX.,
p. 186.

" April 10, 1754. * * * »

We look upon it to be of absolute necessity that the French should at all Events be pre-
vented from making any Settlements whatsoever on the River Kennebeck, or the carrying
Place at the head of it.

As Richmond Fort on that River is in a decaying State, We desire your Excellency to
order a new Fort to be erected of about one hundred & twenty feet square, as far up the
River above Richmond Fort as your Excellency shall think fit, and to cause the Garrison,
Artillery & Stores at Richmond to be removed to the new Fort and the old one to be
dcmolisl>ed

We pray your Excellency likewise to order a sufficient Force up to the carrying Place to
remove any French that may be settling there : But as we apprcliend that our Success
under Providence will depend very much on your taking this Affair into your immediate
Care & Direction : We therefore pray your Excellencv to submit to the Inconveniences of
a Voyage to the Eastern parts of the Province ; and there to give such Orders for the Pur-

746 Province Laws. — 1753-54. [Notes.]

poses aforesaid as you shall find necessary. And that your Excellencys Person may be
secure agahist any Attempts of French or "Indians; And" you may be enabled to effect the
Building the Fort aforesaid, and to destroy any French Settlement that may be carrying
on, We will make Provision for the Pay & Subsistence of Five hundred "Men, W'hicb
Number (including the six independent Companies already ordered), We desire you to
cause to be inlisted, as you shall think proper,

We will also make ample Provision for your Excellencys Voyage, and for an Interview
with the Indians, if you shall find it expedient, We hope by your Excellencys prudent
Management, these Indians will be convinc'd that it is their "interest to continue at Peace
with Us, and as we are sincerely desirous that every thing may be done, which may tend
to perpetuate the same, we will readily defrey the Charge of supporting & educating a
considerable Number of the principal Indian Children, If your Excellency can prevail on
their Friends to agree to it." — Extract from an answer of the Assetnbly to the Governor's
speech. Ibid., p. 210.

" April 11*1' 1754, In the House of Representatives, Whereas the Fort at Richmond is in
a very ruinous Condition, & past Repair, and a more suitable Place may be found further
up Kennebeck River whereon to erect a new One ; And in Asmuch as it is the earnest
Desire of the Two Houses, that His Excellency the Govcrnour would take the Trouble of
a Voyage to the Eastern Parts of this Province, to give Directions concerning this Fort, as
well as other important Matters ; And the two Houses have also concluded to desire his
Excellency to give Orders for Inlisting five hundred Men, including Officers to attend his
Commands Eastward ; As also that Commissioners with a Present to the six Nations from
this Province shall attend the General Convention at Albany in June next;

Therefore, for carrying on & accomplishing these Purposes & no other The House now
grant the Sum of Five Thousand, three hundred Pounds, and for supplying the Treasury
direct the Province Treasurer to borrow the said Sum of Five Thousand, three hundred
Pounds on lawful! Interest for a Term not exceeding One Year, as soon as may be;
and that as a collateral Security, the Excise for the Year 1753, t)c mortgaged,

And it is also Voted that his Excellency be desired to issue a Proclamation, as soon as
he shall think proper for enlisting the Men, as above proposed, for a Time not exceeding
three Months, upon the Bounty of Forty shillings at enlistment, & the Wages of Twenty
shillings & eight pence per Month ; Which this House now Vote shall be given private
Centinels; And that the Wages of Officers shall be in proportion, In Council; Read &
Concur'd — Consented to by the Governour." — Ibid., p. 215.

" June 8"» 1754. His Excellency sent to the House, the following Message by the
Secretr

Gentlemen of the House of Representatives,

I have this Morning received a Memorial from Coll" John Wlnslow (whom I have
appointed the Chief Commander of the Forces raised & to be raised for the Service East-
ward) Wherein he signifies to me that upon Mustering the five hundred Men first
ordered to be raised, there are only one hundred & ninety seven Men that Come provided
with effective Arms, so that there will be wanting three hundred & three Arras for equip-
ing the Men already raised, besides the dificiency that may happen among the Three hun-
dred still to be raised. As you will find upon reading the said Memorial, which I herewith
send unto you.

Now, Gentlemen, I know no other way of supplying this great Dificiency, upon this
Emergency, than by borrowing so many Arms as will be necdfull out of the several Town
Stocks, with the Engagement of this Court to restore the same after the Service shall be
over, in as good Condition as they were received; or making the whole good Ijoth as to
Number & Quality : If you can find out any better Way it will be very acceptable to Me ;
But something must forthwith be effectually done by this Court, Otherwise this important
Service will be greatly impeeded if not utte'rly fustrated." — Ibid., p. 258.

_" The Massachusetts assembly was influenced by the friends of the governor, to address
him to raise a small army, and to order a dctacMinient to this supposed settlement, and, if
the rumour should be well founded, to break it up; and, at all events, to secure by forts
the passes from Quebec, for New England, by the way of Kennebeck. The assembly
also desired him to go into the eastern part of the province, and there to take upon him-
self the immediate direction of the affair. He accordingly made a voyage from Boston,
to Falmouth in Casco Bay, and took with him a quorum'of his council, and several prin-
cipal members of the house, who, having, by their advice, been instrumental in promoting
his measures, would think themselves bound, upon their return, to promote a sanction of
them in the general asseml)ly.

He first held a treaty or conference with the Indian chiefs at Falmouth, to prevent their
being alarmed from fear of hostilities against them ; and then ordered the forces which he
had raised, consisting of eight hundred men under the command of Mr. John Winslow,
who had been a captain in the royal army at the siege of Carthagcne, and was on half
pay, to the river Kennebeck. There they first built a fort, about three quarters of a mile
below Tacomlck Falls, and about thirty-seven miles above Richmond fort. This new fort
took the name of Halifiix, out of respect to the then secretary of state. A number of per-
sons who claimed a tract of land upon this river, under a long dormant, and lately-revived
grant from the assembly of the colony of New Plymouth, obtained leave from the gov-
ernor to erect another fort, eighteen miles below "the first, at a place called Ciishnock.
This he called Fort Western from a gentleman of his acquaintance in Sussex, in England;
and in each fort a garrison was placed in the pay of the province.

Five hundred men then marched to what was called the carrying-place, and to a pond
which they supposed to be half way over it, without finding any marks of French or In-
dian settlements, made or Intended to be made ; and then returned to Casco Bay.

Thus ended this expedition, which was very expensive; and though it was, in every
part of it, the project of the governor, yet, as it had the appearance of originating in the
assembly, there was no room for complaint." — Hutchinson's History of Mass., vol. 3, pp.
25 and 26.

ACTS,

P-ASSED 1754-55.

[7471

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-ninth day of May, A. D. 1754.

CHAPTEK 1.

AN ACT FOR IMPOWERING THE CORPORATION OF HARVARD COLLEGE,
IN CERTAIN CASES, TO ALIENATE LANDS OR OTHER REAL ESTATE,
AND TO MAKE SALE OF A FARM IN BILLERICA.

Whereas the president and fellows of Harvard College, by virtue Preamble.
of the charter of incorporation granted them b}' the general court of the
late colony of the Massachusetts in the 3'ear 1650, are impowered to
purchase and acquire to themselves, or take and receive upon free gifb
or donation, any lands, tenements or hereditaments, not exceeding the
value of five hundred pounds per annum ; but no power is given them,
by the said charter, to alienate any lands or other real estate whatso-
ever ; which in some cases may be necessary for promoting the good ends
designed in their incorporation, —

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

[Sect. 1.] That where the president and fellows of Harvard College President and
are, or shall become, seized of any lands, tenements or hereditaments, vardTfoHege'"^*
by virtue of a judgment recovered on any mortgage, or by virtue of an ^^keTT'^'V*"
execution for the satisfaction of a judgment in any personal action (the lands.
time allowed by law for redemption being expired), it may and shall be
lawful [1] for the said president and fellows, and they are hereby author-
ized and impowered, with the advice and consent of the overseers of
said college, to make sale of such lands, tenements and hereditaments,
or any part thereof, and to execute deeds effectual in law for convening
the same ; the monies arising by such sales to be applied to the uses in
the said charter mentioned, and to no other use or purpose whatsoever.

And whereas it hath been represented to this court that it would be
for the interest of the said college, if sale were made of a certain farm or
tract of land, belonging thereto, which is situated in that part of the
town of Billerica called Shawshin, —

Be it therefore enacted,

[Sect. 2.] That it shall be lawful[l] for the president and fellows President, &c.,
of said college to make sale of the said farm or tract of land, and they L°f"ira in*'Bu-°^
are hereby authorized to give and execute a good and sufficient deed or 'erica.
deeds of conveyance of the same ; the proceeds of such sale to be vested
in other real estate, which they may judge will be of greater advantage
to that society. [^Passed June 7 ; published June 20. .

[749]

750

Pkovince Laws. — 1754-55. [Chaps. 2, 3.]

CHAPTEK 2.

AN ACT TO ENABLE JOHN PAYNE OF BOSTON, GENTLEMAN, TO ATTEST
CERTAIN RECORDS IN THE PROBATE OFFICE OF THE COUNTY OF
SUFFOLK.

Preamble.

John Payne,
gentleman, em-
powered to at-
test records.

Whereas the records in the probate office of the county of Suffolk,
from the seventeenth day of February, one thousand seven hundred and
forty- three, until [1] the first day of February-, one thousand seven hun-
dred and fifty-four, have not been attested by the register of probates
for said county ; and ivhereas John Payne of Boston, gentleman, for
and during the whole term aforesaid, has acted as a clerk in said office,
and all original papers registred in the books of said office have, by the
said Payne, been compared with the registry or records, before such
papers were delivered out of said office, —

Be it therefore enacted by the Governour, Council and House of
Iiepresent[^ati']ves,

That the aforesaid John Payne be, and he hereby is, fully authorized
and impowered to attest the books of records of the said probate office,
from the seventeenth day of February, one thousand seven hundred
and forty-three, until[l] the first day of February, one thousand seven
hundred and fiftj^-four, having been first sworn to the faithful perform-
ance of his trust ; and all records in said office during the term afore-
said, so attested, shall be, and are herebj' declared, to all intents and
purposes as valid and effectual as if such attestation had been made by
the register of probate for said county, duly appointed by the govern-
ourwith the advice and consent of the council. \^Passed June 11 ;*
published June 20.

CHAPTER 3.

Preamble.

No person to
sell tea, coffee.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SUNDRY
ARTICLES HEREAFTER ENUMERATED, FOR AND TOWARDS THE SUP-
PORT OF HIS MAJ[£S]TY'S GOVERNM[£iV]T OF THIS PROVINCE,

We, your majesty's most loyal and dutiful subjects, the represent-
[a^ijves of the province of the Massachusetts Ba}-, in general court
assembled, have chearfull}^ and unanimously granted and do hereby
give and grant unto his most excellent majest}', to be applied to the
support of his maj[es]ty's governm[ew]t of this province, according to
such acts, votes or orders of the general court as shall hereafter be
made for that purpose, an excise upon the several articles hereafter
named ; and, —

Be it accordingly enacted by the Governour, Council and House of
Mepresent^atQveSy

[vSect. 1.] That there shall be paid for all tea, cofi"ee, and East-
India ware, called china-ware, the sundry duties following ; viz"^'^., —

For every pound of tea, fourpence.

For every pound of coffee, one penny.

For all East-India ware, called china-ware, five per cent ad valorem
at the retail price.

And be it further enacted,

[Sect. 2.] That from and after the first day of July next, and
until the first day of July w[/ii]ch will be in the year of our Lord one

* June 10, according to the record.

[1st Sess.] Province Laws. — 1754-55. 751

thous[an]d seven huuclred and tift3'-six, no person or persons whatso- ana china-ware,
ever, other than such as shall obtain licen[s][c]es from the justices in ^'^1^0"* ''cense.
general sessions to sell tea, coflfee and -china-ware, unless as is herein-
after provided, shall directly or indirectly, by themselves or any under "
them, presume to sell the same ; and every person so licen[s][c]ed shall
give bond, with sufficient sureties, for their well and truly paying the
duties laid on those articles he or they shall be licen[s][c]ed to sell,
and that he or they will use his or their licen[s][c]e in such house or
houses as shall be therein named, and no other; and that he or they
will render to the farmer or his deput}', on oath, a just and true
account of all commodities by him or them sold, from time to time,
and pay unto the said farmer or his deputy, at the end of every half
3'ear, the sum or sums of excise that may arise pursuant to this law.

Provided, nevertheless, —

[Sect. 3.] It shall and ma}'' be lawful to sell or dispose of any tea Proviso.
or china-ware to any person whatsoever, in case such tea or china-ware
be in a chest or package as imported, and not less in value than twenty
pounds lawful money ; and also to sell or dispose of any coffee to any
person whatsoever, in a quantity not less than one hundred weight ;
and also for any person, at the time of the publication of this act pos-
sessed of any of the said commodities, to sell or dispose of the same, in
any quantities whatsoever, to such persons as are licen[s][c]ed to sell
and retail the same, anything in this act to the contrary notwith-
standing.

Provided, always, and it is the true intent and meaning of this act, —

[Sect. 4.] That if any person licen[s][c]ed to sell any of the Proviso,
aforesaid commodities shall purchase them of anj^ other person
licen[s][c]ed to sell the same, such purchaser shall not be held to pay
an excise on any quantity so purchased.

And be it further enacted,

[Sect. 5.] That the said licen[s][c]e be renewed yearh'-, and bond Licenses to be
given as afores[ai]d ; and that the said licen[s][c]es be renewed to no "■''"^^^'^ y^^'iy.
persons whatever, unless he or they before their receiving the same pro-
duce certificate, under the hand of the farmer or his deput}', of his or
their having paid the full of the excise due from'them as afores[ai]d.

And be it further enacted,

[Sect. 6.] That if any person or persons not licen[s][c]ed as afore- Fine for selling
said, unless as is herein provided, shall, from and after the first day of ^^'^°"* ""=«°«®-
Jul}^ next, presume, directly or indirectl}-, b}' themselves, or any under
them, to sell any tea, coffee or china-ware, by any quantit}-, weight,
number or measure, he, she or they shall, for every such offence, on due
conviction, forf[ie][ei]t and pay the sum of four pounds, one half to
the informer and the other half to the farmer, the manner of conviction 1753.54, chap, 5,
to be the same as of persons selling strong liquors without licen[s][c]e, §^-
as is by law alreadj^ provided.

And to the end the revenues arising from the afores[ai]d duties of
excise may be advanced for the greater benefit and advantage of the
publick, —

Be it further enacted,

[Sect. 7.] That one or more persons, to be nominated and appointed ^"^'t^^" *^*'
by the general court, for and within the several counties within this farmed. ^
province (publick notice being first given of the time and place and
occasion of their meeting), shall have full power, and are hereby
authorized, from time to time, to contract and agree with any person
for or concerning the farming the duties in this act mentioned upon tea,
coffee and china-ware in the respective counties for which they shall
be appointed, as may be for the greatest prof[f]it and advantage of the
publick, so as the same exceed not the term of one year after the com-

752

Province Laws. — 1754-55.

[Chap. 3.]

Farmer to have
power to inspect
houses.

Farmer to give
bond.

Treasurer to
sue out the
bonds, in case.

Committee for
letting out to
farm said duties
to be account-
able to tho gen-
eral court.

Farmer may ap-
point deputies,

— may com-
pound with li-
censed persons,

— and sue for
excise.

Farmer's fine, In
case of conni-
vance.

menceiD[en]t of this act. And every person to whom the duties of
excise in any county shall be let or farmed shall have power to inspect
the houses of all such as are licen[s][c]cd, and of such as are suspected
of selling without licen[s][c]e, and to demand, sue for and recover the
excise due from licen[s][ce]d persons by virtue of this act.

And be it further enacted,

[Sect. 8.] That the farmer shall give bond, with two suflSciont sure-
ties, to the province treasurer for the time being, and his successors in
said office, in double the sum of money that shall be contracted for,
with condition that the sum agreed be paid into the province treas-
ur[y][er] for the use of the province, at the expiration of one j-ear
from the date of such bond, which bond the person or persons to be
appointed a committee of such county are to take, and the same to
lodge with the treasurer as afores[ai]d within twenty days after such
bond is executed. And the said treasurer, upon failure or neglect of
paym[e7i]t at the time therein limited, shall and is hereby impow[e]red
and directed to issue out his execution, returnable in sixt}' days, against
such farmers of excise and their sureties, or either of them, for the full
sum express'd in the condition of their bonds, as they shall respectively
become due, in the same manner as he is enabled by law to issue out
his executions ag[am]st defective constables ; and the said comm[/«]ee
shall render an acco[Mn]t of their proceedings touching the farming
this duty on tea, coffee and china-ware aforementioned in their respect-
ive counties, to the gen[era]l court in the first week of their fall ses-
sions, and shall receive such sum or sums for their trouble and expence
in said affair as said court shall think fit to allow them ; and every
person farming the excise in any county may substitute and appoint
one or more deputy or deputies under him to collect and receive the
excise aforesaid which shall become due in such county, and pay in the
same to such farmer, which deputy or deputies shall have, use, and
exercise all such powers and authorities as in and by this act are given
or com[m]itted to the farmers for the better collecting the duties afore-
s[ai]d, or prosecuting of offenders against this act.

And be it further enacted, anything hereinbefore contained to the con-
trary notwithstanding,— r-

[Sect. 9.] That it shall and may be lawful to and for the said farm-
ers, and every of them, to compound and agree with any person or
persons 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 discre-
tion, shall think fit to agree for ; and all and every person or persons to
whom the said excise, or any part thereof, shall be let or farmed by
themselves or their lawful substitutes, may and hereby are impowered
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 cognizance,
any sura or sums that shall grow due for any of the aforesaid duties
of excise, where the party or parties from whom the same is or shall
become due shall refuse or neglect to pay the same.

And be it further enacted,

[Sect. 10.] That in case any person farming the excise as afore-
s[ai]d, or his deputy, shall, at any time during their continuance in said
office, wittingly and willingly connive at or allow any person or persons
within their respective divisions, not licen[s][c]ed by the court of gen-
eral sessions of the peace, their selling any tea, coffee or china-ware,
such farmer or deputy, for every such offence, shall forfeit the sum of
fifty pounds, and cost of prosecution, one half of the penalty aforesaid
to be to his majesty for the use of the province, the other half to him or
them that shall inform and sue for the same, and shall thenceforward be
forever disabled from farming the same.

[IstSess.] Pkovince Laws.— 1754-55. 753

And be it furtJier enacted,

[Sect. 11.] That in case of the death of the farmers of excise in Executors or
any counties, the executors or administrators of sach farmer shall, upon of dcc'eased"'^^
their taking such trust of executor or administrator upon them, have farmers to 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 this act.

And be it further enacted,

[Sect. 12.] That the justices in the several counties be and hereby Court of sessions
are impow[e]red, at their several sessions during the continuance ^f *« give license.
this act, to grant licen[s][c]es for the selling and retailing any of the
afores[ai]d articles, to all such fit and proper persons as shall apply to
them for the same ; and all persons desiring licen[s][c]es, are hereby
directed to appl}' to the justices in sessions for said licen[s][c]e accord-
ingly, they taking bonds, with sufficient sureties, to secure the full value
of the excise on tea, coffee and china-ware, which it is probable may be
sold by the persons petitioning for such licen[s][c]e ; and the person
receiving such license, shall pay no other or greater fee than two shil-
lings in the whole, one shilling to the court, and one shilling to the
clerk, for his or her licence and bond afores[ai]d.

And be it further enacted,

[Sect. 13.] That in such counties where the courts of general ses- —or two jus.
sions of the peace shall not sit in thirty days after s[ai]d first of July «<=es, in case.
next, it shall be in the power of two of his maj[es]ty'8 justices of the
peace in such count}', quorum unus, to grant licen[s][c]es for selling
the commodities afores[aj]d, to all such persons as shall apply for the
same, upon giving the security by this act required ; and the justices'
granting such licen[s][c]e, and returning a certificate thereof, under
their hands, to the next court of general sessions of the peace, shall be
adjudged sutficient • to entitle the person so licen[s'][ce]d, to sell said
commodities for one j^ear next after said certificate is so returned.
[Passed and published June 16.*

CHAPTER 4.

AN ACT FOR PUNISHING OF OFFICERS OR SOLDIERS WHO SHALL MU-
TINY, OR DESERT HIS MAJESTY'S SERVICE.

"Whereas this governm[e7i]t have judg[e]'d it necessary that a num- Preamble.
ber of forces should be raised and levied for the safety and defence of
this province, and of his majesty's subjects and interest therein ; and
whereas no man may be forejudg'd of life or limb, or subjected to any
kind of punishm[ew]t by martial law, or in any other manner than by
the judgm[6n]t of his peers, and according to the known and established
laws of the province ; yet, nevertheless, it being requisite for retaining
such forces as are or shall be raised for his mai[es]ty's service on the
present occasion in their duty, that an exact discipline be observed, and
that soldiers who shall mutiny or stir up sedi'.ion, or shall desert his
raaj[es]t3''s service, be brought to a more exemplary and speedy pun-
ishm[en]t than the usual forms of law will allow, —

Be it therefore enacted by the Govern[ou']r, Council and House of
Bepres^entati'] ves,

[Sect. 1.] That every person that shall be in his maj[es]t5''s ser- Punishment for
vice, being mustered and in pay as an oflScer or soldier, who shall, at J^"q|'&c.*'^^'
any time during the continuance of this act, excite, cause or join in any
mutiny or sedition in the army, company, fortress or garrison whereto

* June 20, according to the date of publishment on the printed act.
95

754

Province Laws. — 1754-55.

[Chap. 4.]

Captain.general
may grant com-
mission
inar courts-mar-
tial

Their power.

Officers to be
sworn.

such oflflcer or soldier belongs, or shall desert his maj[e5]ty's service in
the arm}', compan}', fortress or garrison, shall suffer death, or such other
punishment as, b}^ a court-mar[ti] [s7i] al, shall be inflicted.

A7id be it farther enacted^

[Sect. 2.] That tbe captain-gen [e?'a]l or comm[cmc7e]r-in-chief of
foVcaii. this 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-officer in his maj[es]ty's service, and under pay, from time
to time, to call and assemble courts-martial for punishing such offences
as aforesaid.

And be it further enacted,
Courts-raartiai [Sect. 3.] That no court-martial w[7ii]ch shall have power to inflict
"e^ss tban "eleven, an}' punishm[en]t by virtue of this act, for any of the offences aforesaid,
shall consist of fewer than eleven, whereof none to be under the degree
of a comm [a] n [dli'n^] officer, and the president of such court-martial
not to be under the degree of a field-officer, or the then comm[awc?e]r-
in-ehief of the forces under pay, where the offender is to be tried, and
that such court-martial shall have power and authority to summon
witnesses, and to administer an oath to any witness, in order to the
examination or trial of the offences afores[ai]d.

And be it farther enacted, ^

[Sect. 4.] That in all trials of offenders by courts-martial, to be
held by virtue of this act, where the offence ma}'- be punished by death,
every officer present at such trial, before any 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 say, —

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 ag [am] st any
offender in such case by any court-mar[ti] [s'i]al, 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-
mar[ti] [s/i]al by virtue of this act upon any offender, be put in execu-
tion until[l] report be made of the whole matter by the president of
such court, unto the captain-gen [frajl or comm[ande]r-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 warr[an]t 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 ordinary
process of law.

[Sect. 7.] This act to continue and be in force for the space of one
year from the publication thereof, provided the said forces shall be so
iong retained in the service, or until [1] they shall be discharged from
the same. [^Passed and iniblished June 19.*

* June 20, according to the date of publishment on tbe printed act.

Form of oath.

No sentence of
death to be
given unless
nine concur
therein.

Proviso.

Limitation.

[1st Sess.] Province Laws. — 1754-55. 755

CHAPTEE 5.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS OF THIS
PROVINCE, THAT ARE EXPIRED OR NEAR EXPIRING.

Whereas an act was made and passed in the twelfth 3'ear of his Preamble,
present majestj-'s reign, intit[u]led "An Act to prevent the unneces- unnecessary
sary journeying of the members of the great and general court " ; and J,°"^',,7ra"^ "^
also another act was made and passed in the thirteenth year of his iT38-39,chap.2o.
present majesty's reign, intitfulled " An Act for the effectual prevent- To prevent

• ^ 1 J. Ai 1 1 • X- • it horses, ^c,

mg of horses, neat cattle, sheep and swme from running at large or feeding on ips.
feeding upon a certain island called Plumb Island, lying in Ipswich '^''^^^ Beach.
Bay, in the county of Essex " ; and another act was made and ^'^^^■*^' ^^^p- ^^
passed in the thirteenth j'ear of his present majestj-'s reign, intitled
" An Act in addition to the several laws of this province relating to Private ways.
common roads and private ways"; and also another act was made 1739-40, chap. 12.
and passed in the fifteenth year of his present majesty's reign, intitled Relief of poor
"An Act for the relief of poor prisoners for debt" ; and also another E"*"''^*"*'
act was made and passed in the sixteenth 5'ear of his present majesty's n4i.42, chap. 6.
reign, intitled "An Act to prevent the spreading of the small-pox, and "^^ P''^y'^J"^,
other infectious sickness, and to prevent the concealing of the same" ; sman'pol.
and also another act was made and passed in the same 3'ear, inti- i"42-;t3.chap.i7.
t[u]led "An Act to prevent the multiplicity of law-suits"; and also laws'uus?''^'^ °
another act was made and passed in the seventeenth 3'ear of his present i'42-43,chap.25.
majesty's reign, intit[u]led " An Act for regulating the hospital on Rainsford
Eainsford Island, and further providing in case of sickness" ; and also 174344, chap. 19.
another act was made and passed in the nineteenth 3'ear of his present
majesty's reign, intitled "An Act in addition to an act for appointing Commissioners
commissioners of sewers" ; and also an act was made and passed in 1745-46, chap. le.
the twentieth year of his present majesty's reign, intitled "An Act views^byajnry.
relating to views bj' a jury in civil causes"; and another act was i' 46-4,, chap. 6.
made and passed in the same j'ear, intitled "An Act to prevent the Firing of guns.
firing of guns charged with shot or ball, in the town of Boston" ; — all 1746.47, chap. 11.
which laws are expired or near expiring : and ivhereas the aforesaid
laws have, b}^ experience, been found beneficial for the several purposes
for which they were made and passed, —

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

That all and every of the aforesaid acts, and every matter and clause Said laws con.
therein contained, be and hereby are continued and revived, and **""^ *
shall continue and remain in full force for the space of five j'ears from
the first day of July next, and no longer. \_Passed June 1 6 ; published
June 14.*

CHAPTEE 6.

AN ACT FOR GRANTING THE SUM OF THIRTEEN HUNDRED POUNDS,
FOR THE SUPPORT OF HIS MAJESTY'S GOVERNO[C/]R.

Be it enacted by the Governo[iC]r, Council and House of Represent-
atives,

That the sum of thirteen hundred pounds be and hereby is granted
unto his most excellent majest}', to be paid out of the publick treasury
to his excellency William Shirley, Esqt""]., captain-general and govern-

* June 20, according to the date of publishment on the printed act.

756

Province Laws. — 1754-55. [Chaps. 7, 8.]

our-in-cliief in and over his majcst3''s province of tlie Massachuset[^]s
Bay, for his past services, and further to enable him to go on in manag-
ing the publick affairs. \^Passed June 7 ; published June 20.

CHAPTEK 7.

AN ACT FOR FURTHER CONTINUING THE ACT, [E][J]NTIT[UT]LED "AN
ACT IN ADDITION TO AN ACT, INTITLED ' AN ACT FOR THE BETTER
PRESERVATION AND INCREASE OF DEER WITHIN THIS PROVINCE.'"

Preamble.
1739-40, chap. 3.

The above law,
&c., continued
tUl July, 1764.

Whereas the act of this province, intitled " An Act in addition to
an act, intit[u]led ' An Act for the better preservation and increase of
deer within this province,' " made and passed in the thirteenth j-ear of
King George the First, and by divers subsequent acts continued in
force, will expire the first day of July next ; and the said act having, by
experience, been found beneficial, —

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

That the aforesaid act, and every matter and clause therein con-
tained, be and hereby is continued and revived, and shall remain in
full force until[l] the first day of July, which will be in the year of our
Lord one thousand seven hundred and sixty-four : saving only that the
penalty in said act for killing or possessing the raw flesh or skin of any
buck, dow or fawn, from and after the tenth day of December until[l]
the first day of August, annually, shall hereafter be understood to extend
to such persons as shall kill or possess the raw flesh or skin of any
buck, do[e][iu] or fawn, from and after the twent3'-first day of Decem-
ber until[l] the eleventh day of August, annually, and to no others.
[^Passed June 16 ;* published June 20.

CHAPTER 8.

AN ACT TO PREVENT MISCHIEF BEING DONE BY UNRULY DOGS IN
THE TOWN OF BEVERLY.

Be it enacted by the Governo\ji']r^ Council and House of Represent-
atives,
Assessors of That the assessors of the town of Beverly, for the time being, are

powel-'J/toas. hereby required and [i][e]njoined to make diligent and strict enquiry
s'ess the owners what dogs are kept in said town, and are alike authorized and required
6fid°town?*''* *° to assess the owner or keeper of every dog, bitch or whelp, or the parent,
guardian or master of such owner or keeper, the sum of four shillings
to every province tax or assessment, and proportionably to every other
tax or assessment that shall be made in said town.

This act to continue for the space of three years from and after the
first day of July, 1754, and no longer. {^Passed June 6 ; published
June 20.

* This is the date of signature on the engrossment, in the handwriting of the Governor;
but according to the record it was signed June 13.

[1st Sess.] Province Laws. — 1754-55. 757

CHAPTEE 9.

AN ACT FOR IMPOWERING THE PROVINCE TREASURER TO BORROW
THE SUM OF TWENTY-ONE HUNDRED AND FOURTEEN POUNDS, AND
APPLYING THE SAME TOWARDS THE EXPENCE OF SENDING THREE
HUNDRED MEN EASTWARD.

Whereas the present state of affairs makes it necessary that there Preamble,
should be an addition to the five hundred men already voted to be sent
to the eastern parts of this province for the security thereof, —

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

[Sect. 1.] That the treasurer of this province be and hereby is Treasurer em-
impowered to borrow from such person or persons as shall be ready row £2fii4.^°'"
to lend, a sum not exceeding twenty-one hundred and fourteen pounds
in Spanish mill'd dollars at six shillings each, or other coined silver
at six shillings and eightpence per ounce, to be applyed towards the
expence of enlisting, subsisting, transporting, and paj'ing the wages of
three hundred men, officers included, for the service aforesaid ; and
for every sum so borrowed, the treasurer shall give a receipt in man-
ner following : —

Province of the Massachusetts Bay, day of . Form of treas.

Keceived of the sum of , for the use and ^'^^^'^ receipt

service of the province of the Massachusetts Bay, and, in behalf of said prov-
ince, I do hereby promise and oblige myself and successors in the office of
treasurer, to repay to the said , or order, on or before the

first day of May, [1755] [owe thousand seven hundred and fifty-five'] , the
aforesaid sum of , with interest at the rate of six per cent

per annum. Witness my hand.

And lohereas the excise on spirituous liquors, beginning in the 5'ear
1753, and will end this present year, amounting to four thousand seven
hundred eighty-two pounds six shillings and eightpence, was mortgaged 1751-52, chap. 16.
as an additional security for the redemption of the governm[en]t securi-
ties that were payable the twentieth of January last, and a ballance will
remain in the treasurer's hands, when said securities are discharged,
sufficient for the present exigence, —

Be it enacted,

[Sect. 2.] That said excise upon spirituous liquors shall be further Excise mort.
mortgaged as a fund to discharge the said sum of twenty-one hundred Sl?tVf tife''^'
and fourteen pounds, and shall be applied towards discharging the same.
treasurer's receipts and obligations for the money which he shall
borrow by virtue of this act, accordingly. [^Passed June 8 ; published
June 20.

CHAPTER 10.

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING.

Whereas in and by an act of this province, pass'd at their session
in December, 1753, the province treasurer was impowered to borrow a
sum not exceeding five thousand pounds, in mill'd dollars, at six shil-
lings apeice, or silver at six shillings and eightpence per ounce, for the
redemption of the bills of credit of this province that were then out-

758 Province Laws.— 1754-55. [Chap. 10.]

standing ; and, by said act, the treasurer was ordered to give his re-
ceipts or obligations to the lenders to repay the money so borrowed by
the first day of June, 1755 ; and in order to enable the treasurer to dis-
charge the receipts and obligations that should b}' him be given for the
said sum, in pursuance of the afore-mentioned act, it was therein pro-
vided, that the duty of impost for the year one thousand seven hundred
and fifty-four, should be applied towards discharging said receipts and
obligations, —

We, his majesty's most loyal and dutiful subjects, the representatives
of the province of the Massachusetts Bay, in New England, being desir-
ous of enabling the treasurer to discharge the receipts and obligations as
aforesaid, have chearfully and unanimousl}'- given and granted, and do
hereby give and grant, to his most excellent majesty, to the end and use
aforesaid, and to 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 Governor, Council and House
of Representatives,

[Sect. 1 .] That from and after the twenty-sixth day of June current,
and during the space of one jear, there shall be paid by the importer of
all wines, liquors, goods, wares and merchandize that shall be imported
into this province by any of the inhabitants thereof (salt, cotton-wool,
pig-iron, mehogany, black- walnut, lignum vitse, red cedar, and brazilleto
and logwood, provisions, and ever^^ other thing of the growth and
produce of New England, tobacco excepted, and also all prize goods
condemned in any part of this province, excepted), the several rates
and duties of impost following ; viz'., —

For every pipe of wine of the "Western Islands, fifteen shillings.

For every pipe of Madeira, one pound six shillings and eightpence.

For every pipe of other sorts not mentioned, fifteen shillings.

For ever}' hogshead of rum, containing one hundred gallons, thirteen
shillings and fourpence.

For ever}^ hogshead of sugar, fourpence.

For ever}' hogshead of molasses, fourpence.

For every hogshead of tobacco, ten shillings.
— 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 the
product and manufacture of Great Britain, and hogshead and barrell-
staves and headings from any of his majesty's colonies and provinces
on this continent, excepted.

[Sect. 2.] And for any of the above wines, liquors, goods, wares
and merchandize, &c., that shall be imported into this province by any
of the inhabitants of the other provinces or colonies on this continent,
or of the English West-India Islands, or in any ship or vessell to them
belonging, on the proper account of any of the said inhabitants of the
other provinces or colonies on this continent, or of the inhabitants
of any of the West-India Islands, there shall be paid by the importers
double the impost appointed by this act to be received for every species
above mentioned ; and for all rum, sugar and molasses imported and
brought into this province by an^^ ship or vessell, or b}' land-carriage,
from any of the colonies of Connecticut, New Hampshire or Rhode
Island, shall be paid by the importer, the rates and duties following : —

For every hogshead of rum, containing one hundred gallons, thirteen
shillings and fourpence.

For every hogshead of molasses, containing one hundred gallons,
eightpence.

[1st Sess.] Province Laws. — 1754-55. 759

For every hogshead of sugar, containing one thousand weight, eight-
pence.
— And in that proportion for more or less thereof.

And for all European goods, and for all other goods, wares or mer-
chandize, eightpence for every twenty shillings value : provided always,
that all hogshead and barrell-staves and heading from an}' of his maj-
esty's provinces or colonies, all provisions and other things that are the
growth of New England (tobacco excepted), all salt, cotton-wool and
pig-iron, mehogony, black-walnut, lignum vitae, red cedar, logwood and
brazilleto wood, are and shall be exempted from every the rates and
duties aforesaid.

And be it further enacted,

[Sect. 3.] That the impost rates and duties aforesaid shall be paid
in Current lawful money, 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 of any wines, liquors, goods or merchandize : only the com-
missioner or receiver is hereby allowed to give credit to such person or
persons, where his or their dut}' of impost, in one ship or vessell, doth
exceed the sum of six pounds ; and in cases where the commissioner or
receiver shall give credit, he shall ballance and settle his accounts with
every person on or before the last da}' of April, so that the same
accounts may be ready to be produced in court in May next after. And
all entries, where the impost or duties 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 the master of every ship or vessell coming into
the province from any other place, shall, within twenty-four hours after
his arrival in any port or harbour, and before bulk is broken, make
report and deliver a manifest, in writing, under his hand, to the commis-
sioner aforesaid, of the contents of the loading of such ship or vessell,
therein particularly expressing the species, kind and quantitys of all
the wines, liquors, goods, wares and merchandize imported in such ship
or vessell, with the marks and numbers thereof, and to whom the same
are consigned ; and make oath before the commissioner that the same
manifest contains a just and true account of all the lading taken
on board and imported in such ship or vessell, so fai- as he knows or
beleives ; and that if he knows of any more wines, liquors, goods, wares
or merchandize laden on board such ship or vessell, and imported there-
in, he will forthwith make report thereof to the commissioner aforesaid,
and cause the same to be added to his manifest.

And be it further enacted,

[Sect. 5.] That if the master of any ship or vessell shall break
bulk, or suffer any of the wines, liquors, goods, wares and merchandize
imported in such ship or vessell to be unloaden before report and entry
thereof be made as aforesaid, he shall forfeit the sum of one hundred
pounds.

And be it further enacted,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or duties aforesaid are payable, or
having the same consigned to them, shall make a like entry thereof
with the commissioner aforesaid, and produce an invoice of all such
goods as pay ad valorem, and make oath before him in form following ;
viz'., —

760 Province Laws.— 1754-55. [Chap. 10.]

You, A. B., do swear that the entry of the goods and merchandize by you
now made, exhibits the sterling value of said goods, and that, bond fide,
according to your best skill and judgment, it is not less than the then value.
So help you God.

— which oath the commissioner or receiver is hereby impowered and
directed to administer ; and the owners aforesaid shall pay the duty of
impost by this act required, before such wines, liquors, goods, wares or
merchandize be landed or taken out of the vessell in which the same
shall be imported.

[Sect. 7.] And no wines, liquors, goods, wares or merchandize that
by this act are liable to pay impost or duty, shall be landed on any
wharffe, 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 forfeiting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessell out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] And if any person or persons shall not have and pro-
duce an invoice of the quantitys of rum or liquors to him or them con-
signed, then the cask wherein the same is, shall be gauged at the charge
of the importer, that the contents thereof may be known.

And be it further enacted,

[Sect. 9.] That the importer of all wines, liquors, goods, wares and
merchandize, within one j-ear from and after the publication of this act,
by land-carriage, or in small vessells or boats, shall make report and
deliver a manifest thereof to the commissioner aforesaid or his deput}^
therein particularly expressing the species, kind and quantity of all such
wines, liquors, goods, wares and merchandize so imported, with the marks
and numbers thereof, when, how and by whom brought ; and shall make
oath, before the said commissioner or his deput}', to the truth of such
report and manifest, and shall also pay the several duties aforesaid by
this act charged and chargeable upon such wines, liquors, goods, wares
and merchandize, before the same are landed, housed or put into any
store or place whatever.

And he it further enacted,

[Sect. 10.] That every merchant or other person importing any wines
into this province, shall ho, allowed twelve per cent for leakage : pro-
vided, such wines shall not have been filled up on board ; and that every
hogshead, butt or pipe of wine that hath two-thirds 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 vessell 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 for-
feiting the sum of one hundred pounds.

[Sect. 11.] And if it may be made to appear that any wines im-
ported in any ship or vessell be decayed at the time of unloading 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.

And he it further enacted,

[Sect, 12.] That the master of every ship or vessell importing any
liquors, wines, goods, wares or merchandize, shall be liable to and shall
pa}^ the impost for such and so much thereof, contained in his manifest, as
shall not be duly entred, nor the dutj^ paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize

[1st Sess.] Province Laws.— 1754-55. 761

are or shall be consigned. And it shall and may be lawful, to and for
the master of every ship or other vessell, to secure and detain in his
hands, at the owner's risque, all such wines, liquors, goods, wares and
merchandize imported in any ship or vessell, until he receives a cer-
tificate, from tlie commissioner or receiver of the impost, that the
duty for the same is paid, and until 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 entered, 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,
until 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. 13.] That the commissioner or receiver of the impost in each
port, shall be and hereby is impowered to sue the master of any ship or
vessell, for the impost or duty of 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 entered and the duty of impost thereof not paid. And where any
goods, wares or merchandize are such 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 further enacted,

[Sect. 14.] That the ship or vessell, with her tackle, apparrell and
furniture, the master of which shall make default in anj^thing 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 such
wines, liquors, goods, wares and merchandize not entred as aforesaid ;
and, upon judgment recovered against such master, the said ship or ves-
sell, with so much of the tackle or appurces thereof as shall be sufficient
to satisfy said judgment, may be taken into execution for the same ;
and the commissioner or receiver of the impost is hereb}^ impowered to
make seizure of the said ship or vessell, and detain the same under
seizure until judgment be given in any suit to be commenced and pros-
ecuted for any of the said forfeitures of impost ; to the intent, if
judgment be rendered for the prosecutor or informer, such ship or ves-
sell and appurces may be exposed to sale, for satisfaction thereof,
as is before provided : unless the owners, or some on their behalf, for
the releasing of such ship or vessell from under seizure or restraint,
shall give sufficient security unto the commissioner or receiver of im-
post that seized the same, to respond and satisf}^ the sum or value of
the forfeitures and duties, with charges, that shall be recovered against
the master thereof, upon such suit to be brought for the same, as afore-
said ; and the master occasioning such loss or damage unto his owners,
through his default or neglect, shall be liable unto their action for the
same.

And be it further enacted,

[Sect. 15.] 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, until he shall be certified, by the commis-
sioner or receiver of the impost, that the duty and impost for the goods
last imported in such ship or vessell are paid or secured to be paid.
96

762 Province Laws.— 1754-55. [Chap. 10.]

[Sect. 16.] And the commissioner or receiver of the impost is
hereby impowered to allow bills of store to the master of any ship or
vessell importing an}' wines or liquors, for such private adventures as
shall belong to the master or seamen of such ship or vessell, at the dis-
cretion of the commissioner or receiver, not exceeding three per cent of
the lading ; and the duties payable by this act for such wines and
liquors, in such bills of stores mentioned and expressed, shall be abated.

And for the more effectual preventing any wines, rum or other dis-
till'd spirits being brought into the province from the neighbouring
governments, by land, or in small boats or vessells, or an}'- other wa}^,
and also to prevent wines, rum or other distiil'd spirits being first
sent out of this province (to save the duty of impost), and afterwards
brought into the government again, —

Be it enacted,

[Sect. 17.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impowered and enjoyned to,
appoint one suitable person or persons as his deputy or deput3'S, in all
such places of this province where it is likely that wine, rum or other
distiil'd spirits will be brought out of other governments into this ;
■which officers shall have power to seize the same, unless the owner shall
make it appear that the dut}^ of impost has been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distiil'd spirits brought or relanded in this govern-
ment, where the duty is not paid as aforesaid, and to seize and secure
the same for the ends and uses as in this act is hereafter provided.

And be it farther enacted,

Ajid be it farther enacted,

[Sect. 19.] That there shall be paid, by the master of every ship or
other vessell, coming into any port or ports of this province, to trade or
trafflck, whereof all the owners are not belonging to this province (ex-
cept such vessells as belong to Great Britain, the provinces or colonies
of Pennsylvania, West and East Jersey, Connecticut, New York, New
Hampshire and Rhode I-sland), every voyage such ship or vessell doth
make, 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 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. 20.] 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 the register of such ship or vessell 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 vessell, before she shall be cleared,
in case she shall appear to be of a greater burthen : otherwise, to be paid
by the commissioner out of tlie monej^ received by him for impost, and
shall be allowed him, accordingl}', by the treasurer, in his accompts.
And the naval officer shall not clear any vessell, until he be certified,
also, by the commissioner, that the duty of tunnage for the same is
paid, or that it is such a vessell for which none is payable according
to this act.

[1st Sess.] Province Laws. — 1754-55. 763

And he it further enacted,

[Sect. 21.] That when and so often as any wine or rum imported
into this province, the duty of impost upon which shall have been paid
agreeable to this act, shall be reshipp'd and exported from this govern-
ment to any other part of the world, that then, and in every such case,
the exporter of such wine or rum slaall make oath, at the time of ship-
ping, before the receiver of impost, or his deputy, that the whole of the
wine or rum so shipped has, bond fide, had the aforesaid duty of impost
paid on the same, and shall afterwards produce a certificate, from some
officer of the customs, that the same has been landed out of this govern-
ment,— or otherwise, in case such rum or wines shall be exported to
any place where there is no officer of the customs, or to any foreign
port, the master of the vessell in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, upon producing such certificate, or upon such oath
of the master, make oath that he verily believes no part of said wines
or rum has been relandcd in this province, — such exporter shall be
allowed to draw back from the receiver of impost as follows ; viz'., —

For every pipe of Madaira, twenty-two shillings.

For every pipe of Western-Island wines, and other sorts, ten shillings.

And for every hogshead of rum, twelve shillings.

Provided, always, —

That if, after the shipping any such wine or rum to be exported as
aforesaid, and giving security as aforesaid, in order to obtain the draw-
back aforesaid, the wine or rum so shipped to be exported, or any part
thereof, shall be relanded in this province, or brought into the same
from any other province or colony, that then ail such rum and wine so
relanded and brought again into this province shall be forfeited, and may
be seized by the commissioner aforesaid, or his deputy.

And he it further eyiacted,

[Sect. 22.] 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 thereto
relates, 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, or other places besides that in
which he resides, and to grant warrants to such deput}- receivers for
the said place, and to collect and receive the impost and tunnage of
shipping as aforesaid that shall become due within such port, and to
render the account thereof, and to pay in the same, to the said commis-
sioner 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 duties of impost and tun-
nage arising on the said vessell may appear ; and the same to lie open,
at all seasonable times, to the view and perusal of the treasurer or
receiver-general of this province (or any other person or persons whom
this court shall appoint), with whom he shall account for all collec-
tions and paj'ments, and paj' all such mone3's as shall be in his hands,
as the treasurer or receiver-general shall demand it. And the said com-
missioner or receiver and his deputy or deputys, before their entering
upon the execution of their office, shall be sworn to deal truly and faith-
fully therein, and shall attend in the said office from ten of the clock in
the forenoon, until one in the afternoon.

[Sect. 23.] And the said commissioner and receiver, for his labour,
care and expences in the said office, shall have and receive, out of the
province treasmy, the sum of sixty pounds per annum ; and his dep-
ut}' or deputys shall receive, for their service, five per cent for whatever

764 Province Laws.— 1754-55. [Chap. 11.]

sums they shall receive and pay. And the treasurer is hereby ordered,
in passing and receiving the sai(J commissioner's accompts, accordingly,
to allow the payment of such salary or salarys, as aforesaid, to him-
self and his deputies.

And be it farther enacted,

[Sect. 24.] That all penalties, fines and forfeitures accruing and
arising by virtue of any breach 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.

And be it further enacted,

[Sect. 25.] That from and after the publication of this act, in all
causes where any claimer shall appear, and shall not make good the
claim, the charges of prosecution shall be born and paid by the said
claimer, and not by the informer. [^Passed June 16 ;* published June 20.

CHAPTEK 11.

AN ACT FOR THE SUPPLY OF THE TREASURY WITH THE SUM OF NINE
THOUSAND FOUR HUNDRED FIFTY-SIX POUNDS SEVEN SHILLINGS
AND EIGHTPENCE, AND FOR DRAWING THE SAME INTO THE TREAS-
URY AGAIN; ALSO FOR APPORTIONING AND ASSESSING A TAX OF
EIGHTEEN THOUSAND POUNDS ; AND ALSO FOR APPORTIONING AND
ASSESSING A FURTHER TAX OF TWO THOUSAND FOUR HUNDRED
AND TWENTY-THREE POUNDS ONE SHILLING, PAID THE REPRE-
SENTATIVES FOR THEIR SERVICE AND ATTENDANCE IN THE GEN-
ERAL COURT, AND TRAVEL, AND FOR FINES LAID ON SEVERAL
TOWNS FOR NOT SENDING A REPRESENTATIVE : BOTH WHICH SUMS
AMOUNT, IN THE WHOLE, TO TWENTY THOUSAND FOUR HUNDRED
TWENTY-THREE POUNDS ONE SHILLING.

Whereas the great and general court or assembly of the province of
the Massachusetts Bay, did, at their session in December, one thou-
1753-54, chap. 26, saud sevcu hundred and fifty-three, pass an act for levying a tax of
^^* five thousand pounds; and at their session in March, one thousand

1753-54, chap. 40, seven hundred and fiftj'-four, did pass another act for levying a tax of
^ ^' five thousand three hundred pounds, and by said acts provision was

made that the general court might, [cit their"] [this] present sitting,
apportion the same on the several towns and districts within this
province, if they thought fit ; and whereas the great and general court
of this province, at their session in September, one thousand seven
hundred and fifty -three, did pass an order impowering the province
treasurer to borrow the sum of six hundred sixty-six pounds thirteen
shillings and fourpence, to be by him remitted to Mr. Agent Bollan,
which monies the treasurer has borrowed and remitted and given his
receipt and obligation for the same ; and whereas, the treasurer is, ia
and by this act, directed to issue out of the treasury, the sum of nine
thousand four hundred fifty-six pounds seven shillings and eightpence,
for the ends and purposes as is hereinafter mentioned ; wherefore, for
the ordering, directing and effectual drawing in the sum of twenty
thousand four hundred twenty-three pounds one shilling, pursuant to
the funds and grants aforesaid, unto the treasur^^ according to the

* Signed June 12, according to the record.

[1st Sess.] PrtOviNCE L-aws. — 1754-55. 765

last apportion agreed to by this court; all which is unanimously
approved, ratified, and confirmed ; we, his majesty's most loyall and
dutifull 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 and district's proportion of the sum of
eighteen thousand pounds, and their representatives' pay, and fines
laid on several towns, the sum of two thousand four hundred twenty-
three pounds one shilling, the several sums following ; that is to say, —

766

Province Laws. — 1754-55. [Chap. 11.]

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774 Province Laws.— 1754-55. [Chap. 11. J

Aiid 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 such town or district, in manner following ; that is to sa}-, to assess
all rateable male polls above the age of sixteen years, within their re-
spective towns or districts, or next adjoining to them, belonging to no
other town, three shillings per poll, and proportionably in assessing
the fines mentioned in this act, and the additional sum received out of
the treasury for the pa3'ment of the representatives (except the govern-
our, the lieutenant-governour, and their famil[y][ijes, the president,
fellows, professors and students of Harvard College, settled minis-
ters 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 ; as
also all the estate pertaining to Harvard College) ; and other persons,
if such the[i]r[e] be, who, i]ivb[%igli] age, infirmity or extre[e][a]m
poverty, in the judgment of the assessors, are not capable to pa}' tow-
ards publick charges, they may exempt their polls, and so much of
their estates as in their prudence the}^ shall think fit and judge meet.
■ [Sect. 3 .] And the justices in their general sessions, in the respective
count [y][i]es 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 [s] of each
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 from any trade,
faculty, business or employment whatsoever, and all profits which shall
or may arise b}' money or other estate not particularly otherwise as-
sessed, or commissions of profit in their improvement, according to
their understanding or cunning, at one penny on the pound ; and to
abate or multiply the sams, 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 assessment, to estimate houses and lands at six years' income of
the yearly rents 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 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 shillings ; 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 upwards, at eight shillings ; goats and sheep of one year
old, three shillings each: likewise requiring the said assessors to
make a fair list of the said assessment, setting forth, in distinct col-
umns, 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 if as
guardian, or for any estate, in his or her improvement, in trust, to be
distinctly expressed ; 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

[1st Sess.] Province Laws.— 1754-55. 775

name or names of such collector, constable or constables, with the
sum total to each of them committed, unto himself, some time before
the last day of October next.

[Sect. 4.] And the treasurer, for the time being, upon receipt of
such certificate, is hereby impow[e]red and ordered to issue forth his
warrants to the collector, or 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 December next ; and to pay in their collection, and issue the ac-
compts of the whole, at or before the last da}" of March next, which
will be in the year of our Lord one thousand seven hundred and fifty-
five.

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 season-
able 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 some other way to give or bring in to the assessors
true and perfect lists of their polls, 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 of this tax, as near as they can,
agre[e]able to the rules herein given, under the penalty of twenty shil-
lings for each person that shall be convicted by legal proof, in the
judgment of the said assessors, in 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 into 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
a list of their estate[s], as aforesaid, to the assessors, he or thej' so
neglecting shall not be admitted to make application to the court of
general sessions for any abatement of the assessment laid on him.

[Sect. C] And if the part}' be not convicted of any falseness in the
list, by him presented, of the polls, rateable estate, or income by trade
or faculty, business or employment, which he does or shall exercise, or in
gain by money at interest or otherwise, or other estate not particularly
assessed, such list shall be a rule for such person's proportion to the
tax, which the assessors may not exceed.

And forasmuch as, oftentimes, 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 de-
livered to the constable or collectors, and, before the next year's assess-
ment, are gone out of the province, and so pay nothing towards the
support of the government, though, in the time of their residing here,
the}' reaped 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
reside in any town within this province, and bring any merchandize,
and trade, to deal therewith, the assessors of such town are hereby im-
powered to rate and assess all such persons according to their circum-
stances, pursuant to the rules and directions in this act provided, tho'

776 Provixce Laws.— 1754-55. [Chap. 11.]

the former rate may have been finished, and the new one not perfected,
as aforesaid.

And be it farther enacted,

[Sect. 8.] That when any merchant, trader or factor, inhabitant of
some one town within this province, or of any other province, shall
traffic or carry on trade or business, or set up a store, 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, traders 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 : provided,
before any such assessors shall rate such persons, as afore mentioned,
the selectmen of the town where such trade is carried on, shall transmit
a list of such persons as they shall judge may and ought to be rated,
within the intent of this act.

[Sect. 9.] And the constables or collectors are hereby enjoyned to
levy and collect all such sums committed to them, and assessed on per-
sons who are not of this province, or are residents in other towns than
those where they carry on their trade, and pay the same.

And be it further enacted,

[Sect. 10.] That the inhabitants of this province have libert}^ if
they see fit, to pay the several sums for which they may be respectively
assessed, of the aforesaid sum of twenty thousand and four hundred
and twepty- three pounds one shilling, in good merchantable hemp, or in
good, merchantable, Isle-of-Sable codfish, or in good refined bar-iron,
or in bloomery-iron, or in hollow iron-ware, or in good Indian corn,
or in good winter rye, or in good winter wheat, or in good barley, or
in good barrel pork, or in barrel beef, or in duck or canvas, or in long
whalebone, or in merchantable cordage, or in good train-oyl, or in good
beeswax, or in good ba[r] berry- wax, or in tryed tallow, or in good
pease, or in good sheepswool[Z], or in good tann[e]'d sole-leather;
and that the eldest couucellors, for the time being, of each of those
counties in the province, of which any one of the councellors is an
inhabitant, together with the province treasurer, or the major part of
them, be a committee, who are hereb}' directed and fully authorized
and impowered, once in every month, if need be, to agree and set the
several species and commodities aforesaid at some certain price, at
which they shall be received towards the payment of the sums afore-
said ; all which aforesaid commodities shall be of the produce of this
province, and, as soon as conveniently may, be disposed of b}^ the treas-
urer to the best advant:^ge and for as mucli as they will fetch in money ;
and 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-.

[Sect. 11.] 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 year; and if
there be a surplusage, it shall remain as a stock in the treasury.

And lohereas, the sum of nine thousand four hundred and fifty-six
pounds seven shillings and eightpence, part of the above tax, has not
been appropriated in any supply-bill for the payment of the publick
debts, —

Be it further enacted,

[Sect. 12.] That the said sum of nine thousand four hundred and fifty-
six pounds seven shillings and eightpence, shall be issued out of the treas-
ury, when received of the constables and collectors, in manner and for
the purpose[s] following ; that is to say, the sum of three thousand
pounds, part of the aforesaid sum of nine thousand four hundred and
fifty-six pounds seven shillings and eightpence, shall be applied for the

[1st Sess.] Province Laws.— 1754-55. 777

service the several forts and garrisons within this province, pursuant to
such orders and grants as are or shall be made by this court for those
purposes ; and the further sum of one thousand pounds, part of the
aforesaid sum of nine thousand four hundred and fifty-six pounds seven
shillings and eightpence, shall be appl[i][?/]ed for the purchasing pro-
visions, the commissai-y's necessary disbursements for the service of 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 further
sum of three thousand five hundred pounds, part of the aforesaid sum
of nine thousand four hundred and fifty-six pounds seven shillings and
eightpence, shall be appl[y][i]ed for the payment of such premiums
and grants that now are or hereafter may be made by this court ; and
the further sum of eight hundred pounds, part of the aforesaid sum of
nine thousand four hundred and fifty-six pounds seven shillings and
eightpence, shall be applied for the discharge of other debts owing
from this province to persons that have 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 that purpose, and for paper, writing
and printing for this court ; and the further sum of one thousand
pounds, part of the aforesaid sum of nine thousand four hundred and
fifty-six pounds seven shillings and eightpence, shall be appl[i][?/]ed
for the payment of his majesty's council and house of representatives,
serving in the general court during the several sessions of this present
year.

And tvhereas there are sometimes contingent and unforeseen charges
that demand prompt pay, —

Be it further enacted,

[Sect. 13.] That the sum of one hundred and fifty-six pounds seven
shillings and eightpence, the remaining part of the aforesaid sum of
nine thousand four hundred \and'] fiftj'-six pound [s] seven shillings
and eightpence, be applied to pay such contingent charges, and for no
other purpose whatsoever.

And he it further enacted,

[Sect. 14.] That the treasurer is hereby directed and ordered to
pay the sum of nine thousand four hundred and fift3--six pounds seven
shillings and eightpence, brought in by taxes as aforesaid, out of such
appropriations as shall be directed to by warrant, and no other ; and
the secretar}', to whom it belongs to keep the muster-rolls and accompts
of the charge, shall lay before the house of representatives, when they
direct, such muster-rolls and accompts after payment thereof.

And whereas^ by this act, but nine thousand four hundred and fifty-
six pounds seven shillings and eightpence, part of the sum of twenty
thousand four hundred and twenty-three pounds and one shilling, for
which a tax is to go forth, is appropriated and applied for the discharge
of the debts of the ensuing 3'ear, —

Be it enacted,

[Sect. 15.] That the remaining sum of ten thousand nine hundred
and sixtj'-six pounds thirteen shillings and fourpence, be applied for
the discharge of the government securit[3'][ie]s that will become due
the first of May and the first of June next ; as also to discharge the
securit[y][ie]s given for six hundred and sixty-six pounds thirteen
shillings and fourpence remitted the agent. [^Passed June 19 ; pub-
lished June 20.

778 Province Laws.— 175i-55. [Chap. 12.]

ACTS

Passed at the Session begun and held at Bos-
ton, ON THE Seventeenth day of October,
A. D. 1754.

CHAPTEK 12.

AN ACT FOR THE BETTER SECURING AND RENDERING MORE EFFECT-
UAL GRANTS AND DONATIONS TO PIOUS AND CHARITABLE USES,
AND FOR THE BETTER SUPPORT AND MAII^TENANCE OF MINISTERS
OF THE GOSPEL, AND DEFR[A][£]YING OTHER CHARGES RELATING
TO THE PUBLICK WORSHIP.

Pic^niWe. Whereas man}'- grants and donations have heretofore been made by

12 Mass." 545. sundry well-disposed persons, in and b}' such expressions and terms as
iG Mass '493 "497 pl^iiity show it was the intent and expectation of such grantors and
601, 507". "' ' donors that their several grants and donations should take effect so as
Iss!'"^'^' ^^^'^^^' that the estates granted should go in succession ; but doubts have arisen

12 Mot. 255. in what cases such donations and grants may operate, so as to go in
UG.^'^^'"' * succession; for ascertaining whereof, —

13 Allen, 505. ^g ^f enacted hy the Governoicr, Council and House of Representatives,
Deacons and [Sect. 1.] That the dcacous of all the several Protestant churches,
of"pro\Mtant"^ ^ot being Episcopal churches, and the church-wardens of the several
churches to take, Episcopal churchcs, are and shall be deemed so far bodies corporate, as
grants and do- to take lu successioii all gTauts and donations, whether real or personal,
nations, &c, made either to their several churches, the poor of their churches, or to

them and their successors, and to sue and defend in all actions touch-
ing the same ; and wherever the ministers, elders or vestry shall, in
such original grants or donations, have been joined with such deacons
or church-wardens as donees or grantees in succession, in such cases
such officers and their successors, together with the deacons or church-
wardens, shall be deemed the corporation for such purposes as afore-
said.
Ministers to [Sect. 2.] And the minister or ministers of the several Protestant

sion ,' i)ars"o'nage churchcs, of whatever denomination, arc and shall be deemed capable
land's, &c. of taking, in succession, anj^ parsonage land, or lands granted to the

minister and his successors, or to the use of the ministers, and of suing
and defending all actions touching the same : saving that nothing in
this act shall be construed to make void any final judgment of any
No alienation to court of commou law or judgc of probate : saving also, that no alien-
lomontoi tiiT^ ation of any lands belonging to churches, hereafter made by the deacons
church. without the consent of the church, or a committee of the church for that

purpose appointed, or by church-wardens without the consent of the
vestiy, shall be sufficient to pass the same ; and that no alienation
hereafter made by ministers, of lands b}' them held in succession, shall
be valid an}'' longer than during such alienors continuing ministers,
unless such ministers be ministers of particular towns, districts or pre-

[2d Sess.] PnoviNCE Laws.— 1754-55. 779

cincts, and make such alienation with the consent of such towns, dis-
tricts or precincts, or unless such ministers so aliening be ministers of
Episcopal churches, and the same be done with the consent of the
vestr3% And the several churches in this province not being Episcopal
churches, are hereby impowered to ch[oo][zt]se a committee to call the
deacons or other church-officers to an account, and, if need be, com-
mence and prosecute any suits touching the same, and also to advise
and assist such deacons in the administration of the affairs aforesaid.

And be it further enacted,

[Sect. 3.] That the income of the grants made or to be made to Limitation of the
any one such body politick for pious and charitable uses, shall not ciimTh grants.
exceed the sum of three hundred pounds per annum ; and also that all lo AUen, 6.
such donations hereafter made by deed, w[7«"]ch shall not be recorded
in the register's office in the county where the lands l[y][*]e three cal-
endary months before the death of the donor, and all such bequests or
devises w[/ii]ch shall not be made before the last sickness of the per-
son making the same, or at least three months before the death of the
testator, shall be utterly void and of no effect ; anything in this act
contained to the contrary notwithstanding.

A)id luhereas the several congregations in the town of Boston, and
some others under the like circumstances, are not by law enabled by
vote to raise money for the support of the ministry and publick wor-
ship among them, —

Be it further enacted,

[Sect. 4.] That in every such case, where moneys cannot be raised Pews may be
as aforesaid for the support of [of] the ministry and defr[a][e]ying charge o^f the
the other charges necessary for the upholding and maintaining of pub- P"iJiic wor-
lick worship, and repairs of the house in which the same is performed,
by vertue of any provision in the laws already made for that purpose,
the proprietors of the pews, or persons to whom they are allotted in the
several houses for publick worship, may, if they think fit, at a publick
meeting to be called for that purpose b}^ the proprietor's clerk, deacons
or church-wardens, and notice thereof, immediately after divine service,
given ten da3's at least before said meeting, cause the several pews in
such houses to be valued according to the convenience and situation
tliereof ; and a new estimate to be put upon said pews from time to time,
as shall be found necessar}', and a tax to be laid upon each pew accord-
ing to the convenience and situation thereof as afores[ai]d : provided. Proviso, the tax
the s[at]d tax shall not exceed two shillings per week on any one pew ; plr week°
the money so raised to be applied towards the support of tlie ministry
and other charges necessary for maintaining publick worship or repairs
of the house ; and that the s[oi]d proprietors may, at a meeting to be
called as afores[ai]d, ch[oo][tt]se a clerk and treasurer, and likewise rroprietors to
appoint some suitable persons to demand and receive the several sums treasurer^&c^'
so assessed of the owners of such pews ; and in case of denial on such
demand or neglect of pa3'm[<3>i]t three months after such demand, to
sell the same, and, after deducting such taxes and costs, to return the
surplus to the owners.

Provided, nevertheless, —

[Sect. 5.] That when the owner of any pew shall make a tender of
the same to the proprietors, or to their comm[{<^]ee, at the valuation
w[/a]ch shall have been last put thereon, and they shall refuse or neg-
lect to accept the same, no sum shall be deducted out of the sale of
s[cu]d pew, but such only as shall have become due before the making
of such tender. \_Passed January 10 ; published January 13, 1755.

780

Province Laws. — 1754-55.

[Chap. 13.J

CHAPTER 13.

AN ACT FOR MAKING AN ADDITION TO THE SECOND PRECINCT IN
THE TOWN OF BROOKFIELD, IN THE COUNTY OF WORCESTER, AND
DIVIDING THE FIRST PRECINCT IN SAID TOWN INTO TWO PRE-
CINCTS.

Preamble.

Bounds of the
second precinct
in Brookfield.

Remainder of
the lands in
Brookfuld di-
vided into two
precincts.

Bf/iiiida of the
first precinct.

Whereas it is made evident to this court that the annexing some of
the inhabitants of the first precinct in the town of Brookfield, with
theh' lands, to the second precinct in said town, and the dividing the
remainder of said first precinct into two precincts, would serve very
much to remove many difficulties and inconven^enc[^]es which divers of
the inhabitants of said first precinct at present labour under, and also
very much to accomodate the greatest part of the inhabitants of said
first precinct, —

Be it therefore enacted by the Governour, Council and House of
Itepresent[atf\ves^

[Sect. 1.] That all the lands in the present first precinct in said town
lying northward of a line beginning at the northeast corner of George
H[a] [e]rrington's lands upon Spencer line, and running westward by his
the said George's lands to Five-Mile River Bridge at the country road ;
from thence, westerly, on the most southwardly parts and lines of the
lands of Thomas Slayton, Captain Nathaniel Woolcot, Thomas Moor,
Ebenezer Jennings, John Jennings, Obadiah Rice, William Parks,
Josiah Converse, Francis Dodge, Paul Dealand, the heirs of John
Green, deceased, Stephen Green and Joseph Ranger, Junr. ; and from
said Ranger's southwest corner to the southwest corner of William
Ayre's meadow, on Coy's Brook, so called, near the place where the old
schoolhouse stood ; and from thence, northward, on the most eastward
parts and lines of the land of John Tuff and Josiah Gilbert, and on the
most westward parts and lines of the land of Jeremiah Woodbury and
John Hill, to Abner T3ier's land ; and from thence, on the most east-
ward part and lines of the lands of Jacob Abbot and Joshua Dodge
and Joshua Dodge, Junr., to the center line of said town ; and from
thence, all the lands eastward of that part of said center line which is
northward of the place wliere the above-described line meets with the
said center line, to Ncw-Braintr[y][fe] District, be and hereby are an-
nexed to the second precinct in said town of Brookfield ; and that all
those persons that now are or hereafter may be inhabitants on said
lands, be and hereby are incorporated with the second precinct, and
shall be always hereafter obliged to do all precinct duties, and shall
receive all precinct privile[d]ges, in the said second precinct.

And he it further enacted,

[Sect. 2.] That the remainder of the lands in the said first precinct
in said town of Brookfield be divided into two precincts in manner fol-
lowing; viz"^'^., the dividing line shall begin at the southeast corner of
Paul Dealaud's land, and shall run from thence to the countr}' road in
said Brookfield, so as to take in and include all John Rich's land, where
he dwells, into the West Precinct or division ; and from said country
road, said dividing line shall run, in the midst of the town road that
leads southward from said country road to the river called Quaboag
River, to the southeast corner of Ephraim Bartlet's land ; and from
thence, westward, southward of all Ephraim Bartlet's and Obadiah
Wright's land, to Quaboag River ; and from thence the said river shall
be the dividing line down said river to the mouth of Salmon Brook ; and
from thence the dividing line shall run str[eigh][oi]t to a large white-oak
tree standing in the northeast corner of a tract of land called the Mile-

[2d Sess.] Peovince Laws. — 1754-55. 781

Square ; said tree being a boundary between the townships of Brook-
field and Western ; and that the lands 13'iug in the said town of Brook-
field (and not included in the second precinct) , westward of the above
dividing line, be and hereb}' are made a precinct by the name of The
First Precinct in the Town of Brookficld ; and that the inhabitants of
said lands westward of the said dividing line above described, be and
hereb}' are invested with all the powers and privile[c?]ges, and subjected
to all the duties, that precincts in this province by law are invested
with and subjected to ; and that the lands lying in the said town of Bouncis of the
Brookficld (and not included in the second precinct), eastward of the tbird precmct.
above dividing line, be and hereby are made a seperate precinct by the
name of The Third Precinct in the Town of Brookficld ; and that the
inhabitants of the said lands eastward of the said dividing line above
described, be and hereby are invested with all the powers and privi-
le[d]ges, and subjected to all the duties, that precincts in this province
by law are invested with and subjected to.

And be it further enacted,

[Sect. 3.] That all the inhabitants of the lands which by this act inhabitants of
are made the first precinct, and all the inhabitants of those lands w'hich sccon'^fpiecincts
by this act are annexed to the said second iDrccinct, be and hereby are fxtniptcd from
and shall forever hereafter be exempted from paying or contributing the new meet-
any part towards the charges and debts that have already arisen or c"fcw?'' '^*^'^
may hereafter arise by reason of the building the new meeting-house,
which has lately been erected in said town on the lands by this act made
the third precinct in said town, any of the votes of the late first pre-
cinct notwithstanding ; and that all the materials of the old meeting-
house, which "was lately standing in said town, now taken down, be
equally divided between the said three precincts ; and that all the min-
isterial revenues arising from all and any lands lying in any part of
the said town of Brookficld heretofore sequestred to the use of the
ministry in said town, shall be alwaj's hereafter equall}' divided between
the said three precincts ; and that the charge of the committee who
■were appointed hy this court in April, one thousand seven hundred and
[fifty] [sza;^?/]-four, to view the said town, be born and paid b}' the in-
habitants of said town. [^Passed November 8,* 1754; published JaTi-
uary 23, 1755.

CHAPTEK 14.

AN ACT FOR SETTING OFF THE INHABITANTS, AS ALSO THE ESTATES,
OF THE WESTERLY PART OF OXFORD INTO A SEPERATE DISTRICT,
BY THE NAME OF CHARLTON.

Be it enacted by the Governoiir, Council and House of Representatives,
[Sect. 1.] That the inhabitants, with their lands, on the westerly Bounds of
part of Oxford, beginning on the south side of Oxford, one mile west ^.^cu^'°° ^^
of the Village line, so called, thence running north, paralel with said
Village line to Oxford north line, be and hereby is set off and erected
into a seperate district, by the name of Charlton ; and that said dis-
trict be invested with all the powers, priviledges and immunities that
towns in this province by law do or ma}^ enjoj^ that of sending a i-ep-
reseutative to the general assembly only excepted ; and that the inhab-
itants of said district shall have full power and right, from time to
time, to join with the said town of Oxford in the choice of a represent-
ative or representatives, who may be chosen either in the town or dis-
trict, in which choice they shall enjoy all the priviledges which by law
they would have been intitled to if this act had not been made.
♦ November 7, according to the record.

782

Province Laws. — 1754-55. [Chaps. 15, 16.]

Proviso.

Moses Marcy,
Esq., to issue
his warrants.

Provided, nevertheless, —

And be it further enacted,

[Sect. 2.] That the said district shall pa}^ their proportion of all
town, county and province taxes alread}? set on, or granted to be raised
b}^ said town as if this act had not been made.

And be it further enacted,

[Sect. 3.] That Moses Marcy, Esq., be and hereb}'- is impowered
to issue his warrants, directed to some principal inhabitant in said dis-
trict, requiring him to notify and warn the inhabitants of said district,
qualified by law to vote in town affairs, to meet at such time and place
as shall be therein set forth, to chuse all such officers as shall be neces-
sary to manage the affairs of said district. [Passed November 21.

CHAPTER 15.

AN ACT DECLARING IN WHAT MANNER THE DECREES AND ORDERS
OF THE GOVERNOUR AND COUNCIL, IN CONTROVERSIES CONCERN-
ING MARRIAGE AND DIVORCE, SHALL BE CARRIED INTO EXECUTION.

Preamble. Whereas in and by an act of this province, made and pass'd in the

1692-3, chap. 25, fourth 3'car of the reign of King William and Queen Marj^ it is among
other things enacted and declared, that all controversies concerning
marriage and divorce shall be heard and determined by the governour
and council, but no express provision has been made by the laws of
this province for carrying the decrees and orders of the governour and
council in such cases into execution, —

Be it therefore enacted by the Governour, Council and House of Rep-
resent[ati']ves,

That if any person shall refuse or neglect to observe and conform to

any legal decree or order, whether interlocutory or final, made, or that

go\fcrnor and shall hereafter be made, by the governour and council in any contro-

mcil liable to ' ./ o .'

be imprisoned, vcrsj^ Concerning marriage and divorce, every such person shall be and
is hereby declared liable to suffer the pains of imprisonment ; and it
shall and may be lawful for the secretary of the province to issue a
warrant, under his hand and seal, by order of the governour and coun-
cil, directed to any sheriff or his deputy, requiring him forthwith to
arrest the body of such person so refusing or neglecting, and him to
commit unto his majest3''s goal, there to remain without bail or main-
prize, until [1] he shall comply with such decree or order made as afore-
said. [Passed January 8 ; published January 13, 1755.

Persons refusing
to conform to
any lecjal decree
of
coun

CHAPTER 16.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS
DISTILLED AND WINE, AND UPON LIMES, LEMMONS AND ORANGES.

Preamble. We, his majesty's most lo^'al and dutiful subjects, the representatives

of the province of the Massachusetts Ba}-, in general court assembled,
being desirous to lessen the present debt of the province, have chear-
full}^ 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 rum and other spirits distilled, and

[2d Sess.] Province Laws.— 1754-55. 783

upon all wines whatsoever, and upon lemmons, limes and oranges, to
be raised, levied and .collected, and paid b}^ and upon every taverner,
innholder, common victualler, retailer and private person within each
respective county, in manner following : —

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

[Sect. 1.] That from and after the twenty-sixth day of December, Time of this
one thousand seven hundred and fiftj'-four, every person already ance.°°°*'°"'
licenced for retailing rum or other spirits, or wine, shall pay the duties
following : —

For ever}^ gallon of rum and spirits distilled, fourpence.

For every gallon of wine of ever}' sort, sixpence.

For every hundred of lemmons or oranges, four shillings.

For every hundred of limes, one shilling and sixpence.

— And so proportionably for any other quantity or number.

And he it further enacted^

[Sect. 2.] That every taverner, innholder, common victualler and Account to bo
retailer, shall, upon the said twenty-sixth da,y of December, take an ^^'^^'^'
exact acco[mp][rm]t of all rum and other distilled spirits, and wine,
and of all lemmons, oranges 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 duties of excise in the respective counties shall be let
or farmed, as in and by this act is hereafter directed ; and such other
persons as shall be licenced during the continuance of this act, shall also
give an account, as aforesaid, upon oath, what rum or other distilled
spirits, and wine, or of what lemmons, oranges or limes he or they shall
have by him or them at the time of his or their licence ; which oath the
person or persons farming the duties aforesaid shall have power to
administer in the words following ; vizi^'^., —

You, A. B., do swear that the accompt exhibited by you is a just and true Form of the
account of all rum and other distilled spirits, [and'] wine, lemmons, oranges oath.
and limes you had by you on the twenty-sixth of December last. So help
you God.

And when such person or persons shall not have been licenced on
said twenty-sixth of December, the form of the oath shall be so varied,
as that instead of those words, " on the twenty-sixth [day] of
December," these words shall be inserted and used, " at the time of
taking your licence."

And he it further enacted^

[Sect. 3.] That every taverner, innholder, common victualler and Within sis
retailer, shall make a fair entry in a book, of such rum and other dis- TOunmo^bede-
tilled spirits, and wine, as he or the}^ or any for him or them, shall buy, livered.
distil [1] and take in after such account taken, and of whom bought,
and of lemmons, oranges and limes taken in, 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 duties afore-
said, who are impowered to administer an oath to him or them, that the
said account is, bond fide, just and true, and that he or the}' do not
know of any rum or other distilled spirits, or wine, sold, directly or
indirectly, or of any lemmons, oranges or limes used in punch or other-
wise, by him or them, or any under him or them, or by his or their
privity or consent, 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 : ten per cent to be allowed Ten per cent
on the liquors aforementioned fgr leakage and other waste, for which no a^o^edforieak-
duty is to be paid.

784 Province Laws.— 1754-55. [Chap. 16.]

And be it furtJier enacted,
fngaZiseic^' [Sect. 4.] That eveiy taverner, innholder, common victualler or
couut. retailer, who shall be found to give a false account of any distilled

spirits or wine, or other the commodities aforesaid, b^'him or lier on the
said twenty-sixth day of December, or at the time of his or her taking
licence, or bought, distilled or taken in as aforesaid afterwards, used
as aforesaid, or neglect or refuse to give ia an account, on oath, as
aforesaid, shall be rendered incapable of having a licence afterwards,
and shall be prosecuted by the farmer of 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, &d^^^., by him or her sold within such time, would have
amounted to, to be paid to the said farmer.
And be it further enacted.,
toTake'r^^^^'^"^ [Sect. 5.] That the justices in their general sessions of the peace
nizance. shall take recognizances, with sufficient sureties, of all persons by them

licenced, both as to tlieir keeping good rule and order, and duly observ-
ing the laws relating to persons so ]icen[c][s]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 they shall
not use their licence in any house besides that wherein they dwell ;
which recognizance shall be taken witliin the space of thirty da^'s
after the granting of snch licence, otherwise the persons licenced shall
lose the benefit of his or her said licence ; and no person shall be
licenced 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
or her asking for such licence.
Preamble. And wheveas, notwithstanding the laws made against selling strong

drink without licence, many persons not regarding the penalties and
forf [ie][^:'/]tures in the said act, do receive and entertain persons in their
houses, and sell great quantities of spirits and other sti'ong drink, with-
out licence so to do fii'st had and obtained ; by reason whereof great
debaucheries are committed and kept secret, and thereb}' the end and
design of this law is, in a great measure, frustrated, and such as take
licences and pay the excise greatly wronged and injured, —
Be it therefore enacted,
Forfeiture of £4 [Sect. 6.] That whosocvcr, after the said twenty-sixth day of De-
0*111 ^licc'ns'e^' " ccmber, instant, shall presume, eitlier directly or indirectly, to sell any
rum or other distilled spirits, or wine, in any less quant[tY]y than thirty
gallons, and all delivered to one person at one time, without drawing
any part of it off, or any beer, ale, cyder, pcrr^^ or other strong drink,
in less, quantity than ten gallons, without licence first had and obtained
from the court of general sessions of the peace, and recognizing in man-
ner as aforesaid, shall forf|'ie][e?]t and pay for each offence, the sum
of four pounds, and costs of prosecution, one half to the farmer and the
other half to the informer ; and all such as shall refuse or neglect to
pay the fine aforesaid, shnll stand closely and strictly committed in the
common goal of the county for six months 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 forf[ie] [ei]t and paj'^ four pounds, and
pay costs of prosecution as aforesaid. And if any person or persons, not
licenced as aforesaid, shall order, allow, permit [t] or connive at the sell-
ing of any strong drink, contrary to the true intent or meaning of this
act, by his or her child or childi'en, servant or servants, or an}" other
person or persons belonging to or in his or her house or family, and be
thereof convicted, he, she or the}' shall be reputed the offender or offend-
ers, and shall suffer the same penalties as if he, she or they had sold
such strong drink themselves.

[2d Sess.] Province Laws.— 1754-55. 785

And be it further enacted,

[Sect. 7.] That when an}' person shall be complained of for selling One witness euf-
any strong drink without licence, one witness produced to the satisfac- vicUon.°'^ '^°""
tion of the justice or court before whom such complaint shall be tried,
shall be deemed sufficient for conviction. 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, 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 retail-
ing strong drink in such houses, outhouses or other depend[a] [e]ncies
thereof; and if upon examination of such witnesses, and hearing the
defence of such suspected person, it shall appear to the justice there is
sufficient proof of the violation of this act % selling strong drink with-
out licence, judgment may thereupon be made up against such person,
and he shall forf[ie][ei]t and pay in like manner as if process had been
commenced by bill, plaint or information before the said justice ; or
otherwise such justice may 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 be it further enacted,

[Sect. 8.] That when and so often as any person shall be com- Penalty for sell-
plained of for selling any strong drink without, licence to any negro, to^negnKl, mu-
Indian or molatto slave, or to an}' child or other person under the age lattoes, &c.
of discretion, and upon the declaration of any such Indian, negro or
inol[l]atto slaves, child or other person under the age of discretion, and
other circumstances 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 ad-
ministred to him or her by the court or justice that shall try the cause),
such defendant shall forf[ie][ei]t and pay four pounds to the farmer
of excise, and costs of prosecution ; but if the defendant shall acquit
him- or herself upon oath as aforesaid, the court or justice may and
shall enter up judgment for the defendant to recover costs.

And be it further enacted,

[Sect. 9.] That after an}' person shall have been once convicted Persons after
of selling strong liquors without licence, contrary to this act, he shall, ^ enter Into""
upon every offence after such first conviction, be obliged to enter into bonda.
bonds, with one or more sureties, in the penalty of twenty pounds, to
his majesty, for the use of this government, that he will not, in like
manner, oflend or be guilty of any breach of this act ; and upon refusal
to give such bond, he shall be committed to prison until [1] he comply
therewith.

And be it further enacted,

[Sect. 10.] That if any person or persons shall be summoned to Penalty oii per.
appear before a justice of the peace, or the grand jury, to give evidence g?ve evidence.*"
relating to any person's selling strong drink without licence, or to ap-
pear before the court of general sessions of the peace, or other court
proper to try the same, to give evidence on the trial of any [any] person
informed against, presented or indicted for the selling strong drink with-
out licence, and shall neglect or refuse to appear, or to give evidence in
that behalf, every person so offending shall forf[ie][e/]t the sum of
twenty pounds and cost of prosecution ; the one half of the penalty afore-
said to be to his majesty for the use of the province, 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 drink without licence, is or are to be prosecuted for the
99

786 Province Laws.— 1754-55. [Chap. 16.]

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,
quorum unus, and sealed np 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 sufficient evidence, in
the law, to convict any 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 per-
sons 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 enquired of,
shall be liable and subject to the same penalt}^ 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^
How fines are to [Sect. 11.] That all fiucs, forf[ie] [ei]tures and penalties arising by
this act shall and ma}' be recovered by bill, plaint or information, before
any court of record proper to try the same ; and where the sum for-
f[ie][ei]ted doth not exceed four pounds, by bill, plaint or information
before an}^ one of his majesty's justices of the peace in the respective
counties where siTch oflfence shall be committed ; which said justice.is
hereby impowered to tfy and determine the same. And such justice
shall make a fair entry or record of all such proceedings : saving always
to any person or persons who shall think him-, her- or themselves ag-
grieved by the sentence or determination of the said justice, liberty of
appeal therefrom to the nest court of general sessions of the peace to
be holden in and for said count}', at which court such offence shall be
finally determined : provided that in said appeal the same rules be ob-
served as are already, by law, required in appeals from justices to the
court of general sessions of the peace : saving onhj, that the recogni-
zance for prosecuting the appeal shall be eight pounds : provided, every
farmer doth, as he is hereby obliged to, settle all accounts relating to
said excise in the county where he is farmer, first giving seasonable
and publick notice of the time and place or places where said business
shall be transacted : p)rovided, also, that such place or places be always
in one or other of the towns where the court of general sessions of the
peace, by law, is appointed to be held.
Be it further enacted,
Persons em- [Sect. 12.] That ouc or morc persons, to be nominated and ap-

ouuhe excisey"^ poiutcd by the general court, for and within the several counties within
this province, publick notice being first given of the time and place and
occasion of their meeting, shall have full power, and are hereby author-
ized, from time to time, to contract and agree with any person for or
concerning the farming the duties in this act mentioned, upon rum or
other the liquors and commodities aforesaid, in the respective counties
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 one
year after the commencement of this act ; and every person to whom
the duties of excise in any county shall be let or farmed, shall have
power to inspect the houses of all such as are licenced, and of such as
are suspected of selling without licence, and to demand, sue for, and
recover the excise due from licenced persons or others by virtue of this
act.

And be it further enacted.
Farmer to give [Sect. 13.] That the farmer shall give bond with two sufficient
Bum'^a^greld'for surctics, to the proviucc treasurer for the time being, and his success-
be paid into the ors in said office, in double the sum of money .that shall be contracted
public treasury. ^^^,^ ^^^^^ condition that the sum agreed be paid into the province treas-

[2d Sess.] Province Laws.— 1754-55. 787

ury, 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
a committee of such county are to take, and the same to lodge with the
treasurer as aforesaid, within twenty days after such bond is executed ;
and the said treasurer, on failure or neglect of payment at the time
therein limit[f]ed, shall and is hereby impowered and directed to issue
out his execution, returnable in sixty days, against such farmers of
excise and their sureties, or either of them, for the fall sum expressed
in the condition of their bonds, as they shall respectively become due,
in the same manner as he is enabled by law to issue out his executions
against defective constables ; and the said committee shall render an
account of their proceedings touching the farming this duty on rum,
wine and other the liquors and species afore mentioned, in their respect-
ive counties, to the general court in the first week of the next sitting
of this court, and shall receive such sura or sums for their trouble and
expence in said affair as said court shall think fit to allow them.

[Sect. 14.] And every person farming the excise in any county
may substitute and appoint one or more deputy or deputies under him,
upon oath, to collect and receive the excise aforesaid, which shall be-
come due in such county, and pay in the same- to such farmer ; which
deput}^ or deputies shall have, use and exercise all such powers and
authorities as in and by this act are given or committed to the farmers
for the better collecting the dutios aforesaid, or prosecuting ofienders
against this act.

And be it further enacted, anything hereinbefore contained to the con-
trary notio ithstanding,

[Sect. 15.] That it shall and ma}^ be lawful to and for the said farmers. Farmers may
and every of them, to compound and agree with any retailer or innholder any retau'eror''
within their respective divisions, from time to time, for his or her excise innholder.
for the whole year, in one [i] [e]ntire sum, as they in their discretion shall
think fit to agree for, without making any entry thereof as is before
directed ; and all and ever}^ person or persons, to whom the said excise
or an}^ part thereof shall be let or farmed, by themselves or their lawful
substitutes, may and hereby are impowered 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 cognizance) , an}' sum or sums that
shall grow due for any of the aforesaid duties of excise, farmed as
aforesaid or otherwise, where the party or parties from whom the same
is or shall become due shall refuse or neglect to pay the same.

And be it further enacted,

[Sect. 16.] That in case anv person farming the excise as afore- Penalty for
said, or his deputy, shall, at an}^ ime daring their continuance in said aesTffonding!'^
ofllce, wittingl}^ and willingly conm re at, or allow, any person or persons
within their respective divisions, not licenced b}' the court of general
sessions of the peace, their selling any wines, rum or other liquors by
this act forbidden, such farmer or deput}', for every such offence, shall
forf[ie][ei]t the sum of fifty pounds and costs of prosecution ; one half
of the penalty aforesaid to be to his majesty for the use of the prov-
ince, the other half to him or them that shall inform and sue for the
same, and shall thenceforward be forever disabled from serving in said
office.

And to the end that the revenue arising from the excise upon spirit-
uous liquors may be encreased and rais[e]'d with more equality for the.
benefit of the publick, —

Be it enacted,

[Sect. 17.] That from and after the twenty-sixth day of December Duties to be paid
instant, to the twenty-sixth day of December next, every person con- gons7or^wifa7' '
suming, using or any way expending in his or her house, family, apart- liquors they ex-

788

Province Laws. — 1754-55. [Chap. 16.]

ment or business, any rum or other distilled spirits, or wine, except
they purchased the same of a taverner, innholder or retailer in this
province, and in a quantity less than thirty gallons, shall pay the
duties following ; viz"^'^., —

For every gallon of rum or distilled spirits, fourpence ; and for

every gallon of wine, sixpence ; the same excise or duty to be paid to

the farmers of said excise in each respective county, or their respective

deputies ; ten per cent being first allowed for leakage.

And be it further enacted,

Such persons to [Sect. 18.] That every person consuming or any waj^s expending

unler"tir/ir'°^' In his or her house, family, apartment or business, any rum or other

hands, what distilled Spirits, or wine, as aforesaid, except they purchased the same

liquors they con- ^ . ■, i -, -i • \n • ."^ „ -iin

sume, &c. of a taverner, innholder or retailer m this province, as aforesaid, shall,

at the end of twelve months from and after said twenty-sixth day of
December instant, exhibit and give in writing, under their hands, a full
account of all such rum or other distilled spirits, or wine, b}' them so
used, consumed or expended, to the town or district clerk where such
person or persons dwell, or, in case of the death or removal of the town
or district clerk, to the selectmen of said town or district, who are hereby
[^impowered and] directed [and impowered] to receive the several ac-
counts aforesaid, and deliver the same upon demand made to the farmer
or his deput}^ as aforesaid, on pain of said clerk or selectmen's for-
f[ie] [eating and paying to and for the use of said farmer, for each
neglect or refusal, the sum of ten pounds, to be recovered by said
farmer, as by this act is before provided for the like penalty, or to the
farmer of the excise, or to his deputy ; and if said account is lodged
with the said clerk upon demand made by the farmer or his deputy to
the clerk, he shall deliver the same to him or them, first taking an ac-
count of the amount of such person's account so lodged and delivered ;
and no person shall be allowed to amend his account after it hath been
so transmitted, unless he, upon oath, will declare that the omission was
made through ignorance or forgetfulness ; and if the farmer of the ex-
cise shall suspect any person of having given in a false account, such
farmer shall, at his own cost, notify the person suspected to appear
before the next justice of the peace in the county to be sworn thereto ;
and in case of his refusing to appear before the said justice, or to make
oath before the farmer or his deputy, who are hereby impowered to
administer the same, said farmer may apply, by himself or his deputy,
to a justice of the peace in the same county, living nearest to the per-
son so suspected, who is hereby impowered and directed to summon
such suspected person to appear before him, said summons to be served
seven days at least before he be obliged to answer, and shall administer
to him, if required by the farmer, an oath in the words following ;
viz^'].,—

You, A. B., do swear, that the account by you exhibited, is a full account
of all rum or other distilled spirits, or wines, by you consumed, used or any
ways expended, directly or indirectly, in your house, family, apartment or
business, except such liquors be exported and consumed out of tliis province
(fishing voyages excepted) , within twelve months from the said twenty-sixth
day of December, according to the best of your knowledge, except what you
have purchased of a taverner, innholder or retailer within this province, in
a quantity less than thirty gallons. So help you God.

— the costs of said summons, service and administring the oath, to be
paid by the person summoned as aforesaid ; and every person refusing
or neglecting to lodge such account with the town or district clerk,
the farmer or his deputy, or to appeal and make oath to the same as
aforesaid if required, or that shall give a false account, or that shall not

Form of the
oath.

Forfeiture in
case of neglect.

[2d Sess.] Province Laws. — 1754-55. 789

paj'- to the farmer or his deputy the duties aforesaid, on such rum or
other distilled spirits, or wines, as b}' this act he is obliged to pay,
within twenty days after the expiration of said term, shall forf[ie] [e/]t
and pay, to and for the use of the farmer of said excise, the sum of ten
pounds, and costs of prosecution.

[Sect. 19.] And if any person or persons, from and after the twenty-
sixth of December next, shall not have exhibited an account, or com-
jjounded with the farmer or his deputy, or shall not have paid his excise
as aforesaid, it shall and may be lawful for such farmer of excise or his
deputy, to demand of such person or persons an account, upon oath,
what spirituous liquors he or they have consumed, used or anywa3-s
expended in their house, family, or apartment or business, within twelve
months from the twenty-sixth of this instant December as aforesaid :
and if said suspected person or persons shall refuse to give to the
farmer or his deputy an account as aforesaid, within twenty-four hours
after demand, made as aforesaid, or will not declare upon oath that he
hath not directly or indirectly consumed, used or anyways expended,
any spirituous liquors as aforesaid, saving what he purchased of an
innholder or retailer in this province, in a quantity less than thirty
gallons, he shall forf[ie][ei]t and pay to and for the use of said farmer
or his deput}^ for such neglect or refusal, the sum of ten pounds.

And be it further enacted,

[Sect. 20.] That every innholder or retailer, consuming, using, innhoiders or
selling or any way expending in or out of his house, family, apartment thcTfermersf '^^
or business, any rum or other distilled spirits, or wine, shall pay there-
for to the farmer of the duties aforesaid, or his deputy, unless he shall
export the same out of the province ; in all which cases, he may and
shall enjoy the same priviledges, free from an}- duty or penalty, as he
might have done had he not been a licenced person as aforesaid.

And be it further enacted,

[Sect. 21.] That it shall and may be lawful for the said farmers. Farmers may
and every of them, respectively, to compound and agree with any and any personr"'^
every particular person within their respective districts, from time to
time, for his or her excise, during the continuance of this act, in one
[i][e]ntire sum, as they in their discretion shall think fit to agree for,
without said person's making any entr^-, or rendering any account
thereof, as is before directed with respect to innhoiders and retailers ;
anything in this act to the contrary notwithstanding.

And be it further enacted,

[Sect. 22.] That in case of the death of the farmer of excise in any Provision in case
county, the executors or administrators of such farmer shall, upon °^ ^^^^^' ^*^"
their accepting such trust of executor or administrator 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 this act.

Provided, always, —

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

[Sect. 23.] That if au}^ taverner or retailer shall sell to any other Proviso.
taverner or retailer any quantity of distilled liquors or wine, such
taverner or retailer, selling as aforesaid, shall not be held to pay such
duty, but the taverner or retailer who is the purchaser shall pay the
same ; and the seller as aforesaid, shall and is hereby required to de-
liver to the farmer of this duty, a true account of such liquors sold as
aforesaid.

Provided, also, —

[Sect. 24.] That none of the clauses in this act, respecting persons Persons es-
being obliged to render an account of the spirituous liquors aforesaid, """p*®*^-
shall extend, or be deemed or construed to extend, to his excellency the
governour, lieutenant-governour, president, fellows, professors, tutors

790

Province Laws. — 1754-55. [Chap. 17.]

and students of Harvard CollG[d]ge, settled ministers and grammar-
school masters, within this province. [Passed December 19 ; piiblished
December 21.

CHAPTER 17.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWENTY-
THREE THOUSAND POUNDS FOR DISCHARGING THE PUBLICK DEBTS,
AND FOR DRAWING THE SAME INTO THE TREASURY.

Preamble.

Treasurer em-
powered to bor-
row £23,000.

Form of treas-
urer's receipt.

Treasurer di-
rected in borrow-
ing money.

Treasurer to/
give notes on
warrants, &c.

Former war-
rants on ex-
hausted appro-

"WnEREAS the provision made by this court at their last session, b}-
appropriating part of the tax already gone forth, to discharge the debts
of the government, will not only be insufficient for that purpose, but
the money's proposed to be rais'd by the tax aforesaid will not be in the
treasury until[13 the thirty-first of March next ; and whereas^ there are
and will be several demands upon the treasur^^ which do and will require
speedy payment ; therefore, —

Be it enacted by the Governour, Council and House of Representatives.^
[Sect. 1 .] That the treasurer of the province be and he hereby is
impowered and directed to borrow from such person or persons as shall
be willing to lend the same, a sum not exceeding twenty-three thousand
pounds in mill'd dollars at six shillings each, or in other silver at six
shillings and eightpence per ounce ; and the sum so borrowed shall be
applied in manner as in this act is after directed : and for every sum
so borrowed the treasurer shall give a receipt and obligation in the form
following : —

Province \of the'] Massachusetts Bay, day of , 1755.

Received of the sum of for the use and service of

the provhice of the Massachusetts Bay ; and in behalf of said province, I do
hereby promise and oblige myself and successors in the office of treasurer,
to repay to the said , or order, the first day of January, [one

thousand seven hundred and fifty-seven] [ITS?}, the aforesaid sum of
, with interest annually at the rate of six ^er cent per annum.

Witness my hand, A. B., Treasurer.

-^and no receipt shall be given for a sum less than six pounds. And
the treasurer is hereb}- directed to use his discretion in borrowing said
sum at such times as that he may be enabled to comply with the
draughts that may be made on the treasury in pursuance of this act.

And whereas it may so happen that some of the persons who have
done service for this government, and for the pa3'meiTt of which the
sum raised by this act is intended, ma}?- be willing to lend the sum due
to them on interest, and take the treasurer's notes for the moneys so
lent, —

Be it further enacted,

[Sect. 2.] That when and so often as any person or persons who
shall have a warrant on the treasury payable out of any of the appro-
priations mentioned in this act, and shall bring such warrant to the
treasurer, expressing his willingness to lend the sum mentioned in said
warrant to the government, the treasurer in such case shall give out
his notes therefor in like manner as if the same sum had been brought
to him in dollars or other silver, and shall charge the respective appro-
priations with the pa^'ment thereof, until[l] such appropriation shall be
exhausted.

And be it further enacted,

[Sect. 3.] That any warrants which may have been given by the
governour and council, and were payable out of any exhausted appro-

L2d Sess.] Peovince Laavs. — 1754-55. 791

priations in any former acts for snpplyino; the treasury, shall be paid pri^tions, to be
respectivel}' out of the appropriations for the like purpose in this act.

And be it farther enacted,

[Sect. 4.] That the aforesaid sum of twenty-three thousand pounds, £8,oooto be is.
when received into the treasur}", shall be issued out in manner and for and^ga°rrisoM.
the purposes following ; that is to say, eight thousand pounds, part of
the sum of twent^'-three thousand pounds, shall be applied for the
service of the several forts and garrisons within this province, pursuant
to such grants and orders as are or shall be made by this court for
those purposes; and the further sum of five thousand seven hundred fig-^^f ^°*" p''°:
pounds, part of the aforesaid sum of twenty-three thousand pounds, sary's disburse-
shall be applied for the purchasing provisions and the commissary's ^^nts, &c.
necessary disburs[t][e]ments for the service of the several forts and
garrisons within this province, as also for the commissary's dis-
bars [t][e]ments in the late expedition, pursuant to such grants as are
or shall be made by this court for those purposes ; and the farther sum of ^^^^^ ^^^
six thousand pounds, part of the aforesaid sum of twenty-three thousand
pounds, shall be applied for the payment of such premiums and grants
that now are or may hereafter be made by this court; and the farther £i,ooo for debts
sum of one thousand pounds, part of the aforesaid sum of twenty- no^cstabiish."*
three thousand pounds, shall be applied for the discharge of other debts ™°"t' &<=.
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 establishment nor any certain sum assigned for that purpose ; and
for paper, writing and printing for this court ; and the sum of two £2,200 for coim-
thousand two hundred pounds, part of the aforesaid sum of twent}*- resentatives'at-
three thousand pounds, shall be applied for the payment of his majes- tendance.
ty's council and house of representatives serving in the great and gen-
eral court during the several sessions for the present j'car.

And lohereas there are sometimes contingent and unforeseen charges
that demand prompt payment, —

Be it enacted,

[Sect. 5.] That the sum of one hundred pounds, being the remain- £ioo for con-
ing part of the aforesaid sum of twent}- -three thousand pounds, ije ''^°^*^"'' "^ ''''^^^'
applied to pay such contingent charges, and for no other purpose what-
soever.

And in order to draw the money into the treasury again and enable
the treasurer effectually to discharge the receipts and obligations, with
the interest that ma}- be due thereon, b}' him given in pursuance of this
act, —

Be it enacted,

[Sect. 6.] That there be and hereby is granted unto his most ex- Tax of £23,000
cellent majesty, a tax of twenty-three thousand pounds, to be levied on granted.
polls, and estates real and personal, within this province, accord-
ing to such rules and in such proportion on the several towns and dis-
tricts within the same as shall be agreed on and ordered by the general
court of this province at their session in May, one thousand seven hun-
dred and fiftj'-five, which sum shall be paid into the treasury on or
before the thirty-first day of March next after.

And as an additional fund to enable the ti'easurer to discharge the
said notes, —

Be it enacted,

[Sect. 7.] That the duties of impost for the year one thousand Fund,
seven hundred and fifty-five shall be applied for that purpose, and no
other purpose whatsoever.

And as a further fund to enable the treasurer to discharge said re-
ceipts and obligations by him given in pursuance of this act, —

792

Province Laws. — 1754-55. [Chap. 17.]

Rule for appor-
tioning the tax,
in case no tax
act shall he
agreed on.

Be it enacted.
Further fund. [Sect. 8.] That the cluties of excise, or so much of that duty as is

not already mortgaged, arising by virtue of an act for granting unto
his majesty an excise upon spirits distilled, and wine, and upon limes,
lemmons and oranges for the 3-ear one thousand seven hundred and fifty-
five, shall be applied for the paj-ment and discharge of the principal and
interest that shall be due on said notes, and to no other purposes what-
soever.

And as a further fund as aforesaid, —

Be it enacted,
Further fund. [Sect. 9.] That the duties arising by the act for granting to his

majesty several duties upon vellum, parchment and paper, for one 3'ear,
from the commencement of said act, shall be applied for the payment
and discharge of the principal and interest that shall be due on said
notes, and to no other purpose whatever.

And be it further enacted,

[Sect. 10.] That in case the general court shall not, at their session
in May, and before the twentieth of June, one thousand seven hundred
and fifty-five, agree and conclude upon an act apportioning the sum
which % this act is engaged to be in said year 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 propor-
tion of the said sum as the said towns and districts were taxed b}^ the
general court in the tax act then last preceeding, saving what relates
to the pay of the representatives, which shall be assessed on the sev-
eral towns they represent, and the province treasurer is hereby fully
impowered and directed, some time in the month of June, one thousand
seven hundred and fift3'-five, to issue and send forth his warrants, di-
rected 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 sum before directed and engaged to be
assessed ; and the assessors, as also persons assessed, shall observe, be
governed b}^ and subject to all such rules and directions as have been
given in the last preceeding tax act.

And he it farther enacted,

[Sect. 11.] That the treasurer is hereby directed and ordered to
pay the sum of twenty-three thousand pounds out of such appropria-
tions as shall be directed by w^arrant, and no other ; and the secretary,
to whom it belongs to keep the muster-rolls and accompts of charge,
shall lay before the house of representatives, when they direct, such
muster-rolls and accompts, after payment thereof.

Provided, always, —
Proviso. [Sect. 12.] That the remainder of the sum which shall be brought

into the treasury by the duties of impost, excise and stamp duties, be-
fore mentioned, and the tax of twentj'-three thousand pounds ordered
by this act to be assessed and levied, over and above what shall be suffi-
cient to discharge the notes and obligations aforesaid, shall be and
remain as a stock in the treasury, and to be applied as the general
court of this province shall hereafter order, and to no other purpose
whatsoever ; anything in this act to the contrary notwithstanding.
\_Passed January 8 * ; published Jamiary 13, 1755.

* January 7, according to the record.

The treasurer to
conform to the
appropriations.

[2d Sess.] Province Laws. — 1754-55. 793

CHAPTER 18.

AN ACT FOR GRANTING TO HIS MAJESTY SEVERAL DUTIES UPON VEL-
LUM, PARCHMENT AND PAPER, FOR TWO YEARS, TOWARDS DEFREY-
ING THE CHARGES OF THIS GOVERNMENT.

We, his majesty's most loyal and dutiful subjects the representatives Preamble.
in general court assembled, from a sense of the many occasions which
engage this province in great expences, for the defence of the frontiers,
and for the necessary support of the government, 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 thirtieth day of April next, there Rates or duties
shall be, throughout this his majesty's province, raised, collected and ci°8*here^'fter''
paid unto his majesty, his heirs and successors, during the term of two expressed.
years, and no longer, for the several and respective things hereafter
mentioned, which shall be printed, engrossed or written, during the term
aforesaid, the several and respective rates, impositions, duties, charges
and sums of money hereinafter expressed, in manner and form follow-
ing ; that is to say, —

For every skin or p[ei][/e]ce of vellum or parchment, sheet or
p[ei][?"e]ce of paper, upon wliich an}^ capias, original summons, or any
writ of review, or any writ of scire facias, or any writ of execution, that
shall issue out from the clerk's oflice, or pass the seal of the superiour
court of judicature, court of assize, &c'^''^., or of any of the inferiour
courts of common pleas, within this province, shall be engrossed or
written, the sum of threepence.

For every skin or p[ei][i'e]ce of vellum, parchment, or sheet or
p[ei][ie]ce of paper, on which any capias, original summons, or exe-
cution from any justice of the peace, shall be engrossed or written, two-
pence.

For every skin or p[ei][i(?]ce of vellum, parchment, or sheet or
p[ei][«e]ce of paper, upon which any charter-partj", polic}' of assurance
or protest, shall be engrossed or written, the sum of fourpence.

For every skin or p[ei][ie]ce of vellum or parchment, sheet or
p[ei] [;'e]ce of paper, on which any bill of lading, or receipt for money,
or any kind of wares or merchandize that shall be laden on board any
ship or vessel [1], shall be engrossed or written, fourjDeuce.

For every p[ei][fe]ce of vellum or parchment, sheet or p[ei][ie]ce of
paper, on which any certificate under the province seal, or the seal of
any notar5'-publicki shall be engrossed or written, fourpence.

For every p[ei][te]ce of vellum or parchment, sheet or p[ei][ze]ce of
paper, on which any register of a ship or other vessel [1] shall be en-
grossed or written, fourpence.

For every p[ei][te]ce of vellum or parchment, sheet or p[ei][ie]ce of
paper, on which anj^ warrant, monition or decree of the court of vice-
admiralty shall be engrossed or written, fourpence.

For every p[ei][^■e]ce of vellum or parchment, sheet or p[ei][^e]ce of
paper, on which any deed or mortgage of any real estate, the considera-
tion whereof shall be twenty pounds or more, shall be engrossed or
written, fourpence.

For every p[ei][ie]ce of vellum or parchment, sheet or p[ei][ie]ce
of paper, on which any deed or mortgage of any real estate, the con-
sideration whereof shall be less than twenty pounds, or any bond or
obligation, those talcen in the probate office excepted, or other sealed
instrument, shall be engrossed or written, twopence.
100

794:

Province Laws.— 1754-55. [Chap. 18.]

Commissioner
or commission,
ers to be cliosen
as other civil
officers.

Stamp-office to
be kept in Bos-
ton.

Commissioner
or commission-
ers to provide
etami)s, &c.

For every p[ei][te]ce of vellum, parchment, sheet or p[ei][/e]ce of
paper, on which any newspaper shall be printed, one halfpenny.

For every skin or p[ei][<e]ce of vellum or parchment, and for every
sheet or p[ei][i>]ce of paper, upon which any bill of sale for anj' ship
or vessel[l], or any part of one, shall be written, the sum of fourpence.

For every skin or p[ei][ie]ce of vellum or parchment, and for every
sheet or p[ei][ie]ce of paper, upon which any bill for sale for servants
of any sort shall be written, threepence.

And be it farther enacted,

[Sect. 2.] That, for the better and more effectual levying, collecting
and paying the several and respective duties hereby granted, there shall
be chosen and appointed, in like manner as other civil officers in this
government are chosen and appointed, one or more suitable person or
persons, to be a commissioner or commissioners of the stamps for this
province, who shall keep an office in the town of Boston, and shall re-
ceive such allowance for their service as shall be granted by the general
court, and shall, by the space of forty days before the said thirtieth day
of April next, provide four diiferent marks or stamps ; that is to say,
one stamp or mark, with which all vellum, parchment or paper herein-
before charged with the payment of fourpence, shall be marked or
stamped ; and one other stamp or mark, with which all vellum, parchment
and paper hereinbefore charged with the payment of threepence, shall
be marked or stamped ; and one other stamp or mark, with which all
vellum, parchment and paper hereinbefore charged with the payment
of twopence, shall be marked or stamped ; and one other stamp or
mark, with which all vellum, parchment and paper hereinbefore charged
■with the payment of one halfpenny, shall be marked or stamped ; which
said several marks and stamps shall be published by proclamation, to
be issued by the governo[u]r, with the advice of the council, a conven-
ient time before the said thirtieth da^^ of April next, to the end that all
persons may have due notice thereof. And the said commissioner or
commissioners, in providing the said marks or stamps, shall take care
they be so contrived that the impression thereof may ha durable, and so
as the same may be least liable to be forged or counterf[ie][eiJted.

And be it further enacted,

[Sect. 3.] That the said commissioner or commissioners shall, from
time to time, provide, and be sufficiently furnished with, vellum, parch-
ment and paper, stamped or marked as aforesaid, so as his majesty's
subjects may have it in their election to buy the same, without any ad-
vance made thereon, except the duty aforesaid, or to bring vellum,
parchment or paper to be marked or stamped for the use of themselves
or others ; and all vellum, parchment or paper so brought, shall be
marked or stamped without any delaj^, on payment of the rates or sums
charged by this act.

And be it further enacted,

[Sect. 4.] That the said commissioner or commissioners, before he
or they shall be deemed qualified for his or their office or offices, shall
take the following oath ; viz'^'^., —

You, A. B., do swear, that you will faithfully execute the trust reposed in
you, pursuant to an act of this province, intitled " An Act for granting: to his
majesty certam duties on vellum, parchment and paper, for two years, tow-
ards defreying the charges of this government," without fraud or couceal-
ment, and that you will, from time to time, true account make of your doings
therein, according to the directions in said act. So help you God.

[Sect. 5.] And the said commissioner or commissioners shall also

or commission^ givc bond, wlth Sufficient sureties, unto the province treasurer, in the

sum of ten thousand pounds, for his or their faithful discharge of his or

Commissioner
or commission,
ers to be pro-
vided with
stamped vellum,
parchment, and
paper.

Commissioner's
or commission-
ers' oath.

Commissioner
or commiss
ers to give 1

[2d Sess.] Province Laws.— 1754-55. 795

their trust, and that he or they will pay into the province treasur}', on
the first Monday of every month, the sums of money he or they have
receiv[e]'d by virtue of this act, which bonds shall not be liable to be
chancered ; and further, in case such officer or officers be convicted of
unfaithfulness in his or their office, he or they shall, forever after, be
debarr'd of holding any post of honour or profit in this government.

And be it farther enacted,

[Sect. 6.] That the said commissioner or commissioners shall, once To render an
in every j'ear, and oftner when required, render an account of his or their ^°<=ou"'-
doings to the general assembl}", and shall pay the sum or sums from
him or them due into the province treasury.

A7id be it further enacted,

[Sect. 7.] That if any person or persons whatsoever, shall, at an}" Penalty for
time or times hereafter, counterfeit or forge any stamp or mark to gtamp"/"''"^^
resemble any stamp or mark which shall be provided or made in pur-
suance of this act, or shall, with a fraudulent design, counterf[ie][ei]t
or resemble the impression of the same, upon any vellum, parchment or
paper, or shall utter, vend or sell any vellum, parchment or paper, with
mark or impression thereon, knowing the same to be counterfeit, then
every such person so ofieuding, and being thereof convicted, in due form
of law, at the supcriour court of judicature, court of assize and general
goal delivery, shall be fined at the discretion of the said court ; also, to be
set upon the gallows, with a rope about his neck, for the space of an
hour, and shall [be] then [6e] publickly whipped, not exceeding twenty
stripes, and shall then be committed to the house of correction, but not
to receive the usual punishment at his or her first entrance, and be kept
to hard labour for the space of three years.

And be it farther enacted,

[Sect. 8.] That if any person or persons shall, at any time or Penalty for
times, during the two years aforesaid, [i][e]ngross or write, or cause u?e befm^e"^ °^
to be [i][e]ngrossed or written, on any vellum, parchment or paper, recited instru-
print or sell any of the instruments, newspapers or writings charged thdr tefng*^^
by this act, with a fraudulent intent, before such vellum, parchment or stamped.
paper be duly stamped or marked, according to the direction of this
act, every person so offending, and being thereof convicted in due form
of law, shall forf[ie][ei]t and pay for each offence the sum of five
pounds.

And be it further enacted,

[Sect. 9.] That the several courts, officers and justices before officers' power
mentioned, have power to tax in bills of costs, and the officers that gauutampdu.
levy executions to take, the respective stamp duties hereinbefore ties, &c.
charged, ^as there shall be occasion, from time to time, the fees already
by law established notwithstanding, without being subjected to any
penalty for taking said stamp duties.

And be it further enacted,

[Sect. 10.] That the several fines mentioned in this act shall be Fines, howtobe
applied, one half to his majesty, to be paid into the publick treasury, <i'sposed.
for the use of this government, the other half to him or them that
shall inform and sue for the same ; or otherwise, by presentment of the
grand jury, in which case the whole of such fines shall be paid into the
treasur}' aforesaid for the use of the government.

And be it farther enacted,

[Sect. 11.] That none of the several foregoing writings or instru- The foregoing
ments required by this act to be stamped or marked, and which shall g"ood in^aw nn.
not be stamped or marked, shall be admitted to be good, useful or less stamped,
available in law or equity, nor shall be pleaded or given in evidence in
any of his majesty's courts within this province.

796 Province Laws.— 1754-55. [Chap. 19.]

And tvhereas some of the foregoing instruments charged by this act
may be sometimes printed in whole or part, —
Be it therefore enacted,
Instruments [Sect. 12.] That any of said instruments that may be printed

or part incTuded wholly or in part, shall be deemed to be included, comprehended and
in this act. charged by this act, to all intents and purposes, as if the same had
been [i][e]ngrossed or in writing.
And be it further enacted,
This act to be [Sect. 13.] That this act [s/ittZZ] be publickly read in the several
meetings.^"^ towns and districts in this province at their ann[e][i]versary town, or
district, meetings in March next, by their respective clerks. [_Passed
January 8 ; published January 13, 1755.

CHAPTER 19.

AN ACT IN ADDITION TO AN ACT, INTIT[U]LED "AN ACT FOR GRANT-
ING UNTO HIS MAJESTY AN EXCISE UPON SUNDRY ARTICLES HERE-
AFTER ENUMERATED, FOR AND TOWARDS THE SUPPORT OF HIS
MAJESTY'S GOVERNMENT OF THIS PROVINCE."

Preamble. Whereas in and by an act, in titled " An Act for granting unto his

1754-55, chap. 3. ujajesty an excise upon sundry articles hereafter enumerated, for and
towards the support of his majesty's government of this province,"
made and pass'd in the twenty-seventh year of his present majesty's
Wordsinformer reign, it is provided in the words following; viz'^'^., '■^provided, never-
theless, it shall and may be lawful to sell or dispose of any tea or
china-ware to any person whatsoever, in case such tea or china-ware
be in a chest or package as imported, and not less in value than twenty
pounds lawful money, and also to sell and dispose of any coffee to any
person whatsoever, in a quantity not less than one hundred weight" ;
a7id lohereas also by said act it is further provided in the words follow-
ing ; viz^^'^., " that if any person licen[s][c]ed to sell any of the afore-
said commodities shall purchase them of any other person licen[s] [c]ed
to sell the same, such purchaser shall not be held to pa}^ an excise on any
quantity so purchased ; " cmd inasmuch as divers persons licen[s][c]ed
to sell the said commodities have sold said commodities to other per-
sons licen[s][c]ed to sell the same, in and by such large quantities as
that, by v[i][e]rtue of the' said proviso of said act first recited, the
seller was exempted from paying an}' duties or excise for said com-
modities, and the purchasers of said commodities, purchasing the same
by such large quantities, were exempted from paying any excise for all
said commodities sold by them, purchased as aboves[ai]d, by v[i][e]rtue
of the abovesaid proviso last recited, it has so happened that the design
of the government to raise a revenue by said act has hitherto been in a
great measure frustrated, and also for the future may continue to be
frustrated, unless provision be made by this court to prevent the
same, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,
PerBonsiicensed, [Sect. 1.] That from and after the tenth day of January next, and
torendcr*^arac.' during the coutinuaucc of the act before mentioned, every person
count to the already licen[s][c]ed to sell all or an}^ of the aforesaid commodities, or
armeronoa . ^^^^ ^^^^ hereafter, during the continuance of said act, be licen[s][c]ed
to sell the same, shall be held and obliged to render to the farmer of the
before-mentioned excise, or his deput}', a just and true account, on

[2d Sess.] Province Laws. — 1754-55. 797

oath, of all tea, coffee and china-ware by him or her sold or consumed
after the tenth day of January next, and also to pay to said farmer, or
his deputy, the duties by said act set on said cominodities so sold or
consumed, be the weight or value of what is sold more or less ; anything
in the first recited proviso of the before-mentioned act notwithstanding.
And every person licen[s][c]ed as aforesaid, who shall presume to sell
anj' of the before-mentioned commodities, and shall refuse or neglect to
account with the farmer, and pay the duties required by this act, shall
be subject for each offence to the penalty as if he or she should sell
without licen[s] [c]e, and shall be rendered incapable of renewing his or
her licen[s][c]e to sell the same for the future ; the penalty to be re-
covered shall be one half to the informer, and the other half to the 1754-55, chap. i6j
farmer, and the manner of conviction shall be the same as of persons ^ ^'
selling strong liquors without licen[s][c]e.

Provided, nevertheless, —

[Sect. 2.] That if any licen[s][c]ed person shall have purchased Proviso.
any of the commodities so sold by him or her, of any other licen[s][c]ed
person who shall have paid, or secured to pay, the excise thereon, such
licen[s][c]ed person so purchasing shall be exempted from paying any
further excise thereon, provided he produce a certificate that the excise
thereof is paid, or secured to be paid, as aforesaid.

And he it further enacted,

[Sect. 3.] That from and after the tenth day of January next. Persons appiy.
and during the continuance of said act, every person who shall apply to^gfve bond!*^"'
to the court of general sessions of the peace in any county for
licen[s][c]e to sell all or any of the said commodities, shall, before
such licen[s][c]e be granted to him or her, be obliged to give bond,
with sufficient sureties, for their well and truly paying the duties bj'
said act set on said commodities, which by this act all licen[s][c]ed
persons are obliged to pay. [^Passed January 2 ; published January
13, 1755.

CHAPTER 20.

AN ACT TO PREVENT DAMAGE TO ENGLISH GRAIN, ARISING FROM
BARBERRY-BUSHES.

Whereas it has been found, by experience, that the blasting of wheat Preamble.
and other English grain, is often occasioned by barberry-bushes, to the
great loss and damage of the inhabitants of this province, —

Be it therefore enacted by the Governour, Council and House of Bep-
resentatives,

[Sect. 1.] That whoever, whether community or private person, Barberry-
hath any barberry-bushes standing or growing in his or their land J^ir^ated"©!! m^'
within any of the towns in this province, he or they shall cause the briorejune,
same to be extirpated or destroyed on or before the tenth day of June, ^'^^'
Anno Domini one thousand seven hundred and sixty.

Be it further enacted,

[Sect. 2.] That if there shall be any barberry -bushes standing or Liberty after
growing, in any land within this province, after the said tenth day of j^erlmuo^cut""''
June, it shall be lawful, b}'^ virtue of this act, for any person whomso- thom down, pro-
ever, to enter the lands wherein such barberry-bushes are (first giving ''"^°^' ^°'
three months' notice of his intention so to do, to the owner or occupant
thereof), and to cut them down, or pull them up by the roots, and then
to present a fair account of his labour and charge therein to the owner

798

Peovestce Laws. — 1754-55. [Chap. 20.]

Provision in
case owners or
occupants neg-
lect, &c.

Actions may be
■brouglit as in
cases of the like
nature.

Survej'ors of
highwaj-s em-
pu'wcred to ex-
tirpate bar-
berry-busbcs
standing in high-
ways.

Penalty, in case.

Provision if

eucb bushes
grow in stone
wall, or fence.

Owner or pro-
prietor to pay
for pulling up
or destroying
said bushes.

Limitation.

or occupant of the said land ; and if such owner or occupant shall
neglect or refuse, by the space of two months next after the presenting
said account, to make to such person reasonable payment as aforesaid,
then the person who cut down or pulled up such bushes, may bring his
action against such owner or occupant, owners or occupants, before any
justice of the peace, if under forty shillings ; or otherwise, before the
inferiour court of common pleas in the county where such bushes grew ;
who, upon proof of the cutting down or pulling up of such bushes, by
the person who brings the action, or such as were employed by him,
shall and is hereby, respectivel}', impowered to enter up judgment for
him to recover double the value of the reasonable expence and labour in
such service, and award execution accordingly.

Be it further enacted,

[Sect. 3.] That if the lands on which such bushes grow are com-
mon and undivided lands, that then an action may be brought, as afore-
said, against any one of the proprietors, in such manner as the laws of
this province provide in such cases where proprietors may be sued.

Be it further enacted,

[Sect. 4.] That the surveyors of the highways, whether publick or
private, be and hereby are impowered and required, ex officio, to destroy
and extirpate all such barberry-bushes as are or shall be in the high-
ways in their respective wards or districts ; and if any such shall re-
main after the aforesaid tenth day of June, Anno Domini one thousand
seven hundred and sixty, that then the town or district in which such
bushes are, shall pay a fine of two shillings for every bush standhig or
growing in such highway, to be recovered by bill, plaint, information,
or the presentment of a grand jury, and to be paid, one half to the in-
former, and the other half to the treasurer of the county in which such
bushes grew, for the use of the county.

Be it further enacted,

[Sect. 5.] That if any barberry-bushes stand or grow in any stone
wall, or other fence, either fronting the highway, or dividing between
one propriety and another, that then an action may be brought, as afore-
said, against the owner of said fence, or the person occupying the land
to which such fence belongs ; and if the fence in which such bushes
grow is a divisional fence between the lands of one person or commu-
nity and another, and such fence hath not been divided, by which means
the particular share of each person or community is not known, then an
action may be brought, as aforesaid, against either of the owners or
occupants of said land.

Be it further enacted,

[Sect. 6.] That where the occupant of any land shall eradicate and
destroy any barberr3'-busbes growing therein, or in any of the fences
belonging to the same (which such occupant is hereby authorized to do,
and every action to be brought against him for so doing shall be utterly
barred), or shall be obliged, pursuant to this act, to pay for pulling
them up or cutting them down, that then the owner or proprietor of
such land shall pay the said occupant the full value of his labour and
cost in destroying them himself, or what he is obliged to pay to others
as aforesaid ; and if the said owner or owners shall refuse so to do, then
it shall be lawful for said occupant or occupants to withhold so much of
the rents or income of said land as shall be sufficient to pay or reim-
burse his cost and charge arising as aforesaid.

[Sect. 7.] This act to continue and be in force until [1] the tenth
day of June, one thousand seven hundred and sixty-four. \^Passed
December 26, 1754; published January 13, 1755.

[2d Sess.] Province Laws.— 1754-55. 799

CHAPTER 21.

AN ACT FOR THE SECURING THE GROWTH AND INCREASE OF A CER-
TAIN PARCEL OF WOOD AND TIMBER IN THE TOWNSHIPS OF IPSWICH
AND WENHAM, IN THE COUNTY OF ESSEX.

Whereas there is a lar2:e tract or parcel of woodland l^'ing in the Preamble,
townships of Ipswich and Wenham, commonly known by the name of
Wenham Great Swamp, bounded easterly by a brook and a pond known
by the name of Pleasant-Pond Brook ; southerly on land belonging to
adjacent proprietors ; westerly on a meadow and some swamp, known
by the name of Wenham Great Meadows; northerly on the meadow
known by the name of Saltonstall Meadows, to the brook first men-
tioned ; and whereas it would be of great advantage to said towns, as
well as to the particular owners of said wood and timber, that the
growth thereof should be preserved from feeding and browzing of cattle
and sheep, which are frequently turn'd and kept there in considerable
numbers ; and the laws already in force for embodying proprietors of
common fields not reaching this case, there needs a further provision, —

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

[Sect. 1.] That from and after the fifteenth day of January instant. Proprietors of
it shall and may be lawful for any five of the proprietors of said wood- on ai^Xtuon'
land to apply to a iustice of the peace within the same countv, setting to a justice, may
forth in writing, under their hands the intended bounds by which they for a meeting,
would circumscribe their proposed propriety, together with their inten- ^'^•
tions of incorporation for the purpose aforesaid, with the time and
place of their intended meeting ; on which application the justice 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, in one publick place in said Wen-
ham, and also in the Third Parish in said town of Ipsvvich, twenty days
at least before the time of said meeting ; at which time and place it
shall be lawful for the said proprietors to meet, and ch[oo][it]se a
moderator and clerk ; and if two-tbirds of the whole proprietors (to be
reckoned by their interest) shall see meet, they may, by vote, incorpo-
rate themselves into one bod}', in which the whole proprietors owning
lands within the limits aforesaid shall be included-; and may at said
meeting agree upon some proper methods for calling proprietors' meet-
ings for the future : and the said proprietors so incorporated, shall have
and enjoy all the powers and privileges for the ordering and managing
the affairs of said woodland, for the preservation and interest thereof,
as fully and ampl}', to all intents and purposes, as any proprietors of
common and general fields already embodyed do or may enjoy by the
laws of this province already in force ; the said proposed proprietors Rules to be ob-
observing the same rules and methods in ordering and managing their p'royi^Jtors!"^
wliole affairs in all respects as the laws have provided in cases of com-
mon or general fields.

[Sect. 2.] This act to continue and be in force for the space of ten Limitation.
years from the publication thereof, and no longer. \_Passed January 9 ;
■published January 13, 1755.

800 PnovixcE Laws.— 1754-55. [Chaps. 22, 23.]

CHAPTER 22.

AN ACT FOR CONTINUING AN ACT OF THIS PROVINCE, INTITLED " AN
ACT TO IMPOWER THE PROPRIETORS OF THE MEETING-HOUSE IN
THE FIRST PARISH IN SALEM, WHERE THE REVCd]. MR. JOHN SPAR-
HAWK NOW OFFICIATES, AND ALSO THE PROPRIETORS OF THE
MEETING-HOUSE IN THE THIRD PARISH IN NEWBURY, WHERE THE
RE VCD]. MR. JOHN LOWELL OFFICIATES, TO RAISE MONEY FOR DE-
FREYING MINISTERIAL AND OTHER NECESSARY CHARGES."

Preamble. Whereas an act, intitlecl " An Act to impower the proprietors of the

meeting-house in the First Parish in Salero, where the Rev'^^^ Mr. John
Sparhawk now officiates, and also the proprietors of the meeting-house
in the Third Parish in Ncwburj^ where the Rev"^*^^. Mr. John Lowell
officiates, to raise money for defreying ministerial and other necessary
charges," was made and passed in the twenty-fourth year of his pres-
ent majesty's reign, which act is near expiring ; and the same having
been found beneficial, and necessary for the purposes for which it was
passed, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,
Continuation of That the said act, and every matter and clause therein contained, be
tiiis act. a^jj(j gjjali continue in force from the first day of February next, until [1]

the first day of February, one thousand seven hundred and sixty, and
from thence to the end of the then next session of the general court,
and no longer. l_Passed January 10 ; published January 13, 1755.

CHAPTER 23.

AN ACT FOR THE SUPPLY OF THE TREASURY WITH THE SUM OF SIX
THOUSAND POUNDS, AND FOR APPLYING THE SAME FOR THE PAY-
MENT OF THE FORCES RAISED FOR THE LATE EXPEDITION AT KEN-
NEBECK.

Preamble. Whebeas the provision made by this court at their sessions in April

1753.54, chap. 40. and May last, of seven thousand four hundred and fourteen pounds, for
1754.55, chap. 9. ^^^ abovc purposc, is insufficient to answer the ends proposed, and it
being necessary, as well for the honour of the government as for the
encouragement of future expeditions, that a further and an immediate
supply should be made, that so the officers and private soidiers who have
served the province in the said expedition may forthwith receive their
pay according to their several [1] establishments, —

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

Treasurer em- [Sect. 1.] That the treasurer of the province be and he is hereby

powered Jo bor- impow[e]red and directed to borrow, from such person or persons as

' ' shall be willing to lend the same, a sum not exceeding six thousand

pounds, in mill'd dollars, at six shillings each, or in other silver at six

shillings and eightpence per ounce ; and the sum so borrowed shall be

applied by the treasurer for the payment and discharge of all such

draughts as shall, from time to time, be drawn on him by the govornour

• and council, to be paid out of the appropriation for the forces in Lhc

late expedition, &c^'-'^. ; and for every sum so borrowed, the treasurer

shall give a receipt and obligation in the form following : —

[2d Sess.] PnovixcE Laws.— 1754-55. 801

Province of the Massachusetts Bay, day of , 175 . Form of treas-

Keceived of the sum cf . for the use and service of the province "'''^'" ^ ^'^'^^'P*-

of the Massachusetts Bay, and, in behalf of said province, I do hereby promise
and oblige myself and successors in the office of ti'easurer, to repay to the said
or order, on or before the first of December, seventeen hundred and
fifty-six, the afpresaid sum of , with interest annually, at the rate of six

per cent per annum. Witness my hand, A. B., Treasurer.

And in order to draw the mone}^ into the treasury again, and enable
the treasurer efTectually to discbarge the receipts and obligations, with
the interest that ma}- be due thereon, by him given in pursuance of this
act, —

Be it further enacted,

[Sect. 2.] That there be and hereby is granted unto his most excel- Tax of £6,ooo in
lent majest}^ a tax of six thousand pounds, to be levied on polls, and
estates 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 the general court of this
province at their session in May, one thousand seven hundred and
fifty-five ; which sura shall be paid into the treasmy on or before the
thirty-first day of March next after.

And tvhereas, when all the government securit [y] [/e]s are re [e]deemed, Preamble,
excepting what are given by v[i][(?]rtue of this act, and the outstand-
ing taxes, exclusive of the tax for the present year, are paid into the
treasury, there will be considerable surplusage ; therefore, as an addi-
tional fund or security to enable the treasurer to discharge the notes
and obligations by him given in pursuance of this act, —

Be it further enacted,

[Sect. 3.] That what surplusage shall be in the treasury after said f™<^-
notes are discharged, shall be applied for the payment and discharge of
the principal and interest that shall be due on the receipts and obliga-
tions given in pursuance of this act, and to no other purpose whatever.

A7id be it further enacted,

[Sect. 4.] That in case the general court shall not, at their session Rule for appor
in May, and before the twentielli of June, one thousand seven hundred in^casf no°tax^
and fifty-five, agree and conclude upon an act apportioning the sum ^'^reedon*'
which by this act is engaged to bo, in said year, apportioned, assessed '
and levied, that then, and in such case, each town and district within
this province shall pay a tax, to be levied on the polls, aufl estates
both real and personal, within their limits, the same proportion of the
said sum as the said towns and districts were taxed by the general
court in the tax act then last preceeding : saving what relates to the pay
of the representatives, which shall be assessed on the several towns they
respectively represent ; and the province treasurer is herebj" fully im-
pow[e]red and directed, some time in the month of June, one thousand
seven hundred and fift3--five, to issue and send forth his warrants, di-
rected 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, and for their
respective parts and proportions of the sum before directed; and the
assessors, as also persons assessed, shall observe, be governed b}-, and
subject to all such rules and directions as have been given in the then
last preceeding tax act. \^Passed and published November 23.
101

802

Province Laws. — 1754-55. [Chap. 24.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Fifth day of February, A. D. 1755.

CHAPTER 24.

Preamble.
1748-49, chap. 16.

Bheriffs em-
powered to
make sale of
forfeited estates
in the Land-
bank, in case.

Proviso, in cases
where the
estate is in
other hands
"ncsides the
directors and
partners.

AN ACT IN FURTHER. ADDITION TO THE SEVERAL LAWS ALREADY IN
BEING FOR THE MORE SPEEDY FINISHING THE LAND-BANK OR MAN-
UFACTORY SCHEME.

Whereas the Land-bank or Manufactorj' Scheme cannot be equitably
finished unless further provision be made by law for the sale of such
real estates of delinquents as are or may be taken by execution or war-
rants of distress, —

Be it therefore enacted by the Governour^ Council and House of Repre-
sentatives,

[Sect. 1.] That every sheriff, undersheriff or deputy sheriff, who
(upon the receipt of any execution or warrant of distress, issued or to be
issued by the commissioners by law appointed to finish the said scheme,
against the estates of any of the late directors or partners therein,
for any sum or sums of money assessed or that ma^' be asses^d on
them, or either of them, or which their estates are by law made liable
to the payment of) hath or shall have levied such sum or sums on the
whole or any part of the real estate of any such director or partner,
and shall have obtained from the register of deeds in the county where
such lands l[y] [i]e, a certificate that, upon a careful search made in the
registry of deeds there, it doth not appear that any conveyance or.
alfenation of such estate hath been made by such director or partner
and ent[e]red or lodged in such registry at any time before the month
of October, Anno Domini one thousand seven hundred and forty-three
(at which time those estates were by law subjected to the payment of
what should appear to be due therefrom to the company of partners) ,
such sheriff or undersheriff or deputy, shall be and hereby is author-
ized and impowered, after the time allowed by law for the redemption
of such estates shall be expired, to make sale thereof, and to make,
sign and execute, in due form of law, a deed or deeds of conveyance
thereof, with warrant[e][i]e ; which instrument or instruments of con-
veyance shall make a good title to the purchaser, his heirs and assigns,
forever.

Provided, ahvays, —

And be it further enacted,

[Sect. 2.] That any person or persons, other than the director or
partner whose estate shall be taken and sold as aforesaid, or his heirs,
assigns or devisees, claiming any right in or to such estate, may, any-
thing in this act before mentioned notwithstanding, bring his or their
action for the recovery thereof, provided the same be commenced and
pursued within one year from the time of making such conveyance ;

[3d Sess.] Province Laws.— 1754-55. 803

and every action of trespass, ejectment, or other action against the sher-
iff, or other officer, for his doings therein, or that shall be brought to
evict or in an3'wise to molest the purchaser, his heirs or assigns, in the
peaceable possession of the estate sold him as aforesaid, at any time
after the expiration of said term, shall be utterly barr'd : saving such
action or actions as may be brought by any person or persons who, at
the time of such conveyance, shall be and shall continue out of this
province 'till after the expiration of said term, or that shall be brought
by any person who, during that time, shall be under some legal inca-
pacity of bringing his action ; in either of which cases such action may
be brought within one year from and after the removal of such impedi-
ment, and not afterwards.

And be it farther enacted^

[Sect. 3.] That the several surviving directors and partners in said The estates of
scheme, and their estates, and the estates of such of them as are de- dcceal^f dialect.
ceased, shall be and they are hereby subjected and made liable to answer orsami partnera
and refund all costs and charges that may arise in consequence of any answer charges.
such conveyance ; such charges to be assessed on them by the said com-
missioners, and to be rais[e]'d and collected in manner and proportion
as set forth in the act made in the twenty-fourth year of his present i75o.5i,chap.23.
majesty's reign, intitled " An Act in addition to the several laws already
in being for the more speedy finishing the Land-bank or Manufactory
Scheme."

And whereas divers of the mortgages given by the partners, at their Preamble,
first entrance on said scheme, to secure the payment of their dues to
the company of partners, are not as yet discharged by the commission-
ers, nor such dues to the company paid ; and zohereas the original mort-
gages, lodged in the court-house in Boston, were consumed by fire, —

Be it therefore further enacted,

[Sect. 4.] That upon suit brought, or that may be commenced, upon Attested copy
any such mortgage remaining not discharged, an attested copy of the °o be^vami as°^'
record thereof in the registrj' of deeds in the county where the estate the original.
so mortgaged lies, shall be deemed good and sufficient to all intents and
purposes as if the original mortgage was produced in court on the
tr[y][^]al.

Provided, —

[Sect. .5.] That nothing in this or any former act shall be construed Proviso that the
or understood to abridge the said commissioners of the power formerly power bTnot*'
given them, b}'' the laws of this province, bj^ due course of law, in such invalidated.
cases as they shall judge may require it, to recover of any director or
partner what became due from him to the company of partners by force
of any former assessment, or otherwise, or of making and executing
deeds of conveyance of such estates as have been or may be taken by
execution in satisfaction of such dues. [^Passed February 27 ; jnib-
lished February 28.

CHAPTER 25.

AN ACT IN ADDITION TO AN ACT MADE AND PASS[£]'D THIS PRESENT
YEAR OF HIS MAJESTY'S REIGN, INTITLED " AN ACT FOR SUPPLYING
THE TREASURY WITH THE SUM OF TWENTY-THREE THOUSAND
POUNDS FOR DISCHARGING THE PUBLICK DEBTS, AND FOR DRAW-
ING THE SAME INTO THE TREASURY."

Whereas, in and by an act made and pass'd this present year, in- Preamble.
titled "An Act for supplying the treasury with the "Sum of twenty- 1754-55, chap. it.

804

Peovixce Laws. — 1754-55.

[CiiAP. 26.]

three thousand pounds for discharging the publick debts, and for
drawing the same into the treasury," the treasurer of this province is
impowered to borrow the said sum of twenty-three thousand pounds,
and to give his receipts and obligations in manner as is therein ex-
pressed ; and notwithstanding provision is made by said act that the
persons who lend the same should be repaid in mill'd dollars at six
shillings each, or in other silver at six shillings and eightpence per
ounce, yet, as it does not appear in the face of said receipts or obliga-
tions, it may be a discouragement to many persons disposed to lend, —

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

[Sect. 1.] That all receipts or obligations which shall be given for
such parts of the aforesaid sum of twenty-three thousand pounds which
still remains to be borrowed, shall be in the form following ; \^viz.'] , —

Province of the Massachusetts Bay, day of 1755.

Received of the sum of , for the use and service of

the province of the Massachusetts Bay, and, in hshalf of said province, I do
hereby promise and oblige myself and successors in the office of treasurer,
to Y>cij to the said or order, on or before the first day of

January, 1757, the said sum of , in coined silver of sterling alloy,

at six shillings and eightpence per ounce, or Spanish mill'd dollars of full
weight, at six shillings each, with interest annually, at the rate of six per
cent per annum.

And be it further enacted.

Former obiiga- [Sect. 2.] That all such receipts or obligations as have been already

treasurer's'to be issucd in conscqucnce of the aforementioned act, shall be and are

paid at the same jjercby declared to be payable in coined silver, of sterling alloy, at six

shillings and eightpence per ounce, or Spanish mill'd dollars, at six

shillings each, altho' the same be not in express terms promised in said

receipts or obligations. [^Passed February 18 ; published February 22,

1755.

New form of
treasurer's
receipts for
money to be
borrowed.

CHAPTER 26.

AN ACT FOR APPOINTING ASSAYERS OF POTASH AND PEARLASH.

Preamble. Whereas potash and pearlash, imported into Great Britain from

Russia and other foreign parts, are there used in great quantities, for
the purchase whereof large sums of money are annually expended, and
carried out of the nation and paid to foreigners ; and whereas it hath
been found by experience that those commodities can be made' within
this province, not inferiour to the best that is manufactured in foreign
parts, and if here made in large quantities and in the best manner, fit
for transportation, would be of no small advantage as well to our
mother country as to the mercantile and landed interest of the prov-
ince : provided, none but what is good and mercliantable should be
allowed to be shipped otT, and such as, from the excellency of its quality,
may obtain a free vent ; and as the prohibiting the exportation of such
of those commodities as are deficient, or wanting in that degree of
goodness and perfection, can no way prejudice the persons already en-
gaged in that business who may be less skilful therein, inasmuch as
the method of proceedure in making pearl- and potash of the most per-
fect kind will soon be communicated to th» publick, for. the instruction
of all persons already' engaged, or that shall be inclined to engage, in
that manufactute ; and as such prohibition will be an etfcctual mean to

[oD Sess.] Peovince Laws. — 1754-55. 803

preserve and secure the credit of our own produce, and to defeat any
attempts of persons abroad, whose private interest ma}- induce them to
unite their endeavours to discourage that manufacture here, by undqr-
vahiing and dccr3-ing, in the markets at home, what shall be transported
thither from this province, —

Be it therefore enacted l»j the Governour, Council and House of Eepre-
sent[^ati']ves,

[Sect. 1.] That from and after the first day of July next, no pot- No potash or
ash or pearlash made within this province, shall be ship[p]'d or ex- Fxponed'umfi
ported but such as shall have been assayed and found to be of sufficient '' '"^* passed an
strength and purity, and to have those .qualities in such degree of
perfection as shall be ascertained and fixed by this court (or such fit
persons as shall be appointed and authorized for that purpose), as the
standard of such potash and pearlash as shall be deemed merchantable
and fit for exportation.

And be it farther enacted,

[Sect. 2.] That some skilful and disinterested person or persons, Assay-master to
to be appointed by this court, in such seaport towns within this province and sworur^
where there shall be occasion, be assay-masters for the proving and
assaying of potash and pearlash, who shall be sworn to the due and
impartial execution of their trust ; and their duty shall be, when desired,
to inspect and assa}- all potash and pearlash that shall be brought to
any such seaport town to be shipped; and every such assa^'-master is Their duty,
hereby authorized to open the casks or vessels containing those com-
modities, and to take out so much thereof for tr[y][i]al as may proba-
bly discover the condition of the whole, he returning the same' to the
owner after tr[y][i]al made thereof: and every cask or other vessel of
pearl- or potash, which b}' such assay shall appear to be good and mer-
chantable, according to the rule or standard that shall be established as
aforesaid, he shall mark or imprint with some distinguishing mark or
brand, to be appointed by the governour and council, to denote that
the same has been assayed and approved.

And he it further enacted,

[Sect. 3.] That if the owner of any pearl- or potash, or other per- Penalty for
son employed by him, shall presume to lade or put on board any vessel, potash fr^pJari.
au}^ potash or pearlash, other than such as shall have been approved ash not ap-
by an assaj'-master, or shall be contained in any cask that shall not ^"ay. "^'""
have his mark or stamp upon it, or if any master of a ship or other
vessel, or other officer or mariner, shall receive on board any such, the
offender or offenders shall incur the penalty of five pounds for each
cask or other vessel so shipp[e]'d, to be sued for and recovered in any
of his maj[cs]ty's courts of record within this province; and all such
potash and pearlash, laded or received on board as aforesaid, shall be
forfeited ; one moiety of such penalty and forfeiture to be to his majesty
for the use of this province, the other moiety to him or them that shall
inform and sue for the same. And it shall be lawful for any justice of Method of pro.
the peace, upon information given of any potash or pearlash put on suchoffenders*
board any vessel, as afores[ai]d, not mark'd as afores[ra']d, to issue his
warrant, directed to the water-bailiff, or to the sheriff or his deput}', or
constable, requiring them, respectivel}', to make seizure of au}^ such
potash or pearlash ship[p]'d and not mark'd as afores[oiJd, and to
secure the same in order to tr[y][i]al; and such officers are hereby
respectively impowered and required to execute the same.

And he it further enacted,

[Sect. 4.] That if after any cask or other vessel of potash or pearl- Penalty for
ash shall have been approv'd and stamp'd with the assay-master's mark asifandpe'aH.°''
or stamp, any cooper or other person shall presume to shift the con- ash out of the
tents of such cask or other vessel, and to put therein either of those &cJ ° ^^^^'

806

Peovixce Lav.s. — 1754-55. [Chap. 27.]

Assay-master's
fee, &c.

commodities that have not been duly assa5'ed and approved as afore-
s[ai]d, such cooper or other person offending therein, shall forfeit and
pay the sum of ten pounds, to be recovered and applied in manner as
aJbresaid.

And be U further enacted^

[Sect. 5.] That the respective assay-masters shall be paid for everj'
cask, or other vessel, of either of the commodities afores[ai]d that he
shall assay, the sum of two shillings, to be paid by the owner ; and if
he refuse to satisfy the officer for his fees afore mentioned, it shall be
lawful for him to detain so much of the said commodities as will make
How to be paid, him satisfaction for his servjce ; and if the owner do not redeem the
same within twent3'-four hours, he may then expose it to sale, and out
of the proceeds may satisfy himself his fees and charges, returning the
overplus, if any be, to the owner.

[Sect. 6.] This act to continue and be in force from the first of
July next, until[l] the first day of July, one thousand seven hund[re]d
and sixty, and no longer. [^Passed February 21 ; published February
22, 1755.

Limitation.

CHAPTER 27.

AN ACT FOR THE MORE EFFECTUAL CARRYING INTO EXECUTION
SUCH ORDERS AS SHALL, AT ANY TIME, BE GIVEN BY HIS MAJESTY'S
GOVERNOUR OR COMMANDER-IN-CHIEF, AT THE DESIRE OF THE
TWO HOUSES OF ASSEMBLY (OR OF THE COUNCIL, THE GENERAL
COURT NOT SITTING), FOR RESTRAINING VESSELS FROM SAILING
OUT OF ANY PORTS WITHIN THIS PROVINCE.

Preamble.

Penalty for any
vessels sailing,
in case of an
embargo, with-
out license.

Any one owner
may be sued.

Limitation,

Whereas it is sometimes necessar}^, for his majesty's service, that an
embargo [c] should be laid upon ships and other vessels within the
province, —

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

[Sect. 1.] That when and so often as his majesty's governour or
commander-in-chief shall be desired by the council and house of repre-
sentatives (or by the council only, the general court not sitting), to issue
a proclamation or order prohibiting vessels to sail or depart from the
several ports, harbours, and other parts of the province, and a procla-
mation or order shall accordingly be issued b}- the governo[M]r or com-
mander-in-chief, with the advice of the council, if an}^ vessel, in con-
tempt of such proclamation or order, shall sail or depart to any port
or place, the special leave of the governour or commander-in-chief not
being first had and obtained, the master of every vessel so departing
shall forfeit and pay the stim of one hundred pounds ; and the owner or
owners of every such vessel shall likewise forfeit and pay the sum of
one hundred pounds ; and the said last-mentioned forfeiture shall and
may be recovered from any or either of the owners of such vessel, where
more than one person shall be interested. And the aforesaid penalties
ma}' be sued for and recovered by bill, plaint, or information in any of
his majesty's courts of record within this province, one half thereof to
his majesty, to be paid into the publick treasury for the use of the prov-
ince, the other half to him or them that shall inform and sue for the
same.

[Sect. 2.] This act to continue and be in force for the space of one
year from the publication thereof, and no longer. [Passed February
21 ; published February 22, 1755.

[3d Sess.] Province Laws.— 1754-55. 807

CHAPTER 28.

AN ACT IN ADDITION TO AND FOR REND [£] RING MORE EFFECTUAL
AN ACT, [E][/]NTITLED "AN ACT FOR GRANTING UNTO HIS MAJESTY
AN EXCISE UPON SPIRITS DISTILLED, AND WINE, AND UPON LIMES,
LEMMONS AND ORANGES."

Whereas in and b}' an act made and pass'd in this twentj'-eighth Preamble.
year of his majesty's reign, [e][i]ntitled "An Act for granting unto 1T54-55, chap. le.
his majesty an excise upon spirits distilled, and wine, and upon limes,
lemmons and oranges," among other things it is directed, that, if the
farmer requires it, an oath shall be administred in the words following ;
vizW.,—

" You, A. B., do swear that the account by you exhibited, is a full account
of all rum, or other distilled spirits, or wines, by you consumed, used or any
ways expended, directly or indirectly, in your house, family, apai'tm[e?i]t or
business, except such liquor be exported and consumed out of this province,
(fishing- voyages excepted), within twelve months from the said twenty-sixth
day of December, according to the best of your knowlctlge, except what you
have purchased of a taverner, innholder or retailer within this province, in a
quantity less than thirty gallons. So help you God."

— which said recited oath is apprehended to be, in several respects,
defective and insufficient for the purposes intended thereby ; where-
fore,—

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

[Sect, 1.] That instead of the form afore recited, the said oath
shall be administred in the form following ; vizi^'^, —

You, A. B., do swear that the account by you now exhibited is, according Newfoi-moftiie
to the best of your knowledge, a full account of all rum, and other distilled oath to be taken
spirits, and wine, consumed, or, any ways, directly or indirectly, used or ex- rospecti'.lg the
pended by you or your family, or any other in your business or employ- accounts of
m[cw]t, within this province, or, in the fishery, out of the province, since the *'^*='*'^-
twenty-sixth day of Decern [6e]r, Anno Domini, 1754, except what hath been
purchased of a licen[s] [c]ed taverner, innholder or retailer, within this prov-
ince, .since the 26th December last, in a quantity less than thirty gallons.
So help you God.

And the farmer or farmers, his or their deputy or deputies, are hereby
as fully impowered to require the said oath to be taken and adminis-
tred in the form by this act provided as aforesaid, as he or they were
or might be presumed to be. impowered, by law, to have required the said
oath to have been taken and administred in the form first before recited ;
and every person concerned, refusing to conform him- or herself hereto,
shall be subject and liable to the same pains and penalties as he or she
would, by law, have been liable, on refusal to take the said oath in the
said recited form, in case this act had not passed.

And be it farther enacted,

[Sect. 2.J That no town or district clerk, selectman or selectmen, m officer to
who, by the act aforesFmld, are to receive the accounts, as in and bv have any fc- for

At • 1 .. •111,1 ., , "f-i >jj gaiQ accounts.

the said act is provided, shall presume to demand or receive- any pay
or consideration of any person for receiving, filing or delivering out the
same. [^Passed February 22 ; published February 24, 1755.

808

Province Laws.— 1754-55. [Chaps. 29, 30.]

CHAPTER 29.

AN ACT FOR REVIVING A LAW OF THIS PROVINCE, MADE IN THE
TWENTY-THIRD YEAR OF HIS PRESENT MAJESTY'S REIGN, INTITLED
"AN ACT TO PREVENT DAMAGE BEING DONE ON THE MEADOWS
LYING IN THE TOWNSHIP OF YARMOUTH, CALLED NOBSCUSSET
MEADOW."

Preamble. Wdereas the aforesaid law hath, by experience, been found beneficial

1749-50, chap. 15. for the purposBS for which it was made and passed, —

Be I't therefore enacted by the Governour, Council and House of Repre-
sentatives^

That the aforesaid act, and every matter and clause therein contained,
except as hereafter is excepted, be and hereby is revived, and shall con-
tinue and remain in full force for the space of five years from the first
day of March next, except where it is said in said act, " Southwest
of a place called Black Earth" ; that these words be inserted, " South
of an east and west line from Fox-Hill to the seashore, and so to the
extent of the meadows and beaches aforesaid." \_Passed February 27 ;
published February 28, 1755.

Act for preserv.
ing Nobscusset
meadows, in
Yarmouth.

CHAPTER 30.

AN ACT IN APDITION TO AN ACT MADE IN THE TWENTY-SEVENTH
YEAR OF HIS PRESENT MAJESTY'S REIGN, [E][J]NTITLED "AN ACT
FOR LEVYING SOLDIERS, AND TO PREVENT SOLDIERS AND SEAMEN
IN HIS MAJESTY'S SERVICE BEING ARRESTED FOR DEBT."

Soldiers not
liable to be
distrained on
for their taxes,
&c.

Preamble. Whereas doubts havc arisen whether soldiers that have or shall

1753-54, chap. 41. inlist iuto the service of his majesty are exempted from paying their

province tax, and so liable to be taken and imprisoned by the several

constables or collectors that have a demand against them for the

same, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,

[Sect. 1.] That any soldier that hath or shall inlist into his
majesty's service, since the making of the act afores[ai]d, shall not be
liable to be taken, or have his body destrained on, by any constable or
collector, for his province tax, during the continuance of said act ; and
where no estate of such soldier can be found, by any constable or col-
lector, to make distress upon for such tax, and the same be made to
appear by the oath of said collector or constable, that then, and in
ever}^ such case, the loss of such tax shall be born[e] by the province ;
and any constable or collector who shall make it appear to the province
treasurer that he hath failed of collecting any sum or sums on any
soldier or soldiers inlisted as aforesaid, by a certificate from the select-
men or assessors, or the major part of them, that made the tax, that
such person or persons are inlisted and in his majestj-'s service at the
time of such certificate's being made, that then, and in every such
case, the province treasurer is hereby directed and impowered to abate
such sum or sums to the said constable or collector, and charge the
province therewith.

[Sect. 2.] This act to continue in force until the first day of June,
one thousand seven hundred and fifty-nine. [Passed February 27 ;
published February 28, 1755.

Limitation.

breach of this

act.

[3d Sess.] Pkoyixce Laws.— 1754-55. 809

CHAPTER 31.

AN ACT FOR PREVENTING THE UNNECESSARY DE-STRUCTION OF ALE-
WIVES, AND OTHER FISH, WITHIN THIS PROVINCE.

"Whereas the laws already provided against the destruction of the Preamble.
fish called alewives, and other fish, do not, in divers circunjstances, i735-36,chap.2i.
reach the case of divers rivers and ponds where said fish usually go to
cast their spawns, so that, nevertheless, great waste is made of them by
ill-minded persons, to the great damage of the publick, —

Be it enacted by the Governo[u]r, Council and House of Iiep7'es[entar
ti'jves,

TSect. 1.1 That from and after the fifteenth day of INIarch next, no No nets but dip.

■- -" , 111 i J. and scoop-nets

person or persons whosoever, shall, on any pretence, presume to to be used in
stretch, set or draw any s[ci][?e]ne or drag-net, or set up any "vers, ponds,
w[e]ar[e]s or other fishing engines, in any part of the rivers within
this province, or ponds adjacent thereto (Merrimack and Connecticut
River only excepted), where the fish usually spawn, or use any other
instrument for the catching alewives but by dip-nets or scoop-nets, Except.
on penalty of a fine of five pounds for each offence, to be paid by every
person concerned in taken alewives or other fish in either of the ways
forbid by this act.

And be it further enacted,

[Sect. 2.] That no person or persons whosoever, shall, on any pre- Penalty for
tence, presume to stretch, set or draw a.ny seine or drag-net, for the "
catching of fish in any sort in any of the fresh ponds in this province,
on penalt}- of the fine of five pounds for each offence, to be paid by
every person concerned in taking fish in said ponds in either of the
wa3's forbidden b}' this act.

And ichereas, by an act or law of this province, made in the fifteenth Preamble.
3'ear of his present majesty's reign, intillcd " An Act in addition to an 1741.42, chap. 16,
act made to prevent the destruction of the fish called alewives, and ^ °'
other fish," it is therein enacted " that it shall be in the power of
any town, at their annual meeting in March, to chuse one or more per-
sons whose business it shall be to see that the passage-ways are open,
pursuant to said act, and that said fish maj^ not b#obstructcd in their
usual passing up and down stream, and to appoint the proper place or
places for the taking such fish with scoop-nets, and to limit the particu-
lar times and days for taking the same ; " but no provision is made in
said act to oblige the persons so chosen to serve in said business, or to
do their duty therein, neither is their any limitation as to the quanti-
ties of said fish that shall be taken, in each town, for pickelling and
barrelling for a market [t], by reason whereof many mischiefs arise, —

Be it therefore enacted,

[Sect. 3.] That when any person or persons shall be chosen in any Persons chosen,
town, at their annual meeting in March, to see that passage-ways are ^atV/ and fine ^"^
open, agreable to the afore-recited paragraph of said act, that every for not serving.
such person shall be under oath to the faithful performance of said 11502.93, chap. 2s,
trust ; and any person, chosen as aforesaid, shall, on his refusal, be
subject to the penalty of three pounds, and to be proceeded with
in order to the recovery thereof in the same way and manner as per-
sons are by law who refuse to serve as constables.

And he it further enacted,

[Sect. 4.] That where any town, district or propriety that hath any Method to be
river or stream that lets the alewives into their natural ponds to cast gt^eamfor'fish'*
their spawns, have a desire to catch any of said fish to pickle and bar- r"ns Uirough
rel[l] up for a marke[t], that, in every such case, where said river or distrkt'slban""
102

one.

810

Protixce Laws. — 1754^55. [Chap. 31.]

Fine for breach
of orders of
proprietors.

Preamble.

What ticle-railla
are subject to
this act.

Days stated for
catching (ish in
Morrimacli
river.

stream rnn[s] through or into more towns, districts or proprieties than
one, except where the right of taking fish is otherwise vested, the
selectmen of the said several towns, districts, and a committee of the
propriet[ie][o?-]s that are or may be affected thereby shall, sometime in
the month of March, and before the first day of April, annuallj', during
the continuance of this act, meet together at such time and place as the
selectmen of the oldest town shall agree upon, and then determine
what quantity of alewives shall be barrelled up from year to 3"ear for a
market in the several towns, districts or proprieties they belong to, the
votes to be collected according to the major part of those that represent
the towns, districts and proprieties said streams pass through or run
into, and not according to the numbers of voters ; and vv'hen so done,
the selectmen of each town, district or proprietors' committee, are
hereby impowered to let out the said privilege for the most it will fetch,
for the use of their several towns, districts or proprieties, in such
way and manner as they shall judge most beneficial ; and where any
town, district or propriety have a stream or streams as afores[ai]d,
that do not run into any other town, district or propriety, that in such
case the selectmen or proprietors* committee shall have the sole power,
from 3'ear to j'ear, during the continuance of this act, to determine
what number of barrels shall be caught for a market as .afores[a^]d,
and shall have the same power of letting out and in»proving the said
rivers or streams in the same manner, as before mentioned, where the
town, district or propriety jo [y][^■]n as aforesaid.

Be it farther enacted,

[Sect. 5.] That if any person or persons shall presume to catch
any alewives for marketting, contrary to the allowance or order of
the selectmen, or s[ai]d propriety's com[mi7^]ee, where proprie-
t[y][ie]s are concerned, or the selectmen, where no propriety is
concerned, or propriety, where they are concerned only, they shall,
ever}^ of them, be subjected to the penalty of five pounds for each
offence.

And loJiereas some disputes have arisen, or may arise, whether tide-
mills that have or shall be set up on and across the mouth of the rivers
where the fish afores[cu"]d usually go up into the natural ponds to cast
their spawns, are within the intent of the last-recited act, and ought to
be regulated accordlngl}', —

Be it enacted,

[Sect. 6.] That all tide-mills that have been set upon and across
any such rivers or streams since the making the afores[ai]d act, or that
shall hereafter be set up, shall be understood to be comprehended in
said act, and the owners and occupants, and all others concerned, shall
conform thereto accordingly, and be subject to the same penalties, for
their neglect, as if tide-mills had particularly been named in s[ai]d act.

And ivhereas there has been great destruction of the fish that usually
pass up Merrimack River, by reason that people made a constant prac-
tice of taking fish in s[ai]d river with seine and drag-nets.

Be it therefore enacted,

[Sect. 7.] That no person or persons be allowed, from and after
the fifteenth day of March next, and so during the continuance of this
act, to catch fish of an}' sort in any part of Merrimack River that lieth
in this governm[e?i]t, oftner than three days in the week, the days to be
Tuesday, Wednesday and Thursday- in ever}- week, and so, successively,
until [1] this act expires ; and if any person or persons shall presume to
catch fish with sein[<']s or drag-nets, at an}- other times than is hereby
allowed, every person or persons so offending shall, for each ofience, be
subject to a fine of five pounds.

[2d Sess.] Pkovixce Laws.— 1754-55. 811

[Sect. 8.] And [that] all the aforesaid fines, penalties and for- Disposal of
feitures, arising pursuant to this act, shall be disposed of, the one
half for the benefit of the poor of the town where the offence is com-
mitted, the other half to him or them who shall inform and sue for the
same.

And be it further enacted,

[Sect. 9.] That the manner, rules and methods of convicting offend- Ruio for co;.
ers against this act, be the same as are directed and provided in and b}' ^■'^"°"-
an act made in the twelfth jear of the reign of his late majesty King ' - ■'= ^p- •
George the First, intitled " An Act in addition to and for rendring more
effectual an act made in the tenth year of the reign of King William leos, chap. :.
the Third, [e][ijntitled ' An Act for preventing of trespasses.'"

Provided,^

[Sect. 10.] That nothing in this act shall be understood to restrain Proviso for
the catching of fish called munhadens, with seines or drag-nets, after the hadeu"° ™'^""
first day of June, and until[l] the first day of October, annually, or, in
Connecticut River, at any time in the 3'ear.

Provided, Jioivever, —

[Sect. 11.] That the selectmen of the towns of Cambridge, Charles- Proviso for
town and INIcdford, or the major part of them, being met together, may ^^'^^*^'''^-
give liberty for taking fish in Medford River for a limited time in each
week, not exceeding two days, with one or two seines, and no more.

[Sect. 12.] This act to continue and be in force until [1] the fif- Temof tiie
teenth day of March, Anno Domini one thousand seven hundred and ^ce.*^°°''"""
fifty-eight. [^Passed February 26 ; published February 28, 1755,

812

PROVINCE Laws. — 1754-55. [Chap. 32.]

ACTS

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

1755-

CHAPTEK 32.

Treasurer em-
powerocl to bor-
row £5,000.

Form of trcas.
urer's receipt.

Tax of £5,600
granted.

Rule for appor-
tioning the tax
in case no tax
net shall be
agreed on.

AN ACT IMPOWERING THE PROVINCE TREASURER TO BORROW THE
SUM OF FIVE THOUSAND POUNDS, AND FOR APPLYING THE SAME TO
DEFR[A][£]Y THE CHARGES OF THE INTENDED EXPEDITION WEST-
WARD.

Be it enacted by the Goveo'nour, Council and House of Representatives,
[Sect. 1.] That the treasurer of the province be and hereby is im-
powered and directed to borrow of such persons as shall be willing to
lend the same, a sum not exceeding five thousand pounds, in Span[n]ish
mill[e]'d dollars, at six shillings each, or in other silver at six shillings
and eightpence per ounce ; and the sum so borrowed shall be appl[y] [^]ed
by the treasurer for the payment of all such draughts as shall be drawn
on him by the governour or com[7;i]ander-in-ch[ei][?'e]f for the time
being, by and with the advice of the council, for the service of the
intended expedition westward ; and for every sum so borrowed, the
treasurer shall give a receipt and obligation in the form following ;
vizW,_

Province of the Massachusetts Bay, day of 1755.

Received of the sum of , for the use and service of

the province of the Massachusetts Bay, and, in behalf of said province, I do
hereby promise and oblige myself and successors in the oflice of treasurer
to repay to the said or order, on or be'ore the first day

of June, one thousand seven hundred and fifty-seven, the ai'oresaid sum of
. , in coined s-ilver of sterling alloy, at six shillings and
eightpence per ounce, or Spanish mill[e]'d dollars of full weight, at six
shillings each, with interest annually, at the rate of six per cent per annum.

AVituess my hand, A. B., Treasurer.

And to enable the treasurer to discharge the said obligations, —

Be it further enacted,

[Sect. 2.] That there be and hereby is granted to his most excellent
majest}', a tax of five thousand six hundred pounds, to be levied on the
polls and estates within this province, according to such rules as shall
be ordered by the general court of this province at their sessions in May,
one thousand seven hundred and fifty-six.

And he it further enacted,

[Sect. 3.] That in case the general court shall not, at their sessions
in Ma}', one thousand seven hundred and fift3'-six, agree and conclude
upon a tax act to draw into the treasury the aforesaid sum of five thou-
sand six hundred pounds, that then the treasurer of the province for the

[4th Sess.] Province Laws. — 1754-55. 813

time being shall issue his warrants, directed to the selectmen or assess-
ors of the several towns and districts in this province, requiring them
respectively to assess, lev}' and pay in their respective proportions of
said sura, according to the rates and proportions, rules and directions
of the last preceeding tax act. [Passed March 29 ; published March
31, 1755.

CHAPTER 33.

AN ACT TO IMPOWER THE AGENT OF THIS PROVINCE AT THE COURT
OF GREAT BRITAIN, TO BORROW MONEY FOR THE USE OF THE PROV-
INCE.

Be it enacted hy the Governour, Council and House of Representatives,

[Sect. 1.] Tlaat William Bollan, Esq., agent for this province at the Acentcm-
court of Great Britain, or the agent for the time being, be and he hereb}' ?ow £23,000'°'^'
is authorized and fully impowered to borrow, for the use of this prov- ^^'''"I'P .
ince, in an}' part of Great Britain, the sum of twenty-three thousand
pounds sterling, in Spanish mill'd dollars, at the lowest interest it can
be obtained, for the space of six years ; and Avhen he shall have bor-
rowed the same, cause it to be ship'd on board some good ship or vessel,
and to be insured in some publick office of insurance, and order it to be
delivered to the treasurer of this province.

And in order to encourage persons to lend said money to the prov-
ince,—

Be it enacted,

[Sect. 2.] That as a fund and security to raise the said twenty- Fund and
three thousand pounds, and the interest that shall acci'ue to become moncy^go"bor.
due thereon, a tax is hereby granted on the polls and estates within this rowed, by a tax.
province, according to such rules and directions and in such propor-
tions upon the several towns and districts wlUiin the same, as shall be
agreed on and ordered by the great and gonerrd court at their sessions
in May, Anno Domini one thousand seven hundred and fifty-nine, for
so much as shall be sufficient to pay one half of the said sum of twenty-
three thousand pounds, and the interest whicli shall be due thereon, and
paid into the treasury by the last day of December next after ; and
also another tax, to be levied in like manner, according to such rules and
in such proportions as shall be agreed on by the great and general court
at their sessions in May, Anno Domini one thousand seven hundred and
sixty, for so much as shall bo sufficient to pay the other half of the said
sum of twenty-three thousand pounds, and the interest which shall be
due thereon, and paid into the treasury by the last day of December
next after.

[Sect. 3.] And if the general court shall, in either or both of the Rule for appor-
aforesaid years, fail of making an act to levy the aforesaid taxes, that h°casc no'^tax''
then the treasurer for the time being shall and he is hereby impowered "ct siiaii i.e

• •/ 1 cicrrGGcl on.

to issue out his warrants to the selectmen or assessors of the several '
towns and districts in the province, for such sums as the respective
towns' and districts' proportion of the aforesaid sums shall be, accord-
ing to the rules then last observed in levying the province tax ; and
such assessors are hereby required, respectively, to assess, and cause to
be levied and paid into the province treasury, the several sums for which
they shall receive the province treasurer's warrants as aforesaid.

Provided, nevertheless, —

[Sect. 4.] That if sufficient provision shall be made by this gov- Proviso.
ernment for the payment of said sums, or any part thereof, before Iho

814

Peovince L-Uvs. — 1754-55. [Chap. 31.]

Provision for
the yearly
interest, of
£23,000 sterling

times herein set for issuing warrants for said taxes, that then such war-
rants shall not issue, or shall issue for so much onlj' as shall not be
provided for as aforesaid.

And it is hereby further enacted and declared^

[Sect. 5.] That sufficient and timely provision shall be made by the
general court of this province for the payment of the interest of the
said sum of twenty-three thousand pounds sterling, yearl}-, as the same
shall become due ; but if the general court shall, in any year, neglect
to make such provision, that then the treasurer of the province, for the
time being, shall and he is hereby impowered to issue out his warrants
to the selectmen and assessors of the respective towns and districts to
assess, levy and pay in, each one their share, respectively, of said defi-
cient sum, according to such rules and proportions as shall have been
provided in the last tax act. \_Passed March 29 ; published March 31,
1755.

CHAPTEK 34.

AN ACT TO ENCOURAGE AND FACILITATE THE REMOVAL AND PRE-
VENTION OF FRENCH ENCROACHMENTS ON HIS MAJESTY'S NORTH
AMERICAN TERRITORIES.

Preamble.

Prohibition of
holding corre-
spondence, &c.,
with nny of the
French king's
Ruhjects in
Korth America,

Penalty for
breach of thia
act.

Whereas it may be of very ill consequence if the several measures
taking by his majesty's good subjects of this and the governments ad-
. jacent, to remove or prevent the encroachments of the French, should
be, from time to time, made known and exposed to the people in Louis-
b[o]urgh, or other French settlements in North America, before their
execution, —

Be it therefore enacted by his excellency the Governmcr, Council and
• House of Representatives^ and hereby it is enacted and declared.

That for the space of four months, to be computed from the last day
of March, one thousand seven hundred and fift3'-five, it shall be unlaw-
ful for any of his majesty's subjects of this province, and they are hereby
strictly forbidden to hold any correspondence or communication with
any inhabitant of Louisb[o]urgh, or any other of the French settle-
ments in North America, either by land or water ; and if any person
or persons belonging to this province shall be so audacious as to go or
send to Louisb[o]urgh, or any other French settlement in North Amer-
ica, during said four months, the ship, sloop or other vessel employed,
with all her tackle and appurtenances, and her cargo, shall be forfeited :
one half to his majestj' for the use of this province, the other half to
him or them who shall inform and sue for the same in any of his maj-
esty's courts within this province proper to try the same ; and be further
liable, if a ship or [other] vessel, the master to have one ear cut off,
and be publickly whip[t][/)efi] thirty-nine lashes, and be render'd for-
ever [u][i]ncapable of holding any place of honour or profit under this
government ; and the owner or owners, and factor or factors of the
owner or owners, of such ship or other vessel, shall forfeit and pay,
each, five hundred pounds, to be recover[e]'d and dispos[e]'d of as
above, and be also forever disabled to hold an}^ place of honour or
profit under this government. [^Passed Ilarch 29 ; published March ol,
1755.

[Notes.] Peovixce Laws. — 1754-55. 815

Notes.— There were five* sessions of the General Court this year; bnt at the fifth scs-
sion, which began April 22 and ended April 28, 1755, no acts were passed.

During tli is last session a precedent adverse to the propriety of prolonging a session beyond
the time of issuing writs for a new assembly, was established. On the twenty-fifth of
April the Secretary delivered a message from the Lieutenant-Governor, to both "branches
of the Assembly, requesting their advice upon this point, which was raised by the Gov-
ernor's intimation of his wish that the Assembly should )je kept in session until he could
meet them after his return from New York. The Governor's letter conveying this inti-
mation was dated April 6, 1755, but, though already public, the Lieutenant-Governor had
not submitted it to the consideration of the Assembly, apparently because of his expectation
of the Governor's speedy return. As the time approached when the writs for convening a
new assembly must be issued, the subject was laid before the Assembly in the message
mentioned al)ove. A committee, consisting of Mr. Tasker, Col. Hale, Judge Russell, Col.
Brattle and Col. Otis, of the Representatives, and Benjamin Lynde, Thomas Hutchinson,
Ezekiel Chever and Stephen Scwall, esquires, of the Council, was appointed, the same
day, to consider and report upon the message; but the next day, without waiting for a
report from this committee, the Representatives sent up the following message, by a com-
mittee consisting of " Samuel Welles and others " : —

" May it please your Honour,

The ilouse of Representatives have with Attention considered your Message of Yester-
day; And as the Sitting of the General Court after Writs are issued for calling a new As-
sembly is contrary to the most Ancient & Uninterrupted Practice in our Mother Country, ''
and the Universal Custom in all his Majesty's Governments in all the Plantations; We
cannot but humbly be of Opinion that the Ancient & Constant Practice in this Province of
issuing Writs thirty days before the last Wednesday in May & previous to it the dissolv-
ing the then General Court, is most for the Peace & good Order of this Province, &
most conducive to his Majesty's Interest." — Coimcil Records, vol. XX., p. 442.

No further action appears to have been taken on the subject in either branch before the
dissolution of the Assembly, which occurred two days later.

All the acts of this year\vere printed: chapters 10 and 12 separately; and the engross-
ments of all preserved, except of chapters 9 and 14. The following is the title of the only
private act passed this year: —

"An Act to dissolve the IMaiTiage of Mary Clapham with William Clapham, and to
allow her to marry again." [Passed January 10 ; published January 13, 17o5. — See note
to chapter 15, post.

The acts of the first session were certified for transmission, October 21, and forwarded
with a letter from Secretary Willard, dated October 23, 1754. They were delivered to. the
clerk of the Privy Council, in waiting, January 24, 1755, having been received by the Board
of Trade on the ninth of that month. On the 29th of January, they were referred to a
committee of the Privy Council ; and, on tlie next day, this committee referred them to
the Ivords of Trade, by whom they were ordered to be sent to Sir Matthew Lamb for his
opinion thereon, February 4th, 1755. Sir Matthew's report was read at the Board, May 25,
1756. It was to the effect that upon perusal and consideration of these acts he had
no objection thereto in point of law. The Lords of Trade, on the same day, ordered the
draught of a report to be prepared, which was agreed to and ordered to i)e transcribed
April 6, and signed April 13, 1756.

In their report the Lords of Trade represent that chapters 4, 6, 9, 10, and 1 1 " were passed
for temporary services and are cither expired by their own Limitation or the purposes for ,

which they were enacted have been completed"; and that chapters 1, 2, 3, 5, 7, and 8
" appear to have been enacted for " the private convenience of the Province, and that
"We see no reason why His Majesty may not be graciously pleased to confirm them."
Accordingly, the six chanters last enumerated were confirmed bv an order in Council,
dated July 7, 1756.

Chapter 16 was certified for transmission, January 14, 1755, and forwarded by Governor
Shirley, with a letter bearing date two days earlier. The correspondence, and the action
of the Home Government relating to this act, are given in full hereaftei', in the note to this
chapter, post.

All the acts of the second, third, and fourth sessions, including the private act, the title
of which is given above, and chapter 16, were certified for transmission, June 18, 1755, and
were received by the Board of Trade, July 28. They were not laid before the Privy Coun-
cil, however, until the twelfth of September following. There they remained until Sep-
tember 22, when they were referred to a committee. On the twenty-fourth of September,
this committee referred them to the Lords of Trade, and from the Lords of Trade they
went, in the usual course, to Sir IMatthcw Lamb; but at what time, precisely, does not
appear. Sir INIatthew Lamb's report to the Lords of Trade is dated December 18, 1756,
and, after specially commenting upon chapters 12 and 15, — as shown at length in the notes
to those chapters, post, — and the private act aforesaid, it concludes, " I have no other Ob-
servations or Objections to make than arc before mentioned."

On the twelfth of May, 1758, these acts, with others, were considered by the Lords of
Trade, in consultation with ex-Governor Shirley, who had been invited for that purpose,
and the draught of a report thereon was ordered to be prepared. On the 30th of May,
this draught was agreed to and ordered to be transcriljed, and, on the sixth of June, it

* Although the first session was adjourned from June 19 to Oct. 17, expressly to avoid
the effect of a prorogation upon chapter 16, from which the Governor withheld his signa-
ture in order that, before its passage, the bill might be submitted, by the Representatives,
to their constituents, during the recess, still, the acts passed after the recess were printed
as of a new session, and were so certified to the Privy Cotmcil. The convening of the
Assembly after this recess is, therefore, assumed to be the commencement of the second
session.

816 Province Laws. — 1754-55. [Notes.]

was signed. After mentioning that chapter 16 had already been confirmed, the report pro-
ceeds to represent that chapters 17, 18, 19, 23, 24, 25, 27, 28, 31,32, and 34 " appear to have
been passed for Temporary services and are either expired by their own limitation or the
purposes for which they were enacted have Iieen completed"; that whereas chapter 33,
"relative to the raising or borrowing monies for defraying the Expenccs of Military and
other pnlilic services, has in great measure taken clFect, but the execution of several pro-
visions therein contained in which the public faith of the Province is greatly interested
remains still to be completed, for this reason and as Sir Matthew Lamb one of His Majes-
tys Counsel at Law, whose opinion has been taken " * * * " has no objection," &c., there-
fore, that this act lie proposed for confirmation; that chapters 12, 13, 14, 1.5, 20, 21, 22, 26,
29, and 30, " relate to the internal (Economy of the Province and appear to have been enacted
for it's private convenience, and We see no reason why His Majesty may not be graciously
pleased to confirm them"; and the report concludes with a representation on the private
act, the title of which is given above.

Upon this report an order was passed in Council, June 16, 1758, confirming the eleven
acts last-above named.

Chap. 1. " April 19, 1754. A Petition of the President & Fellows of Harvard Colledge
setting forth the Inconveniencies of their Proceeding in the usual Forms of Law in selling
such Real Estates as may fall into their Hands by Recoveries on Mortgages, or Execu-
tions on Debts, Praying that they may be impowered to sell such Estates after the Right
of Redemption is expired & to give a good Deed of them.

In Council ; Read & Ordered that the Prayer of the Petition be granted & that the Pres-
ident & Fellows of Harvard Colledge be & hereby are authorized & impowered (with the
Advice & Consent of the Overseers of the said College) to sell such Real Estates as shall
be recovered on Mortgage or taken on Execution for any Debt or Debts due to the said
College after the Right of Redemption of such Estate shall be expired, & to give a Good
& sufficient Deed or Deeds in Law for the same; And that the Petitioners have Liberty to
bring in a Bill accordingly.

Inthc House of Representatives Read & Concur'd." — Council Records, vol. XX., p. 230.

Chap. 3. " June 15, 1754. In the House of Representatives Voted that James Allen
& Joseph Pilchards Esq" with such as the Hon'^'o Boai'd shall join, be a Com'^^e to farm
out the Excise on Tea, Coffee & China Ware for the County of SufTolk, In Council; Read
& Concur'd ; and John Erving Esq' is joined in the Affair ; — Consented to by the Govern-
our."

On the same day the following persons were chosen committees to farm out the excise
for the respective counties hereafter named; viz., —

Henry Gilibs and Joseph Genish, Esqs.,on the part of the House, and Thomas Berry,
Esq., on the part of the Council, for the county of Essex; —

William Brattle, Esq., and Mr. James Russell, on the part of the House, and Ezekiel
Chever, Esq., on the part of the Council, for the county of Middlesex; —

Josiah Hawlcy, Esq., and Capt. Moses Marsh, on the part of the House, and Eleazer
Porter, Esq., on the part of the Council, for the county of Hampshire ; —

William Richardson, Esq., and Capt. Nathan Tyler, on the part of the House, and
Joseph Wilder, Esq., on the part of the Coimcil, for the county of Worcester; —

Thomas Foster and Gamaliel Bradford, Esq%,on the part of the House, and John Gush-
ing, Esq., on the part of the Council, for the county of Plymouth ; —

James Otis and David Crocker, Esq^,on the part of the House, and John Otis, Esq., on
the part of the Council, for the county of Barnstable; —

Ephraim Leonard, Esq., and Mr. Israel Tisdale, on the part of the House, and George
Leonard, Esq., on the part of the Council, for the county of Bristol ; —

John Storcr, Esq., and Mr. Samuel Hill, on the part of the House, and John Hill, Esq.,
on the part of the Council, for the county of York ; —

Col. Mayhew, and Capt. Norton, on the part of the House, and John Sumner, Esq., on the
part of the Council, for the county of Dukes county; —

Abishai Folger, Esq., and Mr. Pi-ichard Coffin, on the part of the House, and Josiah
Coffin, Esq., on the part of the Council, for the county of Nantucket. — Ibid., p. 272.

"January 10, 1755. In the House of Representatives; Ordered that James Bowdoin
Esq"", be of the Committee to farm out the Excise upon Tea SiC<^ in the County of Suffolk
in the Room of M'' Allen deceased; In Council; Read & Concur'd;— Consented to by the
Govcrnour." — Ibid., p. 379.

" June 17, 1754. In the House of Representatives Voted that the Committees of the
several Counties to farm out the Excise on Tea, Coffee & China Ware insert in the publick
Prints, the Time & Place designed for that Purpose, and that the Commencement of the
Rates for said Excise is on the first of July next, In Council Read & Concur'd ;— Con-
sented to by the Gov. — Ibid., p. 276.

" November 25, 1754. A Pccport presented by the Committee for letting out to farm the
Excise upon Tea, Coffee &ca, in the County of Worcester, that they had duly put up the
same, but no Person appeared to farm the said Excise; And praying Allowance for their
Time & Expence therein amounting to the Sum of £2. 2. — . In the House of Repre-
sentatives; Read & Ordered that the Sum of Two Pounds, two shillings be allowed &
paid out of the publick Treasury to said Committee in full of their Accompt; In Coun-
cil ; Read & Concur'd ;— Consented to by the Govcrnour.

The Committee appointed to let to farm the Excise upon Tea, Coffee &ca, in y" County
of York, reported that they had agreed for the same with Mr Foxwell Curtis Cutt for
Seven Pounds ten shillings, and had taken his Bond for the same, and lodged it with
the Province Treasurer, their Accompt of Time and Expence amounting to £2. 3. 8. In
the House of Representatives, Read & Ordered that the Report be accepted, and that the
said Committee be allowed the sum of Two Pounds, three shillings and eight pence in full

[Notes.] Province Laws. — 1754-55. 817

of their Aocompt, to be paid out of the publick Treasury. In Council, Read & Concnr'd;
Consented to by the Governour.

The Committee appointed to let out to farm the Exeisc on Tea Scc* in the County of
Hampshire, reported that they had agreed for the same with David Ingersol Esq'' ; for Six
Pounds seven Shillings ; and had taken his Bond for the same, & lodged it with the
Province Treasurer, their Account of Time & Expence amounts to £ — 14. 8. In the
House of Representatives, Read & Ordered that the Report be accepted ; & that the Com-
mittee be allowed the Sum of Fourteen Shillings & Eight pence, in full of their Accompt,
and that the Same be paid out of the publick Treasury. In Council ; Read & Concur'd ; —
Consented to by the Governour." — Ibid., p. 337.

The above reports from the Committees appointed to farm out the excise for Worcester,
York and Hampshire counties, were followed by reports from the committees for the other
counties, and the dates of these reports, together with the names of the farmers of excise
appointed by them, respectively, are as follows : —

December 17, 1754. Essex county; to Peter Fry, for £35. 6s. M.— Ibid., p. 349.

February 22, 1755. Worcester county ; to Mr. Nath' Green of Worcester, for £4. Is. —
Ibid., p. 415.

April 26, 1755. Middlesex county ; to William Story of Boston, for £30.—Tbid., p. 443.

April 28, 1755. Suffolk County ; to Elisha Jones of Weston, for £300 —Ibid., p. 448.

"August 13, 1755. In the House of Representatives; Voted that Jeremy Gridley &
Samuel Miller Esq''^ with such as the Hon'j'"= Board shall join, be a Committee to fiirm
out the Excise on Tea, Coffee & China Ware for the County of Suffolk. In Council ; Read
& Concur'd ; And Samuel Watts Esq'' is joined in the Atl'air. Consented to by the Lieu-
ten' Governour."— /6/rf., p. 516.

On the same day the following persons were chosen committees to farm out the excise
for the respective counties hereafter named ; viz., —

John Leach and Daniel Epes jun'', Esqs., on the part of the House, and Benjamin Lynde,
Esq., on the part of the Council, for the countj' of Essex ; —

William Lawrence, Esq., and Mr. James Russell, on the part of the House, and James
Minot, Esq., on the part of the Council, for the county of Middlesex ; —

Joseph Ilawley, Esq., and Mr. Eldad Taylor, on the part of the House, and Eleazer
Porter, Esq., on the part of the Council, for the county of Hampshire ; —

Timothy Payne, Esq., and Mr. David Wilder, on the part of the House, and John Chand-
ler, Esq., on the part of the Council, for the county of Worcester ; —

Thomas Foster, Esq., and Mr. John Brewster, on the part of the House, and John Gush-
ing, Esq., on the part of the Council, for the county of Plymouth ; —

James Otis and Nath' Stone, Esqs., on the part of the House, and John Otis, Esq., on the
part of the Council, for the county of Barnstable ; —

Mr. Jonathan Barney and Mr. Tho'. Moorey,* on the part of the House, and George
Leonard, Esq., on the part of the Council, for the county of Bristol ; —

Mr. John Bradbury and Mr. Thomas Perkins, on the part of the House, and John Hill,
Esq., on the part of the Council, for the county of York ; —

Zaccheus Mayhew and John Sumner, Esqs., on the part of the House, and John Allen,
Esq., on the part of the Council, for the county of Dukes county; —

Abishai Folger, Esq., and Capt John Roach, on the part of tlie House, and John Bunker,
Esq., on the part of the Council, for the county of Nantucket. — Ibid.

"Novf 4"', 1755. The Committee for letting out to farm the Excise on Tea, Coffee &c.,
for the County of Suffolk, reported that they had let out the same to William Whitwcll of
Boston, for Five hundred and live pounds, and have taken his Bond, with sureties, which
they have lodged in the Treasury, praying to be allowed their charges. — In the Hou.se of
Representatives, Read, and Ordered that this report be accepted, and that there be allowed
out of the Public Treasury the sum of Two Pounds fourteen shillings to the said Commit-
tee in full discharge of their Ace' annexed In Council ; Read and Concurred. Consented to
by the Lieu' Governor." — Ibid., vol. XXL, p. 26.

The above report from the committee appointed to farm out the excise for Suffolk county,
was followed by reports from the committees for the other counties, and the dates of these
reports, together with the names of farmers of excise appointed by them, respectively, are
as follows : —

December 23, 1755. Middlesex county ; to Mf. Ezekiel Price, for £30.— 76?'rf., ;9. 40.

January 28, 1756. York county ; to Joseph Simpson, jun"", for £10. 16s. — Ibid., p. 64.

February 18, 1756. Worcester county ; to Col. Moses Marcy, for £4. 4s. — Ibid., p. 95.

March 2, 1756. Barnstable county ; to Solomon Otis, Esq''., for £9. 13s. 4d. — Ibid., p. 113.

April 8, 1756. Plymouth county ; to John Churchill of Plymouth, for £5. 17s. id. —
Ibid., p. 149.

April 16, 1756. Essex county ; to Capt. Peter Fiy, for £32. lOs.—Ibid., p. 167.

June 1, 1756. Nantucket county ; to Obed Hussey, for £11. 1*. id. — Ibid., p. 195.

Chap. 8. " April 23'', 1755. In the House of Representatives ; Whereas the Inhabitants
of the Town of Beverly, being of Opinion, that the Destruction of their Sheep of late
Years, was occasioned, more by Wolves than unruly Dogs, have made Application to this
Court that the Operation of the Act pass'd in the last May Session relating to such Dogs

might be suspended; Therefore Voted that the respective Assessors of the Town of

Beverly for the Years 1755 & 1756, be & hereby are required in making the Assessment
of the said Years respectively to omit taxing any Person in Consequence of the aforesaid
Act:

In Council; Read & Concur'd; Consented to by the Lieu* Govern"'" — Ibid., vol. XX.,

p. 436.

• Morey ?
103

818 PROVINCE Laws. — 1754-55. [Notes.]

Chap. 9. "* « * I cann't but think, Gentlemen, that it would be a Point of Prudence
& what highly deserves your Consideration, that the Number of Five hundred Men at first
proposed for the before mentioned Service should be augmented to such an one as may
secure it from being defeated. The Additional Expcnce that this would occasion to the
Province will bear no Proportion to the Mischiefs that would ensue from such a Misfor-
tune.

If the Result of your Deliberations, Gentlemen, should be agrcable to my Sentiments
upon this Emergency, as I hope they will, I must recommend itto you. Gentlemen of the
House of Representatives, to lose no Time in making Provision for a suitable Augmenta-
tion of our Forces." — Fro)7i the Message of Gov. Shirley, to the Assembly, June 4, 1754 :
Council Records, vol. XX., p. 253.

"June S'h, 1754. In the House of Representatives June 4*'i 1754; The House having
taken into Consideration His Excellency's Message of this Day to both Houses, respects
ing the Augmentation of the Forces ordered to attend his Excellency to the Eastern Parts
of this Province, & to build a Fort on Kennebeck River &c'',

Voted that His Excellency the Captain General, be desired forthwith to give Orders for
the enlistment of Three hundred INIcn including Offlcers, in Addition to the Five hundred
Men already enlisted, That the Officers & Soldiers be under the same Restrictions &
Limitations, have the same Bounty Money, Pay & Subsistence & to continue in the Ser-
vice for the same Term of Time ; In Council Read & Coneurd.

Consented to Ijy the Govcrnour." — Vote of the Assembly: ibid.

"June G"", 1754. His Excellency sent the following Message to the House by the
Secrety

Gentlemen of the House of Representatives

I think it necessary that a Quorum of his Majesty's Council should attend me to the
Eastward ; & I have Ordered suitable accomodation to be made for them, & also for sev-
eral Gentlemen of your House, whose Company I have desired, & who have signified their
readiness to go with me ; and if there be any other Gentlemen of the House, who incline to
accompany me. Upon its being signified to me I will give further Orders for their Accom-
odation likewise." — Ibid., p. 256.

See, also, note to 175S-54, chap. 40, ante.

Chap. 11. " Nov 5, 1754. In the House of Representatives, "Whereas in the Tax Act
made & passed in June last, the whole Pay of the Representatives from the Town of Groton,
the Districts of Shirley & Pepperil was set upon said Groton, and also the whole Pay of
the Representative of the Town of Northampton, and District of Southampton was set on
Northampton only, whereas the said Districts by Law are obliged to pay the same Pro-
portions of their respective Representatives Pay as the Sums of said Districts Province
Tax, is to the Sum of the Tax set on said Towns, Therefore

Resolved & Ordered that the Province Treasurer immediately issue his Warrants again
to the Assessors of the Towns of Groton & Northampton, and to all the above said Dis-
tricts, Requiring the Assessors of said Shirley & Pepperil to assess on the respective Dis-
tricts aforesaid, the respective & lawful Proportions of the Sum Total of their Represent-
atives Pay for the last Year; and also the Assessors of Southampton to assess on said
Southampton their lawful Proportion \vith Northampton of the Pay of their Representa-
tive for the last Year, and the Assessors of the said Towns of Groton & Northampton to
assess their respective Towns in the respective Sums that shall remain, after the Propor-
tions of their respective Districts that are joined with them are substracted, anything in
the Warrants already issued by said Treasurer to the aforesaid Assessors, to the Contrary
notwithstanding: The lawful Proportions of the Pay of the Representative of said Groton,
& the said Districts joined with it, for the last Year are as follows, viz'

(Groton, £15. 15. 3. S*

Total £23. 0. 0. ^ Shirlev, 2.* 3. 11.

C Pepperil 3. 0. 9. 1

The lawful Parts and Proportions of the Pay of the Representative of Northampton &
Southampton for the last Year is as follows ; viz'

T„(.„i ^01 A n ^ Northampton, £25. 19. 2. 2

Total £31. 4. 0. j Southampton; 5. 4. 9. 2

To which Rates & Proportions said Treasurer is required to conform his Warrants accord-
ingly;— In Council Read & Concur'd: — Consented to by the Govern""." — Ibid., p. 308.

" November 14, 1754. In the House of Representatives, It appearing by a Certificate
from the Province Treasurer, that the Town of Beverly are overcharged in the last Tax
Act for their Representatives pay, the Sum of Two JPounds six shillings & nine pence,
Ordered that the said Sum be paid by the Province Treasurer to the Treasurer of the
Town of Beverly. In Council Read & Concur'd." — Ibid., p. 322.

Chap. 12. " This Act must be submitted to your Lordships how far the power of taking
Estates Real and Personal under the restrictions therein mentioned for the use of the
Episcopal Churches and of the other Congregations in this Colony is proper." — Report of
Sir M, Lamb: " Mass. Bay, £. T.," vol. 75, /. i., 3., in Picblic Record Office.

Chap. 13. "April 10, 1754. On the Petitions of William Ayers &ci>, Jedadiah Foster
ftc, & Josiah Converse &.CP- In Council ; Voted that John Gushing & John Quincy Esq"
with such as the Hon'''« House shall join be a Committee to take under Consideration the
several Petitions of William Ayers, & others, Josiah Converse & others, and Jedediah
Foster & others, hear the Parties & report what they judge proper for this Court to do
thereon; — In the House of Representatives Read & Concur'd & Collo Winslow, Coll" Otis
& M"" Haywood are joined in the Affair." — Council Records, vol. XX,, p. 211.

» Sic.

[Notes.] Peovince Laws. — 1754-^5. 819

" The Committee to whom was referr'd the Petitions of the first & second Precincts in
Broolvfield, & the Petition of Josiah Converse & others, Having lieard the Parties & Con-
sidered thereon are of Opinion that it is necessary a Committee, sliould go to Broolcfield,
and view the Situation & Circumstances of the Petitioners & raalvc Report to this Court
at their next Session, what said Court ought to do tliercon, and tliat all Proceedings relat-
ing to building a new Meeting House in said first Precinct be staj'cd in the mean time, all
which is humbly submitted. per John Cushing per order.

In Council Read & Accepted & Ordered that Samuel Watts Esq"' with such as the
Hon'''« House shall join, be a Committee to repair to the Town of Brookfield, & view the
Situation & Circumstances of the Petif^ & report at their next Session, what they judge
proper for this Court to do thereon ; the Charge thereof to lie born as this Court shall Or-
der, In the House of Representatives Read & Concur'd ; and Capt Livermore & M'
Phineas Haywood are joined in the Affair, Consented to by the Governour." — Ibid., p. 214.

November 1, 1754. The Committee on the Petitions of the first & second Precincts of
Brookfield, and on the Petition of Josiah Converse &c", appointed the tenth of April last,
have repaired to the Town of Brookfield, and viewed the Situation thereof, heard the
Parties, and considered the same : And upon the whole are humbly of Opinion, that the
Bounds of the second Precinct be as follows ; viz' beginning at the North East Corner of
George Harringtons Lands upon Spencer Line, & runing Westerly by his Lands set off to
Spencer, to a Place called Five Mile River Bridge ; from thence Westerly including Thomas
Stetsons Land, Capt Nathaniel Wolcots Land, Thomas Moors, EI)enezer Jennings, Oba-
diah Rice, William Parks, Josiah Converse, Francis Dodge, Paul Deland, the Heirs of
John Green dec^, Stephen Green, & Joseph Ranger Jun"" with their Lands ; And from the
said Rangers South West Corner to the South West Corner of William Ayres Meadow,
on Coys Brook, so called, near the old School House, thence Northerly (exclusive of John
Tufts Land) including John Hill and Jeremiah Woodlmrys Land, to Abner Taylours
Land, and thence (excluding Jacob Abbot, Joshua Dodge and Joshua Dodge jun'' and
their Lands,) to the Center Line of said Town ; then, by said Center Line, Northerly to
NewBraintree District, with the Lands and Interests in the North east Part of the Town,
contained within the Bonnds not already incorporated in the second Parish in the said
Town of Brookfield ; And that then the Remainder of said Town be divided into Two Pre-
cincts by the following Bounds, viz' begining at the South East Corner of Paul Delands
Lands, to the Country Road including John Riches Land ; thence by the Town Road in-
cluding Ephraim Bartlcts Land to the River, thence Westerly down the River to the
Mouth of Salmon Brook, thence a streight Line to a large white Oak Tree, in the North
East Corner of a Tract of Land, called the Mile square, said Tree being a Boundary be-
tween Brookfield & Western, and that the West Part of the aforesaid Division be called
the first Precinct in said Town ; and that the said West Division and also the second Par-
ish in said Town be exempted from paying any Charges that have already aiisen or may
hereafter arise by Reason of the building the New Meeting House, And tliat the old Meet-
ing House which has been taken down be equally divided between the proposed three
Precincts; And also that the Ministerial Revenue" belonging to the said Town of Brook-
field be equally divided between the three Precincts, ^ Which is humbl}' submitted to

the Hon'j'e Court, Saml Watts per Ord"'

In Council, Read & Accepted; & Ordered that a Bill be brought in for the Purposes
before mentioned ; and that the Charge of the Committee in their within mentioned Ser-
vice, be born by the whole Town of Brookfield.

In the House of Representatives, Read & Unanimously Concur'd." — Ibid., p. 304.

Chap. 14. « April 9, 1754. A Petition of William Alton & thirty seven others. Inhabi-
tants of the West Part of Oxford, setting forth their gi-eat Distance from the Body of the
Town & the Inconveniences attending, praying that they may be set off with their Fami-
lies & Estates, & erected into a seperate Town or District: in the House of Representa-
tives Read & Ordered that the Pet-'^ serve the Clerk of the Town of Oxford with a Copy
of this Petition, that they shew Cause if any they have on the second Thursday of the
next May Session, why the Prayer thereof should not be granted : In Council Read &
Concur'd." — Ibid., p. 206.

" November 8, 1754. The Committee to whom was referr'd the Petition of William
Alton and other Inhabitants of the Town of Oxford, having heard the Parties and consid-
ered the Petition with the Circumstances of the Town of Oxford, arc humbly of Opinion
That the Prayer of the Petition be so f;u- granted, as that the Petitioners withtheir Lands,
& others adjoining, be erected into a seperate District by the following Bounds, viz' begin-
ing at the South Line of Oxford, one Mile West of the Village Line so called; thence.
Northerly paralel with said Village to Leicester South Bounds, thence Westerly with
Liecester & Spencer South bounds, untill it come within one Mile and a quarter of Stur-
bridge East bounds, thence runing one Mile and a quarter westwardly to Oxford North
West Corner; thence Southerly with Oxford Southwardly Bounds to Dudley North West
Comer, thence with Oxford Southwardly Bounds to wliei-e it first began ; All which is
humbly submitted John Greexleaf.

In Council ; Read & Accepted ; and the Petitioners are allowed to bring in a Bill ac-
cordingly; In the House of Representatives Read & Concm'd."— Ibid., pp. 315, 316.

Chap. 15. The Governor and Council having gi-anted to Mary Clapham of Boston, a
divorce from bed and board against her husband, William Clapham, for adulterv on his
part, she filed her petition to the General Court, Decemljcr 4, 1754, for a divorce from the
bonds of matrimony, asking also for alimony. This petition was referred, and a bill
reported, thereupon, which passed to be enacted in both branches, but failed to receive the
Governor's signature.

A new bill was then introduced, which was enacted under the title given in the begin-
ning of these notes. The new bill made no provision for alimony,— the Assembly ap-
parently having concluded that this matter was within the exclusive province of the

820 Province Laws. — 1754-55. [Notes.]

Governor find Council. But as the Governor and Council were not expressly empowered
to enforce their decrees in matters of this nature, this chapter was enacted to meet the
case. It was signed by the Governor, January 10, 1755, and, on the 26th of February, the
following decree was passed by tiie Governor and Council : —

" 26"> of February 1755. Whereas by an Act of this Province Mary Clapham, late Wife
of William Clapham of Boston, Gentleman, has been divorced from her said Husband, &
their Marriage declared to be dissolved ; and the said Mary having made her humble Ap-
plication to this Board that a reasonable Allowance may be made her out of the Personal
Estate of said William for her Maintenance & Support; & having set forth that she is
now possessed of Household Furniture & other Personal Estate of the said William to
the amount of about One hundred Pounds Lawful Money :

It is therefore Ordered that the said Household Furniture & other Pei'sonal Estate of
the said William Clapham now in the Hands of the said Mary not exceeding the Value
of One hundred Pounds, be & hereby is assigned to the said Mary, as her own seperate
Estate by her to be used & disposed of as she shall think fit, and the said William Clap-
ham & all others concerned are to take Notice of this Order & govern themselves
accordingly." — Executive Records of the Council, vol. 2, p. 386.

" ThisActmust be submitted to your Lordships how far it may be fit to give power of
imprisonment without Bail for not complying with the Decrees and Orders of the Governor
and Council concerning Marriage and Divorce. The former Act which is recited in this
only giving power to the Governor and Council to hear and determine such controversies."
— Report of Sir M. Lamb: "Mass. Bay, B. T.," vol, 75, /. i.,o, in Public Record Office,

Chap. 16. " June 7"' 1754. A Bill intitled an Act for granting unto his Majesty an
Excise upon Wines, & Spirits distilled Sold by Retail, & upon Limes, Lemons & Oranges,
Having been read thi-ee times in the House of Representatives, & thei-e passed to be En-
grossed;— In Council Read a first Time." — Council Records, vol. XX., p. 257.

" June 8'h 1754. InCouncil Read a second time & Non Concur'd." — Ibid., p, 259.

"June 11"' 1754. A New Draught of a Bill for granting unto his Majesty an Excise
upon Wines & Spirits distilled, sold by Retail &c^, being broughtup from the House: — In
Council Read a first & second time & passed a Concurrence to be engrossed." — Ibid.,
p, 262.

"June 14, 1754. * * being passed to be enacted in the House of Represent^'^s ; and
brought up in Council ; Read and after Debate had thereon, the Question was put Whether
the Board pass the said Bill to be enacted ? And It was Resolved in the Negative." — Ibid.,
p. 271.

" June 15, 1754. The following Message was brought up from the House of Represent-
atives to the Council by Col" William Brattle Esq.'' & others viz'.

May it please your Honours, — This House hath a most gratefull Sense of the paternal
Care of His Excellency, discovered in his last Message to this House, mat we might not
rise with an Empty Treasury ; The House is fully sensible of the Inconveniences that may
arise therefrom but at the same time are quite conscious to themselves, that they have
done every thing on their part Consistent with the publick Good ; to prevent it.

The House, to prevent Poles & Estates being over burthened, projected & passed to be
enacted a Salutary Excise Bill, whereby all that consumed Spirituous Liquors, the Rich
as well as the Poor, those that consumed them for Luxury, as well as those who con-
sumed the same for Necessity, might pay as Excise therefor, sent the said Bill to the
Hon'''" Board for Concurrence ; whibh by the Hon'^'" Board was non Concur'd ; — The House
desirous to preserve an Harmony with the HonW« Board, prepared another, altering the
same matcrialy in many Points, apprehending the Honi'ie Board was not against the Spirit
of the Bill, as "aforesaid, sent it up to the Hon'^^'^ Board, which was by them passed to be
Engrossed ; but to our great Surprize was not passed by the HonW<= Board to be enacted,
by means whereof the Treasury is in danger of remaining empty, unless the hon'j'«' Board
is pleased to reconsider said Vote and pass said Bill to be enacted, which if done will ha an
additional Security to those Persons unto whom said Excise is mortgaged as a Collateral
Security : — Wherefore the House desires the hon^'io Board would reconsider said Vote of
Non Concurrence, and if they please, to pass the same to be enacted.

In Council ; The foregoing Message being read & considered. A Motion was made &
seconded that the Board would reconsider "their Vote for not passing to be enacted the
Engrossed Bill, intitled an Act for granting unto his Majesty an Excise upon Wine &
Spirits distil'd, sold by Retail & upon Limes, Lemmons & Oranges ; And The said Bill was
thereupon Voted to be reconsidered, and upon further Debate had thereon, the said Bill
was passed to be enacted." — Ibid., p. 273.

" June 17, 1754. The Secretary went down on a Message from His Excellency, to
direct the House of Representatives to attend him in the Council Chamber,

Mf Speaker and the House being accordingly come up, His Excellency made the follow-
ing Speech to both Houses : viz'.
Gentlemen of the Council & House of Representatives,

The Secretary hath laid before me your Engrossed Bill, entitled ' An Act for granting
unto his Majesty an Excise upon Wines & Spirits distilled, sold by Retail or c >nsumed
within this Province, & upon Limes Lemmons & Oranges.' And I find that one of the
principal Reasons given in the Message sent up by the House of Representatives to his
Majestys Council on Saturday last for passing it, was to prevent the Polls & Estates of
his Majesty's Subjects within this Province, being over burthened,

I have already, Gentlemen, in the Course of this Session, given you such an Instance of
my real desire to lighten the Tax upon the Polls Sc Estates of your Constituents by signing
my Consent to the Act for extending the Duty of Impost to all Goods imported from Great
Britain, (those only of the Produce or Manuhicture of it excepted), whereby the Revenue
arising from that Branch of Customes to the Province will now probably be greatly aug-
pi.ente"d, beyond what it hath been during these, thirty years past, that I think you can't

[Notes.] Pkovince Laws. — 1754-55. 821

doubt of my ready Disposition to concur Mith you, in any proper Measures for further
Easinc tlie isubjects in those Taxes.

But I slioukl ill discharge tlie Trust reposed in me by his Majesty if for the Sake of
Lightning them, I should join in imposing a Burthen upon the People, which would be
inconsistL'nt with the natural Kights of every Family m the Community : And such an
one I doubt it will appear in theEyes of your Constituents, to l)e sulyected to keep and
render an Account of the Quantity of the Excisable Liquors which they shall consume in
their private Houses, to Collectors and their Deputies, and that too upon Oath if required
by those Officers, or else to pay a Mulct upon their Refusal to do it,

This Method of raising Money is certainly not only of an extraordinary Kind, but alto-
gether unprecedented in the English Governni' and if a Judgment may be formed of the
general Reception which a Law of that nature would meet with throughout this Province,
from the Dissatisfaction & Murmering which the News of its being passed by the two
Houses, seems already to have raised in several parts of it. It will be so far from produc-
ing the salutary Etrects, which I am fully persuaded every Gentleman who has voted for
it,"proposes to his Country, by its licing passed into a Law, that it is justly to be ai)pre-
hended a general Discontent thro' the Province, and Dissatisfaction to his Majcstys Gov-
ernment would be the Fruits of it, at the same time that the publick would reap but a
very inconsiderable Part of the Advantage proposed by it, according to the Method of
Collectiug the Tax, which is provided in the Bill,

I must'lurther observe to you. Gentlemen, that this Method of raising Taxes is contrary
to the true Policy of Government in every Respect; That requires that the People should
pay their Taxes in the most imperceptible Manner, and not in such an one as would have
a Tendency daily to remind them of their Burthen, tho' never so necessary ; much less
when it is imposed in a Manner which may be conceived by them to be grievous & uncon-
stitutional.

I can't avoid remarking to you. Gentlemen of the House of Representatives, that the
Circumstances of your tacking this unprecedented Tax to your ordinary Excise, at a time
when the Excise of this Year is mortgaged, for securing the Payment of part of the last
Years pulilick Debt, and intimating in j'bur Message to His Majesty's Council, that unless
they would concur with you in passing the Bill now under Consideration, the Treasury
would be in danger of remaining unsupplied, hath a direct Tendency to weaken the Credit
of the Government, tho' I am fully persuaded at the same time; and I hope that it is the
universal Sense of the People that the Present Mcml lers of this House are uucapable of vio-
lating the publick Faith, in any Article or Degree whatsoever;

The Informality of passing this Bill to be Enacted, at the Council Board, is another Cir-
cumstance Gentlemen, which I can't omit mentioning. It appears by the Bill that on
Thursday last it was passed by the House of Represent ^* to be enacted, and by Records
of the Council that on Fryday" following, It was Non Concur'd by the Board; that on the
same day in the Afternoon in Answer to a Message from the House to the Council, desiring
to know whether the Board had acted upon the" Bill, tliey let the House know they had
Non Concur'd it ; On the Saturday following it appears by the Message of the House to the
Board, that they moved the Board to reconsider their Vote of Non Concurrence, upon which
the Board almost Instanter, ])roccedcd to reconsider it, (four of their Members which had been
present at and given their Votes in the Debate, when the Board Non Concur'd the Vote of
the House for passing the Bill to be enacted, being absent, and a smaller Nuuiljcr l)y four
present, than what had voted the Day preceediug, when the Bill was rejected) ; and the
Council then without furthur Formality concur'd the Vote of the House for passing the Bill
to be enacted,

Some very important Aflfltirs of the Province, which will not admit of Delay, will not
allow me to enter into a thorough Consideration, whether under these before mentioned
Circumstances of the Boards Re-consideration of the Vote whereby they rejected this Bill
upon the third Reading, & their subsequent Vote of Concurrence for passing it to be
Enacted, were not absolute Nulities, That this Proceeding was at least irregular & un-
parliamentary & of Dangerous Consequence to the publick Service seems to me most evi-
dent,

Upon the whole Gentlemen I think the least you can do in Justice to your Constituents,
upon this Occasion, will be to pursue the Method frequently used by the General Assem-
bly in Cases of the like Nature, by ordering the Bill to be printed, that your Constituents
may be fully acquainted with the Contentsof it during the Recess of the Court, and your-
selves informed of the General Sentiments of the Country, concerning a Matter of this Im-
portance & Difficulty, which so nearly touches the natural Right of every individual Mem-
ber in his private Family.

In the mean time, I will preserve the Bill in the same State which it is now in, by mak-
ing an Adjournment, instead of a Prorogation untill its next Meeting; And if at that time
I shall tind that you continue of the same Opinion, after having informed yourselves fully
of the Sentiments of your Constituents upon this Bill, I shall think myself more at Liberty
to pass it, and I shall have all due Regard to the general Voice of the People in a Matter
which purely concerns their own just Rights.

In this Case, to save the Excise, which would grow due upon the excised Spirits &
iLiquors after the ninth day of July untill the time of the next Meeting of the Court, from
being lost upon the Expiration of "the Excise Act, now in force, It seems to me that you
may project a short Bill which may eflcctually answer that Purpose, without' prejudicing
your Engrossed Bill now under Consideration." — Ibid., p. 274.

" On a Motion made and seconded. Ordered, That the several Members of this House be
directed to lay before the Select-Men of their respective Towns, that part of the Excise-
Bill Avhich relates to the private Consumption of Wines and Spirits distill'd, and acquaint
them it is the Desire of this House that they call their several Towns together, that this
House may know the Minds of their Constituents with Regard to said Bill, on the
Adjournment of this Court; Also

Ordered, That the Printer for this House be directed to send a Number of Gazettes of

822 Province Laws. — 1754-55. [Notes.]

this Day, containing His Excellency's Speech of YesterrLay, that so the several Members
may lay the same before llie Select-Men of their respective Towns, together with the Ex-
cise-Bill, to be communicated to them." — Jjaurnalof the House of Representatives, June 18,
1754, p. 48.

" November 12, 1754. A Bill, intitled, an Act for granting nnto his Majesty an Excise
upon Rum, Brandy, and other Spirits distilled within this Province, & also an Additional
Impost upon Wine, Rum & other distilled Spirits, l)rought into this Government, together
with an Excise upon Wine & Spirits distilled and sold by Retail within this Province, and
upon Limes Lemmons & Oranges; Having been read three times in the House of Repre-
sentatives & there passed to be Engrossed; In Council Read a tirst time and com-
mitted."—Ibid., p. 3\9.

" Nov 20, 1754. In Council ; Read a second time, and after a long Debate, committed."
—Ibid., p. 331.

" November 21, 1754. In Council ; Read a third Time and Non Concur'd.

" A Message was sent up to the House of Representatives by John Choat Esq'" & others,
to desire the Council to reconsider their Vote of Non Concurrence on the Bill, for granting
unto his Majesty an Excise upon Wine, Rum &C'' inasmuch as the House apprehends the
Method therein provided to be most salutary for the Province, & that they would give
it Dispatch, that so the Court may have a Recess as soon as may be;

And after the Gentlemen were withdrawn, the Question was put whether the Board
would reconsider the said Vote ? And it pass'd in the Negative :

And thereupon, Samuel Danforth, Samuel Watts, Andrew Oliver, Thomas Hutchinson
and Stephen Sewall Esq'"* were appointed a Committee to prepare a Message to the House
of Representatives, for Assigning the Reasons of the Boards Non Concurrence on the Ex-
cise Bill."— 76irf.,jo. 332.

" November 22, 1754. The Committee appointed to prepare the Draught of a Message
to the House of Representatives, referring to the Excise Bill; reported the same, Which
was Accepted, And is as follows; Viz*,

Ordered, that the followhig Message be sent down to the Hon^e House of Represses
vizt :

The Bill for granting an Excise on Rum, Brandy &c'> ; appears to the Board to contain
many new Matters, and of an extraordinary Nature, to be unnecessarily burthensome to
a Considerable Number of His Majest}''s Subjects, and to have a Tendency to discourage
the Trade and Manufactures of the Province,

The Board have no Exception to the general Design of the Bill in subjecting all the
Liquors that shall be expended in the Province to an equal Duty, Nor to the Changing
the Manner of raising the Duty by laying it on the Manufacturer, & Importer instead of
the Retailer; but they are apprehensive that if the Duty on the Stills be farmed; the
Province is in danger of losing a great Part of its Revenue, There having never any Trial
of it been made, the Amount of it must be very uncertain; A Farmer may put many
Thousand Pounds in his Pocket, and no Person but himself make no Judgment of it.
And this for a Number of Years together, if the Government should pursue this Method,
and there is not the same Exception to Collectors in the Way of raising the Duty, as when
it is raised from Retailers &c^, the Distillers being all known, and the Nature of the Busi-
ness such as it cannot be carried on in Secret; and their Oath faithfully to account will be
as obligatory, & have the same Tendency to exact the full Duty from them, when it is
paid to a Collector as when it is paid to a Farmer, And altho it may he urged that the
Governments Collectors would not be so active in detecting any fraudulent Importation of
Liquors into the Province, as a Farmer would be, yet it appears to the Board that if the
Excise on Retailers and other Licenced Persons was farmed, and such licenced Persons
were obliged to render an Account upon Oath, Whether they imported the Liquors them-
selves ; and if not, from whom they purchased them, and the Retailers be Importers, or
otherwise, such Persons of whom they purchased should l)e obliged when required, to
make it appear that the Liquors by them sold, had paid the Duty of Excise due from the
Distiller, or Impost due from the Importer, this would in a great Measure prevent any
illicit Importation.

The requiring Bond from the Distillers may be a very great Burthen to some of them,
and the Board are of Opinion that if their Stills and Utensils were made liable to the Pay-
ment of the Duty, in Case of Failure in the Distiller, it would l)e a less Burthen on them,
as effectual for the Security of the Government, and more agreable to the Provision made
by Acts of Parliament in Cases of the like Nature,

The Board arc also of Opinion, that it would be a further unnecessary Burthen on the
Distillers to make them liable to the Duty on Rum exported, where a Certificate is not
returned or other Proof made in a limitted Time, of its having been landed or sold out of
the Province ; And they are further of Opinion That the Oath of the Exporter, that such is
actually exported and not intended to be rclanded ; & if he afterwards knows or suspects
its being rclanded he will discover it, may be as ctTectual and less burthensome; It seems
likewise an extream Hardship to oljlige the Distiller to pay the duty on all the Rum they
may have by them, at the Commencement of the Act, but also what shall be left unsold
at the Expiration of it; w^'' must cause them either to put a Stop to their Business for
some time before, or expose them to a certain Loss.

The Board are of Opinion that the farming the Impost, and giving the Farmer such
power over the Properties and natural Rights of the Subject, as are ftiven by this Act,
especially where any Person, (of how bad a Character soever) if he be the highest Bidder,
may be the Farmer, is without President 'in any Part of his Majesty's Dominions, & may
prove very oppressive to the Subjects where the Officers of the Government are employed
to collect this part of the Revenue, the Board have no Exception to the farming of it, or
if it should be thought necessary to give the Powers of Collection to a Farmer; yet some
further Provision should be made with Respect to the Qualifications of such Farmers, than
meerly his being the highest Bidder, as the Wisdom of the Government at Home has
always thought necessary." — Ibid., p. 333.

[Notes.] Province Laws. — 1754-55. 823

" November 22, 1754. The following Message to the Coimcil from the House of Repre-
sentees i,y Saimicl Welles Esq'' and others; was brought up — viz',

May it please your Honours; — The House of Rejjrescntatives apprehend themselves
bound in faithfulness to his Majesty's dutiful & loyal Subjects the People of this Province,
their Constituents, thus publickly to bear Testimony against the great Breach made, by
the Hon''!" Board this Morning, on our undoubted Right of granting Money, and deter-
mining on the Way and Maimer of raising & levying tlie same on the People, without any
Proposal, Conference or any other Method to hinder the Proceedings of the House in such
an Aflfiiir, besides barely Non Concurring their Totes or Orders in such Case.

We are very sensible of the great Importance and Necessity of a good Understanding
and Harmony between the two Houses, in the present Distress and difficult Circumstances
of the Pi'ovince ; And had not we apprehended that our Silence on so apparent an En-
croachment, might hereafter be improved as a Preceedent, we had not thouglit it so much
a Duty to make this Declaration or Protestation, against the Conduct of the Hon"^'"
Board." — Ibid., p. 335.

" December 17, 1754. The Bill entitled an Act for granting unto his Majesty an Excise
upon Spirits distilled, & upon Wine, & Limes Lemons & Oranges In Council, Read a
second Time & passed a Concurrence to be Engross'd." — Ibid., p. 349.

"December 19, 1754 • * * Having been Read three several Times in the House of
Representatives & in Council, Passed to be Enacted by both Houses." — Ibid., p. 351.

"December 26, 1754. In the House of Representatives Voted that Capt Joseph Will-
iams & Robert Spurr Esq"" witli such as the Hon'^'<^ Board shall join be a Com'ee to farm
out the Excise on Spirituous Liquors for the County of Suffolk ; — In Council Read & Con-
cur'd ; and Joseph Richards Esq"' is joined in the Affair, Consented to by the Governour."
—Ibid., p. 356.

On the same day the follo'iving persons were chosen committees to farm out the excise
for the respective counties hereafter named; viz., —

Col. Choate and Col. Hale, on the part of the House, and Benjamhi Lynde, Esq., on the
part of the Council, for the county of Essex ; —

Col. Brattle and Mr. James Rus.scll, on the part of the House, and Ezekiel Chever, Esq.,
on the part of the Council, for the county of Middlesex ; —

Timothy Ruggles and Moses Marcy, Esqs , on the part of the House, and William Rich-
ardson, Esq., on'the part of the Council, for the county of Worcester; —

Oliver Partridge and Josiah Dwight, Esqs., on the part of the House, and Eleazer Porter,
Esq., on tlie part of the Council, for the county of Hampshire ; —

Col. Clappand Mr. Elisha Barrow, on the part of the House, and John dishing, Esq.,
on the part of the Council, for the county of Plymouth; —

Capt. John Norton and Col. Zacheus Mayhew, on the part of the House, and Enoch
Gushing, Esq., on the part of the Council, for the county of Dukes County ; —

James Otis and David Crocker, Esqs., on the part of the House, and John Otis, Esq.,
on the part of the Council, for the county of Barnstable ; —

John Storer, Esq., and Mr. John Bradbury, on the part of the House, and John Hill,
Esq., on the part of the Council, for the county of York ; —

Ephraim Leonard, Esq., and Mr. Israel Tisdale, on the part of the House, and George
Leonard, on the part of the Council, for the county of Bristol: —

Capt. Obcd Hussey and Capt. Jonathan Coffin, on the part of the House, and John
Bunker, Esq., on the part of the Council, for the county of Nantucket. — Ibid., p. 357.

Februaiy 13, 1755. Mr. Phineas Haj-wood was appointed for the County of Worcester
in the room of Capt. Ruggles who desired to be excused — Ibid., p. 394.

" December 30, 1754. In the House of Representatives Voted that the Comtf-^s ap-
pointed to farm out the Excise on Spirituous Liquors in the several Counties, advertise the
same in the publick Prints, one Month at least before the Sale, and also in snch Parts of ^

their respective Counties as they judge likely the Prints will not reach ; And wherever the
Committee suspect a Combination as to the Purchase of the Excise ; that they lie & hereby
are impowered to contract and agree for the same otherwise than by a publick Vendue.
In Council ; Read & Concur'd ; Consented to by the Governour,

In the House of Representatives, Ordered that the Committees appointed by this Court
to farm out the Excise upon Spirituous Liquors in the respective Counties, that are now at
Court, meet & agree upon suitable Times for farming the same in the several Counties : —
In Council Read & Concur'd; — Consented to by the Governour " — Ibid., p. 361.

" January 3, 1755. In the House of Representatives ; Ordered that Judge Russell, Col"
Choat, & Col" Brattle with such as the Hon'^'^ Board shall join, be a Comi*^^*^ to prepare a
Letter to M"' Agent Bollan, directing him to use his utmost Endeavour that the Act for
granting an Excise upon Spirituous Liquors, and also several Acts passed this Session be
not disallowed by his Majesty. In Council; Read & Concur'd; and Samuel Danforth
and Sylvanus Bourn Esq'''''are joined in the Affair."— /6('rf., p. 367.

" January 8, 1755. The Committees Report of a Letter to the Agent referring to the
Excise Act. In Coimcil; Read & Accepted with Amendments, In the House of Repre-
sentatives, Read & Non Concur'd, & other Amcndm's voted." — Ibid., p. 373.

"January 9, 1755. In Council; Ordered that John Cushing, Thomas Hutchinson & ,

Stephen Sewall Esq's \jq a, Committee on the Part of the Board, to confer with such Com-
mittee as shall be appointed l)y the Hon'j'« House of Representatives on the Matter in
Difference between the two Houses respecting the Letter to M' Agent Bollan, which re-
lates to the Excise Act passed this Session : — -In the House of Representatives; Read &
Concur'd; And Col» Choat, Col" Hale & Judge Russell are joined in the Affah:"—Ibid.,
p. 376.

" January 10, 1755. The Committee of the Council for Conferring with a Committee of
the House on the Matters in Difference in the Letter reported to be sent to the Agent, re-
porting the Exci.se Act pass'd this Session, having reported to the Board : The (touncil

passed their Acceptance of the said Letter with a new Amendment. Which was agreed to
by the House of Representatives." — Ibid., p. 379.

824: Province Laws. — 1754-55. [Notes.]

" January 11, 1755. A Message came up from tlie House of Representatives by Timothy
Ruggles Esqf & others to his Excellency, That it was the earnest Desire of the House
that he would use his Interest with the Crown that the Act passed this Session for jrranting
to his Majesty an Excise upon Spirituous Liquors &ca may not be disallowed by his
Majesty."— Ibid., p. 382.

" * * * and will not detain you longer than to acquaint you, Gentlemen of the House
of Representatives, that I have complied with your Request to me, in writinij to the Rijrht
Hon*''^' the Lords Commissioners for Trade and Plantations upon the Subject of the Excise
Act." — Gov. Shirley's speech to the Assembly, Feb. 7, 1755: Council Records, vol. XX., p.
392.

See the Governor's letter at length, post, p. 826.

" Fcbry 22, 17o5. The Committee for letting out to farm the Excise upon Spirituous
Liquors &C''> in the County of Worcester, report that they had let out the same to Major
Jolin Chandler of Worcester for £351. and taken Bond of him, with Sureties, & lodged
the same in the Treasury ; their Accompt of Charge amounting to three Pounds 4^ 8'i In
the House of Representatives ; Read & Ordered that this Report be accepted, and that the
Sum of Three Pounds four shillings & eight pence l)e allowed & paid out of the publiek

Treasury to the said Committee in dischai-ge of their Travel & Expences : In Council ;

Read & Concur'd ; — Consented to by the Govern"'." — Ibid., p. 415.

The above report from the committee appointed to farm out the excise for Worcester
county was followed by reports from the committees of other counties, and the dates of
their reports, together with the names of the farmers of excise appointed by them, respect-
ively, are as follows : —

February 27, 1755. Suffolk county ; to Elisha Jones, for £24:20.— Ibid., p. 421.

April 26, 1755. Bristol county ; to Capt. Joseph Joslvn of Hanover, for £168. — Ibid., p.
442.

April 26, 1755. Barnstable county ; to Nathaniel Little, for £200.— 76?^., p. 443.

April 26, 1755. Middlesex countv ; to Elisha Jones of Weston, for £761, I6s. Sd.—Ibid.

April 28, 1755. Essex county; to Mr. William Coffin, for £1214, 13s. M.—lbid., p. 448.

April 28, 1755. York county; to Capt.Ichabod Goodwin of Berwick, for £249. — Ibid.

June 5, 1755. Nantucket county ; to Thomas Arthur, for £28. — Ibid., p. 463.

June 11, 1755. Plymouth county ; to Mr.Seth Briant, for £220.— Ibid., p. 474.

"At A Meeting of the Freeholders and others Inhabitants of Glocester qualified for
Voting on the Fourth day July Anno Domini 1754. * * * *

Whereas an Extract of a Bill that has passed in the Council and House of Representa-
tives Entitled an Act for Granting his Majesty an Excise upon Wines and Spirits distilled
sold by Retail or consumed within this Province and upon Limes, Lemmons and Oranges
has been this Day laid liefore the Town Meeting (Whereof mention was made in the
Warning tlio' not in the Warrant for calling this Meeting) One Paragraph of Which Bill
Obliges every Person expending any Rum Wine or distilled Spirits to give in upon Oath
to the Collector of the Excise or his Deputy if required an exact Account of all Wine
Rum or distilled Spirits consumed in his or her House Family Apartment or Business
within Twelve Months from the ninth Day of July instant, together with his Excellency
the Governour's Speech thereon iraportins (among other Things) That the said Para-
graph is inconsistent the naturall Rights of every private Family; published in the Gazett
of June the Eighteenth last, agreeable to a Vote in the House of Representatives June 14

Voted that the said P;«"t or Paragraph of the said Bill is highly disagreeable to the In-
habitants of the said Town and very grcivous as being inconsistent with the naturall
Rights of Mankind and much more with the Liberties of Englishmen and that M' William
Stevens their Representative be directed to act in That Capacity in Conformity to these
Sentiments.

Voted That Daniel Witham Esq'- Daniel Gibbs Esq"- M-- Edward Paine M' Timothy
Rogers Epcs Sargent jun' Esq"- Mr Philemon Warner & m"- Thomas Sanders jun'' be a
Committee to give The Thanks of the Town to his Excellency the Governour for his Care
and Concern for their Rights and Liberty as expressed in his Speech of the 17"' of June
last and in his refusing to Sign the said Bill." — Gloucester toton-records, vol. 3, pp. 15 and
16.

" At a Meeting of the Freeholders and other Inhabitants of Glocester held on the four-
teenth Day of January Anno Domini 1755

Cap' Isaac Eveleth Moderator * * * *

The Meeting proceeded to consider the Petition relating to late Act laying an Excise
upon Strong Liquors

Voted neraine contradicente That The said Act is as greivous as when laid before the
Town as a Bill by Order of the honourable House of Representatives and the more greiv-
ous inasmuch as What was then Voted by this Town appears not to have been received
or any Way taken Notice of by the said House •

Voted.to joyn with such other Towns as shall appear against the said Act and petition
his Majesty to have the said Act disallowed.

Voted that Daniel Witham Esqf M"" William Parsons and Mi- Edward Pain be a Com-
, mittee to draw up something relating to the said Act to be laid before the Town at the

Adjournment of this Meeting." — Ibid., p. 18.

" At A meeting of the Freeholders and other Inhabitants of Glocester by Adjournment
on the 21st of January Anno Dom 1755. * •' * «

Voted unanimously This Town will Joyn wich Boston Newbury Marblehead and such
other Towns as think themselves aggreived by the late Excise Act in making Application
at Home in Order to prevent said Acts obtaining the royall Assent and that an Agent be
chosen by the Town to appear in their Behalf at Home in Order to prevent said Act's
obtaining the Royal Assent

Voted unanimously That Christopher Kilby of London Esq"- be and is hereby appointed
Agent for the Town and is hereby authorized and empowered to appear in Behalf the

[Notes.] Peovince Laws.— 1754-55.' 825

Town and to use his utmost Endeav[our] to prevent said Act's obtaining the Royal
Assent

Voted that Daniel Witham Esq'' Mr "William Parsons & m'' Edward Payne be a Com-
mittee to forward a letter to [Mr ?] Agent Kilby reprcf^cnting tiie Grcivances the Town
labours under by Reason of Said Act and to transmit said Agent such Papers as they shall
Judge necessary in the Case

Voted iliat a' Letter read at this Meeting (which is upon File) be accepted as the Senti-
ments of the Town containing the Exceptions taken against the said Excise Act and for-
warded l)v the aforesaid Coniittee to M'- Agent Kilhy."— Ibid., j}. 19.

" August 7"' 1754. At a Mcciing of the Freeliolders and other Inhabitants of the Town
of Boston, legally qualitied and warned in Publick Town Meeting Assembled at Faneuil
Hall on Tuesday the 7"' day of August A. D. 175-4.

* * * *

That Article in the Warrant, viz' 'To know the minds of the Inhabitants with regard to
a Bill now depending in the General Court laying an Excise on the private Consumption
of Wines and Spirits distill'd,' was taken into Consideration and the Abstract of said Bill,
and Governour Shirleys Speech relating to it, being read a long Debate thereon was had,
and It was unanimously Voted

1^' That it is the sense of the Town that, that part of the Excise Bill contain'd in the
Abstract now read, is contrary to those principles upon which our happy Constitution is
founded, as well as destructive of those priviledges which it Warrants and Defends, that
it is Vexatious and Oppressive and tends to Weaken the just Authority of an Oath, and
to prejudice the Moi'als of the Community.

2'>' Voted unanimously that Thanks be returned to His Excellency the Governour, for
his Paternal Goodness and Wise Conduct in relation to said Bill, &. that his Excellency
be requested still to continue his Care for Us in this respect.

S'y* Voted unanimously that the Thanks of the Town be and hereby is given to the
Gentlemen the Representatives of the Town, for the strenuous Opposition they made to
said Bill, and that they be desired still to Use their utmost Endeavours to prevent said
Bills l)eing pass'd into a Law." — Boston toicn-records, vol. 4, p. 352.
" Sept"- 17", 1754. * • * ♦

Your Excellency's late seasonable Interposition in favour of the Natural Rights of
Englishmen, so greatly, tho' We trust not wilfully, affected liy the late Excise Bill, affords
us the most convincing proofs of the Rectitude of your Excellency's Sentiments and the
■ AfFection of your Patriot heart for that Constitution, which sweetens, improves and Ex-
alts ever.v other blessing of Life.

We cannot feel the decay of Our Commerce, and the many Burdens which this Town
labour under, without the most Melancholly Impressions, but these admit of some Allevi-
ations from your Excellency's wise and vigorous Endeavours to preserve Our dearer Lib-
erties neither is it in our power to relish that Relief with regard to the former which must
necessarily grow out of those Methods which tend to destroy the Latter.

We would hope that the Honoural)le Court may upon mature Consideration find reason
to alter their Judgment respecting tliis affair, which if they should renew and insist upon,
We humbly apprehend will be al-tcndcd with the most Mischievous Consequences, unless
your Excellency should finally refuse j-our Sanction to it.

The Noble Pattern your Excellency has in this Affair held up to our view, highten'd by
your Situation in Government and Augmented by your Connection with the Prerogative
Convinces us of the tender regard you have for the Liberties of this People, and will not
we hope be ever forgotten.

And as this particular Instance of yom- Excellency's Goodness added to om- past Expe-
rience of your known Abilities has incrcas'd Our Confidence in your Administration, it
shall be our Study to Afford your Excellency all those Demonstrations of Duty and Af-
fection, which Truth and Justice require, and your Excellency's wise & good Conduct
will, wo doulit not Secure and perpetuate." — Portion of address of thanks to the Governor
from Toicn of Boston : Boston town-records, vol. 4, p. 355.
" Gentlemen.

I Thank you for this Address; The sense which you there Express of my Attention to
His Majesty's Service, and the preservation of the rights and liberties of his People within
this Government, give me a solid Satisfaction nor can I pass over in Silence your late Vote
for placing my Picture in Faneuil Hall, with which your Selectmen acquamtcd me, with-
out Acknowledging the pleasure, I feel from that publick mark of your respect for me.

Whenever it may be in my power to contribute towards reviving the dccay'd Trade, and
easing the Burthens of this Town, which you mention in your Address, I shall gladly
Embrace the Opportunity, and you may be assur'd that my Duty to the King, and the
Welfare of his good People within this Province, shall ever be the Rule of my Adminis-
tration. W. Shirley.
' Province House Septr 19* 1754." — Governor's letter to the Town : ibid., p. 357.

" January 3^, 1755. At a Meeting of the Freeholders & other Inhabitants of the Town of
Boston legally qualified and warned in Publick Town Meeting Assembled, at Faneuil
Hall, on Friday the third day of January A. D. 1755.

* * * *

The Petition of a great Number of Inhabitants for calling this Meeting was read.

The Act of the Province lately pass'd Entitled An Act for granting unto his Majesty an
Excise upon Spirits distill'd and Wines ; and upon Limes Lemmons and Oranges — was
read.

The Town proceeded to take into Consideration the Article in the AVarrant for calling
this McctiiiL,', Vij;' 'To Consider and Determine what may lie projier for the Town to do,
in relation to An Act lately pass'd the General Court, Entitled An Act for granting unto
his Majesty an Excise upon Spirits distill'd, and Wines, and upon Limes, Lemmons &
Oranges.' and after some debate thereon, It was unanimously

104

826 Province Laws. — 1754-55. [Notes.]

Voted that the To\vn will make Application at Home in order to prevent said Acts ob-
tainin^r the Royal Assent.

And then It "was Voted that an Agent be chose by the Town to appear in their behalf at
Home in order to prevent said Acts obtaining the Royal Assent.

Voted nnanimoiisly, that Christopher Killiy of London Esq'' be and hereby is appointed
Agent for the Town, and he is hereby fully Authorized and Impowered to appear on be-
half of the Town, and to use his utmost Endeavours to prevent said Acts obtaining the
Royal Assent —

Also Voted unanimously that the said Christopher Kilby Esq'' be and hereby is ap-
pointed Agent for the Town in any other Matters and Affairs that the Town arc concerned
in or mayhcreaftcr have depending in London, said Agent to Conduct himself according
to such directions and Instructions as he may from time to time receive from the Town
relating to said Affairs. —

Voted that John Phillips Esq'' the Modei'ator of this Meeting, the Gentlemen the Select-
men, Charles Apthorp Richard Dana and Thomas Greene Esq""^ Mi" William Cooper M'
Royall Tyler and M'' Isaac Walker be and hereby are appointed a Committee forthwith to
forward the Letter now read to M"" Agent Kilbj', and to make such further Additions
thereto as they may judge proper.

Also Voted that said Committee transmit to the Agent, Governonr Shirleys Speech made
by him the 17'*" of June last, relating to said Act, and such other papers as they shall judge
requisite — Ibid., vol. A, p. 359.

" At a Meeting of y« Inhabitants of y« Town of Salem lawfully qualified to Vote Sep'
9* AD. 1754—

Voted Coll'^ Ichabod Plaisted Moderator of this Meeting

That part of the Excise-Bill which relates to y^ private consumption of Wines & Dis-
till'd Spirits being laid before the Town together with His Excellency's Speach respecting
y« same, agreablc to the order of the Hon'j'<= The House of Representatives of y^" IS''' of
June last and y« same having been duly consider'd. Voted unanimously That it is the
Mind of this Town That the Enacting said Bill would be inconsistent with the natural
Rights & Liberties as well as the peace & welfare of j^ Inhabitants of this Province."
— Salem toicn-records : minutes, 1748-1775.

"At a Full meeting of the qualiflcd Inhabitants of this Town Legally Conven'd the
Sixteenth day of Septemf 1754, According to Notification,

Voted, John Tasker Esq^ Moderator.

The Bill relating to the Excise on the privat Consumption of Spiritious Liquors '
together with His Excellencys Speech to both Houses of Assembly in their late Sitting
respecting thereto being read.

After Mature deliberation, the question was put whither they Apprehended it for the
Publick Good, that Said Bill should pass into an Act. It pass'd in the Negative Unani-
mously.

And Voted, that the Representative of this Town be and hereby is desired and directed
to Use all proper means to prevent the Same." — Marblehead town-records, 1721-1764,
p. 390.

" At a meeting of the qualified Inhabitants of the Town of Marblehead conven'd the
thirteenth day of January 1755. « * * «

Voted, there shall be a Comm"« of Five persons chosen, to Petition His Majesty that
the Act lately made and lately pass'd the Gen' Court Intituled an Act for Granting unto
His Majesty an Excise upon Spiritous Liquors, and Wines, and upon Limes, Lemmous &
Oranges be disalow'd.

Voted. Roliert Hooper Esq"" M' Ebenczer Stacey Coll" Jacob Fowle Coll" Jeremiah
Lee & Cap' Isaac Freeman Comm"'=

Voted. That Christopher Kilby Esq' of London, be and hereby is appointed Agent for
this Town to Petition His Majesty to disallow the Act aforesaid. Agreeable to such Instruc-
tions as he may receive from the Comm«e afforesaid in behalf of this Town."— /ijc?., p.
392.

" September 19th, 1754. The town taking into consideration the bill entitled an act for
granting to his majesty an excise upon Avines and spirits distilled and sold by retail or
consum'ed in this province, voted that they are of opinion that that part of said bill,
which related to the consumption of distilled spirits in private families {which was
referred to the consideration of the towns) is an' mfritic/etnent on the natural rights of
Englishmen and ousht not to pass into a law, and so forth.

January '21st, 1755. Town voted, first, that the town will act on an act lately made
relating to an excise on the private consumption of distilled spirits, wines, lemons, limes
and oranges.

Second, voted that the petitioners namely captain Michael Dalton and others and any
other gentlemen, who are willing to join them should on their own cost and charge apply
home in order to prevent said acts obtaining the royal assent." — CoJJUrCs History of New-
bury, p. 221.

" (Got/-*" Shirley to Lords of Trade, 1.2 January 1755).

Boston New England Jany 12ti» 1755.
My Lords,

The Town of Boston having appointed an Agent to sollicit for His Majesty's disallow-
ance of the inclos'd Excise Act and the House of Representatives having by their Message
to me in Council of the lO^i* Inst, desired that I would use ipy endeavours for the Royal
approbation of it. I beg leave to lay before your Lordships the following Account of this
Act, with some Remarks upon it, that your "Lordships may be thoroughly informd of the
merits of the dispute between the Town of Boston and the two Houses of the General
Assemblv of the Province in this matter.

That part of the Act, my Lords, which is relative to the excis'd Liquors sold by Tav-

[Notes.] Province Laws. — 1754-55. 827

erners, Innholders & other Retailers in quantities under 30 Gallons to any person at one
time, is conformable to the ordinary Excise Act, constantly pass'd every year and not
objected to : That part oidy is in question which imposes an excise upon Rum and other
Spirits & Wine consumed in private families and not bought of any Retailer : This part of
the Act is new and the motives which induced the House of Representatives to extend the
duty to these Liquors seem to be that they thought it just, that those Members of the
Conimunity whose Estates were large enough to enable them to buy these Liquors of the
Merchant in quantities not under 30 Gallons, should pay their proportional )lc part of the
duty with those whose circumstances would not afford their purchasing 'cm in so large
Quantities : this they conceiv'd would make the Tax more equal ; that the Duty would
produce a larger revenue to his Majesty towards the support of his Government and
consequently lighten the burthen of the poorer sort in the other Taxes necessary to be
raised in the Province for that purpose.

This point also, my Lords, as fiir as I could perceive from the publick debates of the
Council, whilst the Bill was depending, & private conversation, is universally allowed
by those Members who opposed it, to be reasonable & just, as it seems clearly to be.

The single matter in difference is the manner of collecting this part of the Duty as pre-
scrib'd in the Act which sulijccts every person to Keep an account of the quantity of rum
& other spirits and wine consumed in his private family & not purchas'd of a Retailer and
to render it to the Town Clerk where he lives once in a year; and in case the farmer of
the Excise for that particular County shall think fit to summon him before a Justice of
Peace for that purpose, to make oath' to the truth of his Account, or in failure thereof to
pay £10 : — lawfuU money, being of the value of £7 : 10s- — sterling to his use.

in June last a Bill of the same kind, differing from this in some small Circumstances,
was projected and pass'd in the House of Representatives, the Council at first non con-
curr'd it, Init the House made such a point of it, that the Council in the end concurr'd it,
and it was pass'd to be enacted by both Houses and laid before me by the Secretary, for
my consent.

As I dislik'd the m.inner propos'd in the Bill for levying the new Duty and it begun to
occasion a dissatisfaction in the Inhabitants of the Town of Boston in particular, which
bad communicated itself from them to other Towns in the Province, I interpos'd in the
afifiiir and made a Speech to both Houses, which after urging the exceptions I had to the
Bill, in very strong terms (aggravated perhaps beyond what the necessity of the affair
required) I concluded by telling them, that ' I thought the least they could do in justice
to their Constituents upon this occasion would be to pursue the method frequently us'd by
the General Assembly in cases of the like nature, by ordering the Bill to Ijc printed, that
their Constituents might be fully acquainted with the contents of it during the recess of
the Court & themselves informed of the general sentiments of the country concerning a
matter of this importance and difficulty which so nearly touched the natural right of every
individual Member in his private family.'

' That in the mean time I would preserve the Bill in the same state, which it was then
in, by making an Adjournment instead of a Prorogation of the Court, until it's next meet-
ing and if at that time I should find that they continued of the same opinion after having
informed themselves fully of the sentiments of their constituents ujion this Bill, I should
think myself more at liberty to jiass it and should have all due regard to the general
voice of the people in a matter which purely concern'd their own rights.'

'And in order to save the duty which "would grow due upon the excis'd Spirits &
Liquors, after the ninth day of July, until the time of the next meeting of the Court, from
being lost, upon the expiration of the Excise Act then in force, I advis'd the House of
Representatives to project a short Bill, which might effectually answer that purpose,
without prejudicing their engross'd Bill then under consideration.'

I was in hopes, my Lords, if the House of Representatives could have been induced to

. pass an Excise Bill in the ordinary form that their fondness for the new part of the Bill

then depending might have worn off by the time of their next meeting; But they were so

much Ijent upon carrying their point that they refus'd to pass an Excise Bill in anj' other

form and rose without making any supply of the Treasury.

They however complyed with my advice to them so far, as to pass on the 18*^ of June
the two following Orders of the House viz' ' that the several Memticrs of that House be
directed to lay before the select men of their respective Towns, that part of the Excise
Bill which relates to the private consumption of Wines & Spirits distill'd, and acquaint
them it is the desire of the House, that they call their several Towns together, that the
House might know the minds of their Constituents with regard to said 13111 on the ad-
journm' of the Court '

And ' that the House's Printer be directed to send a number of Gazettes of that day,
■containing the Governor's Speech of tlie day before that so the several Members might lay
the same before the select men of their respective Towns, to be communicated to them
together with the Excise Bill '

At- the next Meeting of the Court I received Addresses of thanks from some Towns in
the Country by their Meml)ers, as I had before done from the Town of Boston in particular
for the part I had acted in this afiair : But as the House did not think tit to call for the
Returns of the select men of the several Towns, it did not appear with certainty what the
sense of the major part of them was concerning the late Bill ; the House however in the
beginning of their Session dropped their old Bill and fram'd another for laying a duty
upon all distill'd Liquors, at the Still head (as it is called) join'd with .an Impost upon
Wine, with sundry new Regulations for making them both effectual for collecting the
Duty laid upon the private Consumption of the Excis'd Liquors : But upon considering a
Petition from the Distillers against the former part of the Bill, and being of opinion that
this Scheme in other parts would probably be very injurious to the trade of the Province
in many respects, they quitted it and rcturn'd to their first project and after having sat
near eight weeks, pass'd the Act now before your Lordships which was cpncurr'd by his
Majesty's Council & laid before me for my Consent.

828 Province Laws. — 1754-55. [Notes.]

The Supply of the Treasuiy, my Lords, for the current year had heen now obstructed
for six months after tlie usual time of makin<? it; no Funds rais'd for discharging the
growing deljts of the Province ; many of the Soldiers and all the Officers & Servants of
the Government were suffering by being kept out of their pay; Great sums of money
were wanting to purchase tire arms and powder, which the Province stood in need of,
and every part of His Majesty's service laboured, all occasion'd by the suspending of
my consent to the late Excise Bill.

This situation of alFairs required the most mature advisement; I considered my Lords,
this was a Money Bill, which always originates in the House of llcpresentativcs and
which they claim a right to pass in their own way; that the Dispute was concerning these
two circumstances, viz : — every person's being obiig'd to keep & render an account of what
excis'd Liquors, not Ijought of Retailers he consum'd yearly in his private family, which
Imposition they insisted upon laying on themselves & their Constituents ; that they stood
ready to make a large supply of the Treasury, for carrying on every part of His Majesty's
service, provided his Governor would accept it with tliis new duty "upon the People; that
the lengths I had already gone in asserting the People's cause in this matter against
their representative Body had greatly embarassed his Majo'^ service; that if I should
refuse my consent to the present Bill there was a prospect of still further confusion, at a
time when His Majesty's service in an especial manner requir'd the greatest Harmony to
be kept up bctweew me & the two Houses.

Besides the Act is to continue but for one year, and the permitting it's operation to be
try'd for that time seem'd the most effectual way to bring the House of Representatives
to" let it drop for the future: At all events as the present House hath but six months
longer to sit, the People will have it in their power either to injoin the Memliers they
choose at the next Election to repeal the Act, or not to pass it agairi, or to choose new
Representatives.

For these Reasons, my Lords, I thought it most adviseable finally to give my consent to
the Bill; the immediate consequence hath been a large supply of the Treasury and I hope
the Assemlily will meet again in the beginning of Feln-uary (to which time I have pro-
rogu'd them) well dispos'd to promote His Majesty's service in the enterprise proposed to
me by Colonel Lawrence and which we are now concerting for dispossessing the French
of all their Incroachm*' in Nova Scotia early in the Spring.

I beg leave now to observe to your Lordships, that the effect of His Majesty's disallow-
ance of this Act would be that the Taverners, Innholders & Retailers will sell the excis'd
Liquors at their usual Excise prices, so that that part of the People who shall buy their
Liquors of them and not of the Merchant and are of the middling and poorer sort will
have paid their part of the duty in those rais'd prices which is computed at about £1000
sterling p"" ann : and by the disallowance of the Act before the time on which the Retail-
ers are obliged to pay to the Farmers of the Excise the duty upon tlie several species of
liquors, which they have sold, or on which the Farmers of the Excise are obiig'd to pay
the sum, they have contracted for with the pnblick, which is a year after the Act takes
place, the pnblick will be wholly dcpriv'd of the l)enefit of the Tax and it will in such
case be snnk in the pockets qf either the Taverners, Innholders & Retailers, or of the
Farmers of Excise, neither of which have any right to it.

In this Case likewise all the Governm''=* Creditors, who have taken the Treasurer's
Notes payable with Interest oxit of the Duty of Excise (which by the Supply Act the
Treasurer is empowered to give) & those who shall lend it any sums of money upon the
security of this Fund will lose their Security; and for discharging their debts a new Tax
must be laid, of which too those, who paid the Duty of this Excise to the Retailers as is
before mcntion'd in the advanc'd prices of the Liquors, must bear their proportionable part
over again.

In Case this Act is disallow'd before it hath had it's full operation, the publick will
also lose the whole benefit of that part of the duty, which is laid upon those cxciseable
liquors which shall be purchas'd of the Merchant or others in larger quantities than 30
Gallons by one person at one time which is reckon'd at about £4000 Sterling value more
and will lie sunk in the pockets of the richer sort of the people who have no reasonable
pretensions to be exempted from paying their part of the Duty and so increase the burthen
of the other Taxes upon the poorer sort.

Thus, my Lords, would £5000 sterling of the publick Taxes be sunk in the pockets of
those who have not the least right to it, to the great hardship of others, who are the least
able in the community to bear such a loss, the weakening of the Government credit & the
disappointment of His Maj'y'^ service.

But my Lords these are not all the bad consequences which will probably arise to the
Province from his JLnj'y'^ disallowance of the Act.

I am persuaded that a disallowance of this Act would greatly shock the minds of the
Representatives and disserve his Maj'y's Government, especially at this Crisis : Tho' they
have learned to acquiesce in being restrained from passing Acts of Assembly which
intrench upon his Majesty's Prerogative, which have a tendency to weaken his Government,
affect the foreign trade of Great Britain, burthen or diminish her trade to the Colonies,
lessen the conkimption of Commodities either of her growth or manufacture within 'em
and even from establishing Manufactures among them, which interfere with her's; but
to restrain them either by disallowance of their Acts whcnpass'd, or standing instructions
to their Governors from laying a duty upon Liquors, which in all Communities have ever
been esteem'd the most proper object of a Tax or Excise, in such manner as to subject
every rank of persons to an equal payment of it and to be collected so as to prevent con-
cealments and frauds in those who ought to pay their parts of it and to make the fund
produce what it ought towards the support of His M.aj'y's Governm' I say my Lords to
restrain them from exercising such a discretionary power among themselves would, I am
satisfied, grieve them very much at this time, and might tend to quench tliat ready spirit,
•which they have hitherto exerted for promoting His Majesty's service and the general

[Notes.] Peovixce Laws. — 1754-55. 829

welfare of his Dominions upon the Continent ; & might also disserve his Government in"
other respects.

But for what ends my Lords, is his Majesty's disallowance of this Act desired ? the
principal are to case those, who shall buy any cxciscable liquor of the Merchant in'
quantities not under 30 Gallons at a time for private consumption in their Families, from a
new imposition of being oblig'd to keep an account of what tliey consume this year, and'
perhaps to gage their casks at the end of the year and afterwards to give publick acco' of
it upon oath, if the Farmer of Excise sliall require it: The number of tljcse within the
Province from the best accounts I can get, is very small : All such who buy their liquor
of the Retailers are out of the question, as to keeping or rendering any account of the
quantity of excisealile liquors they consume in their families; the latter circumstance of
discovering the quantity of liquor consum'd at a man's private table is certainly a dis-
agreeable one and the imposition of it is new in the English Government; But where is
the necessity for having recourse to the remedy which the Town of Boston desires; if the
Act is as disagreeable to the several Towns and such an one as they represent it in their
Instructions to their Agent, the People will have their remed}" in their own hands within
seventeen weeks ; the present House of Representative will expire in that time : and they
may, if they please, choose such Representatives as will pass a Bill for repealing the Act;
in winch case there is not the least room to doubt, but that the new Council would con-
curr it and the Governor give his consent to it.

I can't avoid observing to your Lordships, the iiTCgularity of the Town's proceedings in
this case : It seems a settled maxim in Governm' as well as Law that the last remedy
ought not to be resorted to, lieforc the intermediate ones are try'd; No person can in the
first instance have recourse to the higher Court of Judicature without first Ijringing his
suit in the Inferior Court from whence an Appeal or Writ of Error lies to the Superior
one; The Town of Boston ought certainly to have, according to the ordinary coui-se and
rule of Government in like cases, petitioned the House of Represcntat"s"to be heard
against the Bill whilst it was depending there; this was what the Distillers did when the
Bill for laying the duty upon the Still head was depending in the House and the Bill was
upon their representing the mischievous consequences of it, dropp'd as is before men-
tioned ; It does not appear but that the same proceeding in the Town of Boston misht
have had the same effect, as to the Excise Bill ; The Town ought at least to have try'd this
remedy, if that had fiiil'd they would have had a better pretence to have apply'd to your
Lordships for this violent remedy from the Crown.

Petitions to his Majesty, my Lords, from the Assemblies in the Colonies against their
Governors for invading the rights or priviledgcs of the people and their appointing Agents
to prosecute them are known cases ; I3ut a single Town's appointment of a standing Agent
(which appears to be the case of the Town of Boston) at the Boards of State, to oppose
the Acts of the whole representative body of the people in conjunction with the two other
Branches of the Legislature and that in matters which don't touch their particular Fran-
chises and Interests more tlian it does those of the rest of the community is I believe of
the first impression in the King's Government.

I find my Lords in the Town's letter to their Agent, that they have wrote to several
other Towns in the Province inviting them to jom in this application ; It is verv possible
some of the fishing Towns may : I don't design to trouble your Lordships into an exami-
nation of the whole detail of the Votes, which were pass'd at the Town meeting upon the
Excise Act in question, But it may be proper for me to make some cursory remarks upon
three of them.

One of the hardships pointed out by them in the Act is, that the poor fishermen will
suffer by it : I made the same objection my Lords, in private, to some of the Members of
the House of Representatives and was answer'd that the Fishermen never purchase their
rum for the voyage, but the Owner of the Vessel constantly provides all supplies for it
and among other articles sells that of Rum to the crew at the Excise price; that for this
Reason the fishermen were never excepted out of the ordinary Excise Acts ; that there
never was a complaint made of their being burthened by being sulijected to the payment
of the Duty and that there could be no just pretence for the Owner of the Vcssell to
char'ge the fishermen more for his Rum than the Excise price now: But on the other hand
that the excepting of rum consum'd in fishing voyages out of this new Act would open a
door for frauds, without procuring any benefit to the fishermen.

Another exception pointed out in the Town's Instructions to their Agent is that this Act
will increase the number of Excise Officers which may influence Elections; Your Lord-
ships will naturally imagine from this objection that these OfHcers are appointed l)y the
Governor; But my Lords it is otherwise, the farmers of the Excise are appointed by Com-
mittees chosen by a Ballot Vote of the two Houses, to which the Governor signs liis con-
sent, so that if there is any force in the objection it makes against them, and as to the fact
itself, I can't think that the Farmers of the Excise will be under a necessity of increasing
the number of their Deputies much on account of this Act.

Another Objection is their apprehensions that the Excise mav in time be extended to
the Provisions of private Consumption as well as to Wines and" Spirituous Liquors : This
Objection holds equally strong against laying an Excise upon the same kinds of liquors
consum'd in publick Houses of Taverners, Innholders &<^; But this Excise laid upon
them hath been experienc'd many years in the Province and I dare say it never entered
into any one's thoughts to extend it to any species of provisions sold and consum'd in
those Houses and until that shall be attempted private Families have no pretence to be
apprehensive of such an Excise being laid upon their provisions.

I am afraid I have troubled your Lordships too much alreadv with a particular exami-
nation of the objections I have taken notice of, and shall not descend to the otliers men-
tion'd in the Town's Instructions to their Agent and shall only add and that from the l)cst
accounts that I can get of what the produce of this new part of the Excise will probably
amount to, I have reason my Lords, to think it will fall so short of the expectation of the
Assembly, that they will not press the Act another year, at least the disagrecalMe part of

830 Peovince Laws. — 1754-55. [Notes.]

it which is- the obliging every person to give an account of his private consumption of
Wine and Spirituous liquors not bought of any Retailer.

Upon the whole, my Lords, a ncw"Asscnil)ly must according to the Charter be chosen
next May, which will I make no question from the experience I have had of tlicm, act in
a matter of this nature, agreeable to the general sense of their Constituents whicli must at
this Election be certainly known ; If that should be to have the Act repeal'd, the Assembly
, must at the same time make provision for discharging the Debts for which the present

duty of Excise is mortgaged and for the exigencies of his Majesty's service which might
otherwise be effected by the Repeal; so that in such case no inconvenience of any kind
could attend the repealing it, whereas several most probablv would ensue upon his Majes-
ty's disallowance of it.

At all Events if the Assembly is permitted to settle this matter with their Constituents,
let it terminate either way, it seems evident that it can't hurt his Majesty's service in the
Province Init must have a tendency to promote it: and I think I can be answerable to
Your Lordships that the Rum consum'd in fishing "Voyages shall be exempted from the
payment of the duty, if the Act should be passed again another year, and as it would be
a great pleasure to me to have the Town of Boston gratified by leaving the Clause out of
the Act which subjects every person, but those who are expressly excepted out of it, to
render an account of the exeis'd liquors (not bought of Retailers) which is consumed in
their private Families and which I shall again make a point of, as far as the good of his
Majesty's service at this critical conjunctm-e will allow me, I can't but conceive strong
hopes that I shall be able to induce the Assem1)ly to do it.

But if Your Lordships shall be of opinion that at all events I should not consent to
passing the Act again with the like Clause in it and will be pleas'd to signify your direc-
■ tions to me upon it in a Letter, I shall pay the strictest obedience to them and would sub-
mit it to Your Lordship's consideration whether that might not be at this time as salutary
a method of prohibiting it's being passed again as by a standing Instruction from his
Majesty.

I am, with the highest respect,

My Lords,

Your Lordships

most humble and

most obedient Servant

W. Shiuley
The Rt. Hon'>''= Lords Commrs of Trade and Plantations— il/ass. Bay, B. T., vol. 74, H.
h. 45, in Public Record Office."

1755 Wednes- " -A-* ^ Meeting of His Maj'y'^ Commissrs for Trade and Plantations,

day April 23rd PiTsent

Earl of Halifax.
M"" Grenville. M'' Edgcumbe. M' Fane.

» * ' * •

Read a Letter from M"" Shirley Gov of the Massachusets Bay to the Board, dated
■ Janfy 12"' 1755 with his Observations upon an Excise Act passed there in Dec 1754 and
inclosing,

An Act for granting unto His Majesty an Excise upon Spirits distilled and Wine and
upon Limes, Lemons and Oranges passed the 19"' Dec 1754.

Message from the Assembl}' to the Governor relative to the Excise Act.

Ordered that the Secretary do deliver the above mention'd Act to the Clei"k of His
Majesty's Council in waiting, to be laid before His Majesty in Council.

« * * *

Dunk Halifax."
— " Trade Papers (Journals) " vol. SI, in Public Record Office.

" At the Council Chamber Whitehall, the 7"' day of May 1755

By the Right Honourable the Lords of the Committee of Council for Plantation Aflfiiirs.

Whereas the Agent of the Province of the Massachusetts Bay did deliver into the

Hands of the Clerk of the Council in waiting, An Act passed in that" Province in Decemfber

1754 for granting unto His Majesty an Excise upon Spirits distilled and Wine and upon

Limes Lemons and Oranges ; And Whereas His Majesty was pleased on the 26"' of last

month to referr the said Act to this Committee Their Lordships this day took the same

into their consideration and are hereby pleased to referr the said Act (which is hereunto
annexed) to the Lords Commissioners for Trade and Plantations to examine into the same,
and report their opinion thereupon to this Committee

W. Sharpe
J- -, By His Excellency AVilliam Shirley Esq''<= Captain General & Governor in Chief
I- J in and over His Majesty's Province of the Massachusetts Bay in New England.
I do hereby Certify that the Great and General Court or Assembly for the Province of
the Massachusetts Bay aforesaid, at this Session begun and held at Boston the twenty ninth
day of May 1754 and continued by adjournment unto Thursday the seventeenth day of
October following, made and pass'd the following Act or Law.
An Act for granting unto His Majesty an Excise upon Spirits distilled and Wine and

upon Limes, Lemons and Oranges Pass'd by the Representatives, in Council and

signed by the Governor Dccemlicr 19"' 1754 and that the Papers hereunto annexed are a
true and authentic Copy of the above mentioned Act.

In Testimony whereof I have caused the pul)lie Seal of the Province of the Massachu-
setts Bay aforesaid to be hereunto affixed ; Dated at Boston the fourteenth, day of Janu-
ary 1755 ; In the twenty eighth year of His Majesty's Reign.

W. Shirley
By his Excel^y'' Command

J. WiLLARD Secry

[Indorsed]
R ll*i> April 1755 by the Hands of M"- Bollan Agent for the said Province— 26"' D" Read

[Notes.] Peovince Laws. — 1754-55. 831

& Referred to a Committee." — " Mass. Bay, B. T.," vol. 74, H. h. 50, in Public Record
Office.

" At a Meeting of His Maj'y'^ Commrs for Trade and Plantations

Present

Earl of Halifax

M"- Oswald. Mf Pelham

Tuesday May 27«> 1755.

» » * *

Read an Order of the Lords of the Committee for Plantation Affairs dated the 7"» of
May 1755 referring to the Board an Act passed in the Province of the Massachuscts Bay in
Dec 1754, for granting unto His Majesty an Excise upon Spirits distilled and Wine and
upon Limes, Lemons and Oranges, and directing the Board to examine the same and
report their opinion thereupon.

Ordered that the said Act be taken into consideration on Tuesday the 10"" of June and
that the Secretary do give notice thereof to M'' Bollan, Agent for the Province and to M''
Kilby, Agent for the Town of Boston;

« « * *

Dunk Halifax
Tuesday June lO"* 1755
Present
Earl of Halifax
M' Grenville. M'' Oswald. M' Fane.

Read a letter from M"" Bollan Agent for the Province of the Massachusetts Bay dated the
9"' of June 1755 acquainting the Board that lie is unable to attend their Lordships this day
upon the Excise Act on account of sickness, praying their Lordships to postpone the con-
sideration of it to a further day and inclosing

His Observations on the Laws made in this Century to provide that certain Commodi-
ties produced in the Englisli Plantations shall be imported into some other English
Plantation or into this Kingdom and for that end to put those Commodities under the
same Regulations and Restrictions that Sugars, Tobacco and other goods were sub-
jected to by former Statutes.
M'' Kilby, Agent for the Town of Boston, Marblehead &<= attending with his Counsel
pursuant to the notice given him by their Lordships Orders, was called in and being
acquainted with M"^ BoIIan's request, it was ordered that the Excise Act should lie taken
into consideration on this day sennight and the Secretary was directed to give M'' Bollan
notice thereof.

Their Lordships took into consideration M'' Bollan's Observations upon the Acts of Trade
and Navigation and made some progress therein.

Dunk Halifax"
— " Trade Papers (Journals)," vol. 57, in Public Record Office.

" At a Meeting of His Mai'y^ Commrs for Trade and Plantations
Tuesday June 17"> 1755
Present
Earl of Halifax
M"" Grenville. M'' Oswald. M"" Fane.

Their Lordships took into consideration an Act passed in the Province of the Massachu-
setts Bay in Dec 1754 for granting to His Majesty an Excise upon Spirits distilled and
Wine and upon Limes, Lemons and Oranges; referred to their Lordships by the Loi-ds of
the Committee of Council for Plantation Affairs and M'' Bollan, Agent for the Province
and M'' Kilby, Agent for the Towns of Boston, Marljlehead and Gloucester with M^ For-
rester his Counsel attending without, the.y were called in, and their Lordships heard what
they had to offer for and against the Confirmation of the said Act,.and then they with-
drew. Dunk Halifax
Wednesday June 18'h 1755
(Present as above)

Their Lordships took into consideration the Act passed in the Province of the Massachu-
setts Bay in Dec 1754 for gi'anting an Excise to his Majesty mentioned in the Minutes of
yesterday and ordered the Draught of a Report thereupon to the Lords of the Committee
of Council to be prepared

» « « «

Tuesday June 24*'' 1755.
Earl of Halifax
Mf Grenville. M'"Fane.

The Draught of a Report to the Lords of the Com*ee of Council upon the Excise Act
pass'd in Mass. Bay in Dec 1754, liaving been prepared pursuant to the Minutes of the 18">
Instant was agreed to and ordered to be transcribed.

* * * m

Tuesday July l^t 1755

(Present)

Earl of Halifax.

M"" Grenville. M'' Pelham.

« « « «

The Draught of a Report to the Lords of the Committee of Council upon the Excise Act
passed at Boston in Dec<' 1754, having been transcribed pursuant to the Minutes of the 24"»
of last Month was signed " — Ibid.

" Report of Lords of Trade on an Act passed Dec. 1754.
To the Right Hon'^'<= the Lords of the Committee of His Majesty's most Hon'^'^ Privy
Council for Plantation Affairs.
My Lords,
Pursuant to Your Lordships Order dated the 7'^ of May last, We have had under our

832 Peoyixce Laws. — 1754-55. [Notes.]

Consideration an Act passed in the Province of the Massachusetts Bay in December 1754
Entitiiled,

An Act for granting unto His Majesty an Excise upon Spirits distilled and Wine and
upon Limes, Lemons and Oranges.

And having been attended Ijy M"^ Kilby, whom the Towns of Boston, Marblehead and
Gloucester within the said Province have appointed their Agent to solicit the Repeal of the
said Act, and by M'' Bollan, Agent for the Province in support of it, and heard what each
party had to offer. We beg leave to acquaint your Lordships ;

That so much of this Act as relates to the Excised Liquors sold by Tavemers, Innhold-
ers and other Retailers in quantities less than thirty Gallons to any pei'son at one time, is
conformable to the Ordinary Excise Act annually past in the said Province : That part of
it only is new, which imposes an Excise upon Rum & other Spirits and Wine brought in
larger Quantities than thirty Gallons, & consumed in private Families, which, by the
method prescribed for collecting this part of the duty, sulijects every person to render to
the Town Clerk once in a year an Account of the Quantity of Rum, and other Spirits and
Wine, consumed in his private Family ; and in case the Farmer of the Excise for that par-
ticular County shall think fit to summon him before a Justice of the Peace for that purpose,
to make oath to the truth of his account, or on fiiilure thereof to pay Ten Pounds, being of
the value Seven Pounds ten shillings sterling, to the use of the said Farmer.

On this new part of the Act the objections of the three Towns above mentioned are chiefly
founded. It has been urged on 'their behalf, that the method of collecting the Excise by
Farmers or their Deputies is grievous ; that by giving them power to administer an Oath
to every person in the Community they may harrass and perplex his Majf> '^ Subjects ; that
the multiplying oaths on trifling occasions has a tendency to lessen the sanctity of an Oath,
and contributes to the spreading of perjury That the obliging persons to expose the secrets
of their Familys, by rendring an account of their private consumption is inconsistent with
the natural rights of mankind unconstitutional and unprecedented in the English Govern-
ment.

It has abso been objected, that there being no Clause in this Act to exempt the Fisher-
men from the payment of this Excise for all spirituous liquors they may purchase at New-
foundland, Halifax, or any other port the.y may put into for supplies, altho' they should
have paid an Excise in those Govern'*, since they cannot take the Oath required by this
Act, without giving an account of the Liquors they purchased in those Provinces, and
therefore that this Act tends greatly to the discouragement of the Fishery.

On the other hand it has been urged in support of this Act that it is founded on the
principle of equality and impartiality. That the motives which induced the House of Rep-
resentatives to extend the Duty of Excise in the manner above stated wei'e, that it seem'd
just that those members of the Community, whose Estates were large enough to enable
them to buy the said Liquors of the jNIerchants in larger quantities than thirty gallons,
should pay their proportionate part of the Duty (from which under all former Excise Acts
they have been exempt) with those whose circumstances would not afford their purchasing
in so large Quantities This thej' conceived would make the tax more equal, produce a
larger revenue towards the support of His Majesty's Government and consequently lighten
the burden of the poorer sort in the other Taxes necessary to be raised for that purpose ;
That with respect to the rendring an account of private Consumption, the Legislature have
laid this burthen on themselves equally with the rest of the Community; That it is no
great hardship to give once in a year an account to the best of the party's knowledge of
Liquors purchased in large quantities, to the truth of which he is not required to make
oath, unless on cause of suspicion.

That the Fishermen never purchase their Rum for the Voyage, but the Owner of the
Vessell constantly provides all supplies for it, and among other articles, sells that of Rum
to the Crew at the Excise Price; that for this Reason the fishermen were never excepted
out of the Ordinary Excise Acts, and there never was a complaint of their being burthen'd
by being subjected to the payment of the Duty, and that there can be no just pretence for
the owner of the Vessel to charge the Fishermen more for his Rum than the Excise price
now ; But on the other hand that the excepting of Rum consum'd in fishing Voyages out
of this new Act would open a door to frauds, without procuring any benefit to tlie Fisher-
men.

It has been further alleged that the Act will expire by its own limitation in December
next, by which time the new Assembly (chosen in May last) will be fully apprized of its
effect and operation and of the sense of their Constituents upon it, and if it shall have
been found grievous and burthensome, they will not pass another Act of the like nature
but that as it has now been in force for six months and upwards the disallowance of it
must produce many bad consequences. For the poorer and middling sort of people who
buy liquors of Retailers, have already contributed to this Tax by paying the Excise price
for them and whatever sums have so accrued will be sunk either in the pockets of such
Retailers or of the Farmers of Excise, who are not obliged to pay the sum they have con-
tracted for with the publick till the end of the year; And thus the Publick will be de-
prived of the benefit of this part of the Tax ; That, if the Act be disallowed before it has
had it's full operation, the publick will also lose the whole benefit of that part of the Duty
which is laid on Exciseable Liquors purchased in larger quantities than 30 Gallons, which
is computed at about four thousand pounds Sterling, That this Sum will be sunk in the
pockets of the richer sort of people who have no reasonable pretensions to be exempted
from paying their part of the duty and the burthen of other Taxes will be thcreliy in-
creased upon the poorer sort — That in such case likewise all the Governments' Creditors
who have advanc'd any sums of money on the security of this Fund will lose their secu-
ritv, which will not only be of great detriment to the publick, as it will create a necessity
of imposing a new Tax, in order to satisfy sucb Creditors, but must give such a shock to
its Credit as may have the most fatal effects upon any future occasion of raising money
on emergencies.

Upon the whole, my Lords, as the mode of levying taxes is a matter of Provincial

[Notes.] Province Laws. — 1754-55. . 833

CEconomy of which the Representees of the People arc the Competent Judges ; And as
the Repeal of this Act would disappoint His Majesty's service, deprive the puljlick of the
benefit of the duty thereby imposed, put that part of it which has already accrued into
the private pockets of Retailers and Farmers of Excise and above all as it must neces-
sarily weaken the credit of the Province, which we conceive may, in the present conjunc-
ture, be of fatal consequence. We are humbly of opinion that the said Act should receive
His Majesty's Royal Confirmation.

We are,

My Lords,

Your Lordships

most obedient and

most humble Servants

Dunk Halifax
T. Pelham
J. Grentillb
Whitehall July !»* 1755."— " JIfas*. Bay, B. T.," vol Si, p. 312, in Public Record Office:

" Lords of Trade to Govr Shirley 6 Aug. 1755.

To William Shirley Esq's

Governor of the Massachusets Bay
Sir,

» » » «

The reasons which you offer in your letter of the 12"> of January in support of the
Excise Act, convinced us so clearly of the inexpediency of repealing it, that We thought
it our duty, after having heard what the Agents for the Province and for the Towns of
Boston, Marblehead and Gloucester had to offer upon it, to lay it before the Lords Justices
for their approbation, leaving it to the Representatives of the People, who in this case are
the best Judges of what may be for their interest & convenience, to determine on the pro-
priety or impropriety of renewing the like Tax, when the present Act shall be expired.

« « « •

So We bid you heartily farewell and are Your very loving Friends

^ and humble Servants,

Dunk Halifax. >

J. Pitt.

J. Grenville
Whttehall. August 6«» 1755 "— " Mass. Bay, B. T.," vol 84, p. 321, in Public Record Office.

"Order in Council confirming an Act passed in December 1754.

At the Council Chamber Whitehall the 12* day of August 1755.

Present

The Lords Justices 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 signified to the contrary — And whereas in pursuance of the said
Commission An Act was passed in the said Province in December 1754 Entituled as fol-
lows— Viz* : —

An Act for granting unto His Majesty an Excise upon Spirits distilled and Wine and
upon Limes, Lemons & Oranges.

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 the Lords Justices at this Board with their Opinion that the same was proper to be
approved — The Lords Justices taking the same into consideration, were pleased with the
advice of his Majesty's Privy Council to declare their approbation of the said Law And
pursuant to the Lords Justices pleasure thereupon expressed, the said Law is hereby con-
firmed, 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 themselves accordingly.

A true Copy W. Sharpe "

—Ibid., vol. 74, H. h. 54.

" A bill was brought forward by the legislature of Massachusetts for granting an excise
on wines and spirituous liquoi's ; but, meeting with great opposition, it was referred to the
consideration of the people in the several towns. The returns discovering great diversity
of opinion, the house, not viewing them as conclusive instructions, voted, that they should
not l>e considered ; and the bill was finally enacted and approved." — Holmes's Annals, vol.
2, p. 203, anno 1754.

Chap. 17. " December 30, 1754. His Excellency sent the following Message to the
House by the Secretary ;

Gentlemen of the House of Representatives

The Bill for laying an Excise upon Wines & Strong Liquors, being now passed
through the whole Legislature, I suppose I need not put you in Mind, That (how large a
Revenue soever this Act may raise for this Government) It can be no present Supply,
Unless something furthur be immediately done to procure, upon the Credit of this Fund,
such Sums of Money as will discharge the present Debt of the Province, & (as far as the
Fund itself will be sufficient) answer the furthur rising Expence for the Support of the
Government, and the Defence and Protection of the Inhabitants thereof: It will be a full

105

834- . Pkovince Laws. — 1754-55. [Notes.]

Year before one Penny of this Tax will come into the Treasury; and unless more effect-
ual Means than hitherto have been practis'd in like Cases, be used in this, It will be a
much longer Time before the Government will have any great Benefit from this Branch of
the Revenue.

Besides, Gentlemen, It seems to me to be very ill Policy to have our Treasury never
supplied, till great Debts are first contracted, and the poor Soldiers & other Creditors of
the Public are necessitated to spend a great Part of what is honestly due to them, in
Attendance, for obtaining the Payment thereof, and sometimes to sell tiieir Dues at great
Loss : And by these Means the Credit of the Government is much sunk, and the Subjects
of it more backward to serve it than they would be, if they could expect to be paid when
the Service is performed; Besides, the large Sums which are paid for the Interest of the
Money should put us upon more expedite and frugal Ways of raising the Taxes of all
Kinds than any which hitherto have been practic'd.

And I would furthuradd on this Head, that I think it would be a great Point of Wisdom
in this Government, especially in the present Conjuncture of our Aft'airs, always to have a
Surplusage in the Treasury beyond what will fully discharge the Debts already contracted,
and the stated Accruing Expence of Government in its Circumstances, as estimated when
the Provision is made, that so in the Pv.ecess of the Coui-t there may be no Difficulty to
draw out such Sum, as may answer any Exigency of Government; lest otherwise irrepa-
rable Damage should accrue to the Publick.

And therefore, Gentlemen, I must earnestly desire you would look into the State of the
Treasury and get as much Knowledge as you can of the Sum of the Debts owing from the
Government, and do your part for making a full & speedy supply for the Paynient of the
publick Debts, and for the Support of the Government, and the Protection & Defence of
the Inhabitants." — Council Records, vol. XX., p. 361.

Chap. 18. " January 8, 1755. This Day the two Houses proceeded to the Election of a
Commissioner over the Duty of the Stamps, agreable to an Act passed this Session for
granting unto his Majesty several Duties upon Vellum, Parchment & Paper &c<', And M'
James Russell being duly elected by a Major Vote of the Council & House of Represent-
atives, to be Commissioner of the Duties on Stamps upon Vellum Parchment & Paper;—
His Excellency signed his Consent to said Election." — Council Records, vol. XX., p. 372,

" 14th of March, 1755. The Secretary having by Order of the Board prepared the
Draught of a Proclamation for setting forth the Stamps to be impressed upon the Instru-
ments, Writings, &ca taxed by the General Court, in an Act entitled an Act for granting
to his Majesty several Duties upon Vellum, Parchment & Paper for four Years towards
defreying the Charges. of this Government. The said Proclamation was read & approved
of, & thereupon Advised that His Excellency issue said Proclamation accordingly." —
Executive Records of the Council, vol. 2, p. 392.

"By His Excellency William Shirley Esq« Capt° General & Gov in Chief in &
over his Maj'J's Province of the Mass's gay in New England.

A Proclamation.

Whereas the Great & Gen' Court or Assembly of the Province afores'' did at their Ses-
sion held by Adjournm' on the 17'^ of Octo"" last, pass an Act, entitled, An Act for granting
unto his Majesty sev' Duties upon Vellum, Parchm' & Paper towards defraying the
Charges of this Gov'; Wherein (among other things) it is enacted. That the Comm'' of the
Stamps, (an Officer appointed by the Gen' Court for receiving the Duties in the s"! Acf
granted) shall be provided with Four different Marks or Stamps, which s<i Marks & Stamps
are to be published ))y Proclamation.

I have therefore thought fit, with the Advice of his Maj'y'^ Council, hei-eby to inform all
Persons, That the Marks or Stamps of the sev' things subjected to the Duties in the s'' Act
will be as follows ;

For all such Vellum, Parchm* or Paper, whereon shall be engross'd or written any
Charter Party, Policy of Assurance or Protest, or any Bill of Lading or Receipt for Money
or any kind of Wares or Merchandize that shall be laden on board any Ship or Vessel, or
any Certificate under the Province Seal, or the Seal of any Notary Pul)lick, or any Regis-
ter of a Ship or other Vessel, or any Warrant Monition or Decree of the Court of Vice
Admiralty, or any Deed of Mortgage of any Real Estate, the Consideration whereof shall
be Twenty Pounds or more, or any Bill of Sale of any Ship or Vessel, or any Part of one
shall be written (the Duty whereof is four Pence for each lustrum' or Paper) the Device
of the Stamp will be a Schooner under Sail, and a Motto on the Ring round it, the
Words, Steady, Steady, as in the Margin.

For all such Vellum, Parchm' or Paper whereon shall be engross'd or written any
Capias, Original Summons, or any Writt of Review, or any Writt of Scire Facias, or any
Writ of Execution that shall be issued out of the Clerk's Office or pass the Seal of the Sup''
Court of Jud'' Court of Assize &c : or any of the Inf' Courts of Common Pleas within the
Province, or any Bill of Sale for Servants of any Sort (the Duty whereof is Three Pence
for each Instrument or Paper) the Divice of the Stamp will be a Pine Tree, & the Motto
on the Ring round it, the Words, Province of the Massachusetts, as in the Margin.

For every Peice of Vellum, Parchm' or Paper whereon shall bo engross'd or written any
Capias Original Summons or Execution from any Justice of the Peace, or any Deed or
Mortgage of any real Estate, the Consideration whereof shall be less than Twenty Pounds,
or any Bond or Obligation (these taken in the Probate Office excepted) or other Sealed lu-
strum' (the Duty whereof is Two Pence for each lustrum' or Paper) the Device will be a
Cod Fish with a Motto in the Ring in these Words, Staple of the Massachusetts, as in the
Margin.

For every Peice of Vellum, Parchm' or Paper, on w<=h any News Paper shall be printed
(the Duty whereof is One Half Penny each) the Device will be a Bird, & in the Ring
round it, the Words Half Penney, as in the Margin. And all Persons are hereby
further informed, that the Commiss"' of the Stamps will keep his Office in the Town of

[Notes.] Province Laws. — 1754-55. 835

Boston, & will he furnished with Vellum, Parchmt & Paper mark'd or stamp'd for the
purposes in said Act mentioned ; and that none of the Instrum'^ or Writings, w<=i' by said
Act are sulijected to anv of the Duties therein mentioned, will be deemed pood or avail-
al)le in Law after the thirtieth day of April next, w':'' shall not be mark'd or stamp'd in
manner as aforesaid.

Given at the Council chamber in Boston the fourteenth day of March 17o5, in the 28th
Year of Our Sovereign Lord George the Second by the Grace of God of Great Britain,
• France Si. Ireland King, Dcf>- of the Faith &C''.

By His Excellency's Command, W. Shirley.

with the Advice of the Council,
J. WiLLARD Seciy. God save the King." — Records of Civil Com-

missions; in the office of the Secretary of the Commonwealth, vol. 2, p. 2GL

Chap. 20. It will be seen in the following communication to Silliman's Journal, by the
distinguished botanist, Dr. Asa Gray of Cambridge, that the sagacity of the promoters of
this measure is fully vindicated by the later researches of European cryptogamists :—

" The effect of barberry-lmshes in rusting wheat, after having been long accounted a
groundless popular superstition, is at length understood and admitted by the cryptogam-
ists. The botanists used to rebut the charges of the farmers by the statement that the rust
in the grain-fields and the prevalent fungus of the barberry belonged to very different
genera, and that, therefore, the one could not give origin to the other. But De Bary in
Germany, and CErsted in Denmark, following up similar enquiries by Tulasne in France,
have concluded that Vredo, Pticcinia and JEcidium are to be regarded, not as so many
genera, but as three successive forms of fructification of the same fungus, or, in some sort,
an alternation of generations. De Bary ascertained that the spores of Pucci?iia graminis
do not germinate when sprinkled on the leaves and stalks of the cereal grains, which
this rust infests, while they will germinate on the leaves of the barberry, and there give
rise to the yEcidium berberidis ; and the spores of this are equally inert upon the liarbcrry,
but will grow, in their turn, upon wheat, and there reproduce first the LVerfo, or yellow
rust, andlater the Puccinia graminis, or dark rust. Another species of Puccinia equally
produces its yEcidium upon buckthorn ; another alternates between the cereal grains and
certain boragineous weeds. These results have been practically tested, in the large way,
last summer [1869] in France. Long hedges of barberry planted along the Paris and
Lyons railway, in a commune in the Cote d'Or, were complained of by the adj:icent culti-
vators, and were cutaway at certain places by way of experiment; and an investigation
by the railroad company, whose interests were adverse to such a decision, left no doubt of
the injurious effects of the barberry on the contiguous wheat-fields." — American Journal of
Science and the Arts, vol. 49, 1870, p. 406 (No. CXLVIL, 2d series).

The French account referred to is in " Bulletin de la Societi Botanique de France," torn.
16, jap. 331-333.

Chap. 2\. " November 6, 1754. A Petition of Thomas Brown, Samuel Porter & others,
Proprietors of a Tract of Land situate in the Towns of Ipswich &,Wenham, commonly
called Wenhani gretrt Swamp, Praying that for the promoting of the Growth of the young
Wood there, & other Advantages, this Court would order that the Proprietors do enclose
& fence in the same, at the Charge of the Propriety within such Bounds, as arc particu-
larly mentioned in the Petition

In the House of Representatives ; Read & Ordered that the Petitioners serve the whole
of the Proprietors of the Lands mentioned in the said Petition by posting up the Sub-
stance thereof in some publick Place in the Town of Wenham, and Ipswich Hamlet, that
any concerned may show Cause on the nineteenth Instant, if the Court be then sitting; if
not, on the first Tuesday of the next sitting of the Court, why the Prayer thereof should
not be granted.

In Council Read & Conenr'd." — Council Records, vol. XX., p. 310.

" November 25, 1754. On the Petition of Thomas Brown & others, Inhabitants of
Ipswich & Wenham, Entcr'd Nov"' 6.

In Council ; Read again and it Appearing that the Proprietors of the Land within men-
tioned have been notified agrcable to Order, but no Answer given in ; Voted that the

Prayer of the Petition be granted ; And the Petitioners are allowed to bring in a Bill
accordingly. In the House of Representatives, Read & Concur'd; " — Ibid., p. 338.

Chap. 23. " November 21, 1754. His Excellency sent the following Message by the
Secretary to the House of Representatives,

Gentlemen of the House of Representatives ; — It is proper that I should acquaint you
that Major General Winslow, to whom I gave the Chief Command in the late Expedition
to the Eastward, is so situated in His Majesty's Service, that it would be improper for him
to be made up in the Roll of Pay with the Ofhcers of the Regiment ; His good Conduct and
indefatigable Vigilance in that Post are so well known to you, that I doubt not you will
think tiiey claim a suitable Recompence for his Services : I must therefore recommend it
to you to make him such an Acknowledgment for them as will at the same time be for the
Honour of the Province, and the Encouragement of Gentlemen of Aliility to serve it, to
enter into its Service upon future Occasions with the same Spirit & Zeal which he did." —
Council Records, vol. XX., p. 332.

" December .5'^ 1754. A Petition of John Winslow Esq'' Commander in Chief of the
Forces lately in the Service of this Province Eastward * * • *

In the House of Representatives, Read & Ordered that the Prayer of the Petition be
granted, and that the Blankets, Knapsacks & Bandileers delivered the Officers and Soldiers
employed in the late Service at the Eastward under the Command of Major General
Winslow, be given to the said Officers & Soldiers gratis : And the Commissary General
is hereby directed not to charge the said Articles in their particular accounts; In Council; .
Read & Concur'd ;— Consented to by the Governour." — Ibid., pp. 342-3,

836 Province Laws.— 1754-55. [Notes.]

" January 8, 1755. In the House of Representatives ; The House having taken under
Consideration his Excellency's Message of the 21st of November last,

Ordered that there be allowed & paid out of the publick Treasury to Major General
Winslow the Sum of One hundred & thirty Pounds in full for his Services as Chief Com-
mander of the Forces sent last Summer up Kennelieck River for building a Fort there ;

In Council; Read & Concnr'd;— Consented to by the Governour." — Ibid., p. 371.

" December 20, 1754. His Excellency sent the following Message to the House by the
Secretary,

Gentlemen of the House of Representatives,

"Whilst your Attention was closely employed in providing a Supply for the Treasury, I
would not divert it from the publick Business by moving any Matters to you which
concerned my own private Interest; But I hope it may not now be an improper Time to
move you take under your Consideration my late Services upon the River Kenncbeck, and
in the Eastern Parts of the Pi-ovince, and to make me an adequate Grant for them." —
Ibid., p. 352.

" December 21, 1754. In the House of Representatives, Ordered that the Sum of Two
hundred & fifty Pounds be granted and paid out of the publick Treasury to His Excellency
■William Shirley Esq"" Captain General and Governour of this Province, in full Considera-
tion of his Services in the Eastern Parts of the Province in the Summer past.

In Council; Read & Concur'd; Consented to by the Governour." — Ibtd.,p. 354.

" Your Excellency is sensible of the very great Difficulties we ai-e under, & that it has
not been yet in our Power to borrow Moneys sufficient to pay the great Cost of the late
Expedition to Kenncbeck : When the Charges of Government exceed what the People are
able annually to pay, we know of no other Wav of paying the Surplus, but by borrowing
Money or Issuing Bills of Credit : The latter Method has been attended with such mis-
chievous Consequences that nothing but the last Extremity can induce Us to agree to it."
— Fro77i answer prepared by a committee of both branches, to the Governor's speech, Feb. 15,
1755: ibid., p. 400.

See, also, 1753-54, chap. 40, and 1754-55, chap. 9, ante, and notes to those chapters.

Chap. 24. This act is printed, in the old editions, as of the March session ; but it clearly
appears, both in the record and on the engrossment, to have been signed the last day of
the February (thirdj session.

Chap. 26. " January 19, 1754. A Petition of John Franklyn and others, Shewing that
they have been at great Expence for Introducing forrcign Protestants and Settling them
within this Province, for the Carrying on several Manufactures useful to the Pul)lick and
among other things they have at great Charge set up the making of Potash which they
apprehend will be of great Service to the Province; Therefore Praying for Encour-
agement from this Court either by Granting them a Sum of Money, or otherwise as this
Court shall judge best

In the House of Representatives ; Read and Voted, that there be and hereby is granted
to the said John Franklvn and Company Fifteen hundred Acres of Land to be laid out in
the Unappropriated Lands of the Province adjoining to some Town or District, in a regu-
lar Form, Ijy a Skillful Survey and Chainmen on Oath and that they return a Plan
thereof to tliis Court within Three Years for Confirmation, Provided the said Franklin &
Company their Heirs and Assigns do carry on the several Manufactures which the said
Company are now engacred in at German Town for the space of seven Years at least from
this time; Otherwise'the said Lands to revert to the Government. And as a further
Encouragement to the said Franklin and Company, That the Captain General be desired
to exempt twelve of the Work Men, Such as said Company shall chuse, from Military
Duties, so long as the said Manufiictory shall be carried on, and that the said twelve Men
be excused from Serving as Tithing men. Constables, Grand Jurors and Petit Jurors and
Working at High Ways", and be freed from all Taxes, except Ministerial, so long as said
Manufactories shall be carried on : „ t, • , , ^r^

In Council ; Read and Concur'd; Consented to by the Governor. —Ibid., p. 169.

" November 16, 1754. A Memorial of Thomas Stevens shewing that, upon Encourage-
ment from Great Britain, he has set up the Manufacture of Potash within this Provmce,
which may be of great Benefit to the Province in general, and therefore praymg that a
Law may be made to prevent any Potash or Pearl Ash from being exported than what is
good & Merchantable, and that Assay Masters may be appointed for surveymg such Pot-

In Council ; Read and Ordered that Samuel Danforth, & Joseph Pynchon Esq" with
such as the Hon^o House shall join, be a Committee to take this Memorial under Consid-
eration, and report what they judge proper for this Court to do thereon as soon as

In the House of Representatives, Read & Concur'd, and Col" Brattle, Capt Ashley and
Judge Russell are joined in the Affdir."— Ibid., p. 327.

" January 9, 1755. A Petition of John Franklyn & Isaac Winslow & Company, shew-
ing that they have procured the Fifteen hundred Acres of Land granted to them by the
General Court for encouraging the Manuf;icture of Potash, to be laid out, a Plan whereof
is herewith presented, including about Sixty four Acres more, which considering their
Losses & Disappointments, they pray the whole may be confirmed to them.

Which Land bounds South on the North Line of Sheffield, West on the East Line of
Stockbridse partly, & partly on Land formerly belonging to Col" Ephraim Williams Deed
North, partly on said Land & partly on Capt. John Larrabees Land, & partly on Province
Land, East on Province Lands ; The first Bound is the Northwest Corner of Sheffield on
Stockbridge Line, Thence North 7" 45>J- East, One hundred & twenty Rods to said Land,
formerly Col" Ephraim William's Dec<3 Thence East 1" 45^- South, One hundred & ten
Rods, Thence North 44 Dcg. East, Four hundred & eighty Rods to said dipt John Larra-
bees Land; Thence East 7D-45M- South, Two hundred & forty Rods to the South East

[Notes.] Province Laws. — 1754-55. 837

Comer thereof; thence the same Course Fourteen Rods ; thence South 7^- 45^- "West, Five
hundred & ten Rods to Sheffield Line ; Thence Seven hundred and four Rods on Sheffield
Line to tlie first Boiyid. In the House of Representatives ; Read & Ordered that the
Pra.yer of the Petition be so far granted, as that the Plan mentioned in the Petition, be &
hereby is Accepted, and that the Lands therein delineated & described, Includin;rtlie Sixty
three Acres & forty Rods laid down on the East Side of said Plan, be confirmed to the
Petitioners & Company their Heirs & Assigns forever; Provided the whole contain no
More than Fifteen hundred & Sixty three Acres & forty Rods, and does not interfere with
any former Grant, Provided also that the said Petitioners & Company be at the Charge
of obtaining the Indian Title to said Lands ; In Council ; Read & Concur'd ; — Consented
to by the Governour." — Ibid., p. 375.

Chap. 27. " February 10, 1755. In the House of Representatives ; Voted that the Im-
post Officer and his Deputies for and during the Term of Twelve Weeks, be & hereby are
impowercd & directed to demand from the Master of any Vessel!, which shall clear out
from any Port within this Province, an account, upon Oath, of all Provisions & Warlike
Stores, laden or intended to be laden, on board such Vessel before her Sailing, And
whensoever it shall appear to the said Officer or Deputy, that any Vcssell has on board,
or that there is intended to be laden on board any Vessell more Provisions or Warlike
Stores than is necessary for the victualling and Defence of such Vessell on her proposed
Voyage, said Officer shall require the Master of such Vessell to give Bond with Sureties,
in the Penalty of One Thousand Pounds Sterling, That all such Pi-ovisions & Stores of
War shall be landed in some Port within his Majesty's Dominions, & Certificate returned
from the Chief Officer of the Customs of such Port, or if it be at a Port where thei-e is no
Officer of the Customs, then from the Chief Magistrate, That all such Provisions & Stores
of War have been landed accordingly. And His Excellency, the Govern'' is desired to
give Orders that no Vessel having Provisions & Warlike Stores on board as aforesaid be
cleared at the Naval Office, untill Bond shall have been given as above directed ; And that
any Vessell already cleared out and suspected to have any Quantity of Provisions or
Warlike Stores on board be detained untill Security be given as aforesaid ; And that His
Excellency be likewise desired as soon as he shall think proper to acquaint his Majesty's
several Governours on the Continent with this Order, and desire that the like Care may
be taken within the several Governments. In Council ; Read & Concur'd ; — Consented
to by the Governour." — Ibid., p. 392.

" February 12, 1755. In the House of Representatives ; Ordered that the Impost Officer,
in taking Bonds to prevent the Exportation of Provisions &c'', according to the Resolve
of this Court of Saturday last, be directed to exempt Cod Fish, exported to Europe;
And it is accordingly Voted that all Persons have free Liberty to export Fish as aforesaid,
said Order notwithstanding.

In Council ; Read & Concur'd ; — Consented to by the Governour." — Ibid., p. 394.

" February 15, 1755. In the House of Representatives ; Voted that His Excellency the
Governour be desired to lay a general Embargo on the Shipping within this Province for
the space of one Month, from this Day; And that no Ship, Sloop or other Vessell be per-
mitted to proceed to Sea, unless the Master or Owner fully satisfy His Excellency that
there will be no supply made by such Vessel of Provisions, Arms or Ammunition to any
of the French Kings Sulijects in America, nor any Intelligence given thereby of the pres-
ent Militaiy Proceedings of this and the adjacent Governments; and also that His Excel-
lency be desired to move the Neighboring Colonies to come into the same Measures.

In Council ; Read & Concur'd; Consented to by the Governour," — Ibid., p. 399.

"February 15, 1755. In the House of Representatives; Voted that His Excellency the
Captain General be desired further to extend the Embargo on Fishing Vessells that go to
the Banks untill the fifteenth of March next;

In Council ; Read & Concur'd ; Consented to by the Governour." — Ibid.

"Febry 21, 1755. A Petition of Jacob Fowle aiid Robert Hooper Esq''^ and a great
Number of Others, Inhalntants of Marblehcad, setting forth the great Inconvenience and
Damage to the Fishing Interest there, to have the Embargo extended to the fifteenth of
March, praying that, as to the Fishery it may be limitted to the first of March. In the
House of Representatives; Read & Thereupon Voted that His Excellency the Captain
General be desired to take off the Embargo from Fishing Vessells upon the first of March
next. In Council ; Read & Concur'd ; — Consented to by the Govern'." — Ibid., p. 414.

" 223 of February, 1755. The Secretary having by His Excellency's Order prepared a
Draught of a Proclamation for an Embargo for stopping all Ships & other Vessells from
sailing out of any of the Harbours of this Province with the Time limitted. The Same
being read & considered was approved of; And Advised that His Excellency issue the
said Proclamation accordingly." — Executive Records of the Comicil, vol. 2, p. 385.

" Proclamation for an Embargo.
By His Excellency AVilmam Shirley Esa" Capt" General & Gov in Chief in &
over his Maj'y^ Province of the Massachusetts Bay in New England.

A Proclamation

It appearing to me to be necessary for his Majestys Service that a Restraint should be
laid upon such Vessels as are now outward bound, from the several Ports of this
Province,

I do therefore with the Advice of his Majesty's Council, & at the desire of the House of
Represent"s hereby strictly forbid all Owners & Masters of all whaling & other Fishing
Vessels that may be outward bound to suffer such Vessels to depart, untill the first day of
March next: And all Owners & Masters of All other outward bound Ships or Vessels to
suffer such Vessels to sail or depart untill the fifteenth day of March next (Coasting Ves-
sels from one Part of this Province to another excepted) without express Leave by me,
granted for that Purpose, upon Pain of incurring the Penalty of One hundi-ed Pounds

838 Province Laws. — 1754-55. [Notes.]

imposed by Law ; as well upon the Owners as Master of each Vessel that shall so sail or
depart. And all Persons concerned, are to take Notice hereof, & govern themselves
accordingly. t

Given at Boston the twenty second day of Feb>' 1755, in the 28'h Year of the Reign of
Our Sovereign Lord George the 2'' bv the Grace of God of Gt. Britain, France & Ireland
King, Def- ofjhe Faith Sc'c^

By his Excy's Command W. Shirley.

J. WiLLARD Secry. God savc the King." — Records of Civil Commis-

sions; in Secretary's Office, vol. 1,p. 258.

" March 25, 1755. As the Embargo I laid on the Shipping of this Province at your Desire
has been out for some Days I must recommend it to you, to consider what may be further
necessary to prevent any Supplies being carried to the French ; In doing which you will
act the same Part that all the other Governments have done upon this great Occasion." —
Extract from, the speech of the Governor to both Houses : Council Records, vol. XX., p.
425.

"March 26, 1755. In the House of Representatives; Voted that His Excellency be
desired to write to the Conmmnders of His Majesty's Ships of War in Newfoundland to
refrain, as much as in them lies, the Exportation of any Provisions to the French Settle-
ments in America, and to acquaint them with the Resolutions of this & the Neighbouring
Governments on that Head. In Council ; Read & Concur'd." — Ibid., p. 426.

" April 28, 1755. A Petition of Samuel Hews & Son of Boston Merchants, shewing
that the}' have on board their Vessel bound to Suranam, a Quantity of Provisions, & for
as raiich as the Transporting of Provision thither does not cross the true Design of the
Government in restraining the Exportation of Provisions, therefore Praying for Libcrtj'
fi'om this Court that their Vessel may sail to Suranam with tlie said Provisions.

In Council ; Read & Ordered that the Prayer of the within Petition be granted, and
that the Petitioner have Leave to export the Provisions within mentioned to Surinam,
they giving Bond to the Impost Officer to land them there, and to return a Certificate

thereof under the hand of the Principal Officer of the Customs at said Surinam;

In the House of Representatives Read & Concur'd. Consented to by the Lieuten' Gov-

ernour." — Ibid., p. 447.

Chap. 31. " To his Excellency William Shirley Esq"" Cap* Gen' & Comander in chief
of his Majestys Province of the Mass** Bay &C'^ The Hon'^'e his Majesties Councill & the
Hon'^i House of Representatives, In Gen" Court Assembled Aprill 5. 1756.

The Memoriall of the Selectmen of Danvers Humbly Shews —

That whereas there is a Salt River or Cove, in s<^ Danvers, runing between the Lands
of Capt. Samuel Endecott on y" North & the Lands of the North Field (so called) on y^
South, in which y« Inhabitants used to Catch Shad, & some few other Sorts of Fish, which
was very Convenient and advantagious to them to Eat fresh but now by a Late law of s^
Pi'ovince they are Debar'd from taking any of s'' Fish ; And also Whereas, there is no
fresh water, or pond att y Head of s'' River, for s'^ fish to Spawn in, Save only a small
Brook, which Terminates in about one Hundred Rods from the Salt Water.

Wherefore 3'our Memorialists Humbly Pray that y Excclb' & Hon''s would give Lib-
erty to s<i Inhabitants to take sd Fish with a Seine or Ware, three or four Days in a month
or otherwise as to y Excellency & Hon''s shall seem meet & as in duty bound shall ever
pray.
' Daniel Epes Jun' ") om„^(..v.««

James Prince I Selectmen

CORNELirS Tareell (t\ „ „ »

Daniel Marble J D'^n^ers.
— Mass. State Archives, vol. 87, no. 429.

" April 13, 1756. A Petition of the Inhabitants of the District of Danvers by their
Select McH setting forth their great Dependence upon the Fish that might be taken within
their Bounds, Init they apprehend the late Law referring to the taking Fish in Seins
forbids their taking them in the proper Season, Praying for Liberty to take Fish in Seins
Three or -Four days in a month or be otherwise releived as this Court shall judge meet, —

In the House of Representatives; Read and Whereas it is apprehended by this House
that the Cove in the Memorial mentioned is not included in the design of the Law referred
to therein— Therefore,

Voted, That the Inhabitants of said District be & hereby are allowed with the Consent
of their Select Men to make use of said Cove to their best Advantage.

In Council ; read & Concurd — Consented to by the Governour" — Council Records, vol.
XXL, p. 158.

Chap. 34. " You must be sensible, Gentlemen, How much the success of this Expedition
will depend on its being kept secret from the French : It is for this Reason that 1 have de-
layed beginning to enlist the Men untill six Weeks before it is proposed they should
embark for the Bay of Funda ; which I hope may be a sufficient Time for compleating the
Levies and all Preparations for their Imbarkation ; In the mean Time such Preparations
have been making as were consistent with the Privacy requisite in the Case * * * *

It is prudent that as little should transpire of this Design, as is possible; For which Rea-
son, I doubt not but you will take the same Measures for binding your sevei'al Members
to Secrecy as was done in the Expedition against Louisbourgh." — From the Governor's
speech to both Tlouses, Feb. 7, 1755 : Council Records, vol. XX., pp. 391-2.

"February 15, 1755. In the House of Representatives ; Voted that His Excellency the
Captain General be desired, as soon as may l)c to give Orders that all the Subjects of the
French King within this Province be forthwith confined, and that Jlis Excellency be
desired to write to the Neighbouring Governments to do the like within their respective
Governments.

In Council ; Read & Concur'd ; Consented to by the Governom."— Ibid., pp. 398-9.

ACTS,

Passed i 755-56.

[839]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-eighth day of May, A. D. 1755.

CHAPTER 1.

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING.

Whereas in and by an act of this province, pass'd at their session
in October, one thousand seven hundred and fifty-four, the province
■treasurer was impowered to borrow a sum not exceeding six thousand
pounds ; and by another act at their session in January, one thousand
seven hundred and fifty-five, another sum not exceeding twenty-three
thousand pounds, in Spanish mill'd dollars of full weight, at six shil-
lings apeice, or silver at six shillings and eightpence per ounce, for the
discharge of the debts of this province ; and, by said act, the treasurer
•was ordered to give his receipts or obligations to the lenders to repay
the money so borrowed ; and in order to enable the treasurer to dis-
charge the receipts and obligations that should by him be given for the
said sum, in pursuance of the afore-mentioned acts, it was therein pro-
vided, that the duty of impost for the year one thousand seven hundred
and fifty-five, should be applied towards discharging said receipts and
obligations, —

We, his majesty's most loyal and dutiful subjects, the representatives
of the province of the Massachusetts Bay, in New England, being desir-
ous of enabling the treasurer to discharge the receipts and obligations
aforesaid, have chearfully and unanimously given and granted, and do
hereby give and grant, to his most excellent majesty, to the end and use
aforesaid, and 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 Governour, Council and House
of Representatives y

[Sect. 1.] That from and after the twenty-sixth day of June current,
and during the space of eight months, there shall be paid by the importers
of all wines, liquors, goods, wares and merchandizes that shall be imported
into this province by any of the inhabitants thereof (salt, cotton-wool,
pig-iron, mehogany, black-walnut, lignum-vitge, red-cedar, braziletto-
and logwood, provisions, and every other thing of the growth and
produce of his majesty's colonies and provinces upon this continent,
tobacco excepted, and also all prize goods condemned in any part of
this province, excepted), the several rates and duties of imposts follow-
ing; viz'.,—

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

For every pipe of Maderia, one pound six shillings and eightpence.
106 [841]

842 Province Laws.— 1755-56. [Chap. 1.]

For every pipe of other sorts not mentioned, fifteen shillings.

For ever}' hogshead of rum, containing one hundred gallons, thirteen
shillings and fourpence.

For every hogshead of sugar, fourpence.

For every hogshead of molasses, fourpence.

For every hogshead of tobacco, ten shillings.
— And so, proportionably, for greater or less quantities.

And all other commodities, goods or merchandize not mentioned or
excepted, fourpence for every twenty shillings value : all goods the
product or manufacture of Great Britain, also raw hemp and hogshead-
and barrell-staves and heading from any of his majesty's colonies and
provinces on this continent, excepted.

[Sect. 2.] And for any of the above wines, liquors, goods, wares
and merchandize, &c^, that shall be imported into this province by any
of the inhabitants of the other provinces and colonies on this continent,
or of the English West-India Islands, or in any ship or vessell to them
belonging, on the proper accompt of any of the said inhabitants of the
other provinces or colonies on this continent, or of the inhabitants
of any of the West-India Islands, there shall be paid by the importers
double the impost appointed by this act to be received for every species
above mentioned : provided always, that all hogshead- and barrell-staves
and heading from any of his majesty's provinces or colonies, all provi-
sions and other things that are the growth of his majesty's colonies
and provinces upon this continent (tobacco excepted), all salt, cotton-
wool and pig-iron, mohogany, black-walnut, lignum-vitoe, red-cedar, log-
wood and brazilletto-wood, and hemp, are and shall be exempted from
every the rates and duties aforesaid.

And be it further enacted,

[Sect. 3.] That all goods, wares and merchandize, the property of
any of the inhabitants of any the neighbouring provinces or colonies on
this continent, that shall be imported into this province, and shall
have paid, or secured to be paid, the duty of impost, by this act pro-
vided to be paid, and afterwards shall be exported and landed in any
of the said provinces or colonies on this continent, then, and in such
case, the exporter producing a certificate from some officer of his majes-
ty's customs, that the same have been landed in some of the provinces
or colonies aforesaid, such exporter shall be allowed a drawback of the
whole duty of impost by him paid, or secured to be paid, as by this act
provided.

And be it further enacted,

[Sect. 4.] That the impost rates and duties aforesaid shall be
paid in current lawfull money 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 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
vessell, doth exceed six pounds ; and in cases where the commissioner
or receiver shall give credit, he shall ballance and settle his accounts
with every person on or before the last day of April, so that the same
accounts may be ready to be produced in 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 every other single entry to what value
soever.

And be it further enacted,

[Sect. 5.] That the master of every ship or vessell coming into
this province from any other place, shall, within twenty-four hours after

[1st Sess.] Province Laws.— 1755-56. 843

his arrival in any port or harbour, and before bulk is broken, make
report and deliver a manifest, in writing, under his hand, to the commis-
sioner aforesaid, of tlie contents of the loading of such ship or ves-
sell, therein particularly expressing the species, kind and quantities of «
all the wines, liquors, goods, wares and merchandize imported in such
ship or vessell, with the marks and numbers thereof, and to whom
the same are consigned ; and make oath before the commissioner that
the same manifest contains a just and true account of all the lading
taken on board and imported in such ship or vessell, so far as he knows
or beleives ; and that if he knows of any more wines, liquors, goods,
wares or merchandize laden on board such ship or vessell, and imported
therein, he will forthwith make report thereof to the commissioner afore-
said, and cause the same to be added to his manifest.

And be it further enacted,

[Sect. 6.] That if the master of any ship or vessell shall break
bulk, or suffer any of the wines, liquors, goods, or wares and merchandize
imported in such ship or vessell to be unloaden before report and entry
thereof be made as aforesaid, he shall forfiet the sum of one hundred
pounds.

And be it further enacted,

[Sect. 7.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or duties aforesaid are payable,
or having the same consigned to them, shall make a like entry thereof
with the commissioner aforesaid, and produce an invoice of all such
goods as pay ad valorem, and make oath before him in form following ;
viz'., —

You, A. B., do swear that the entry of the goods and merchandize by you
now made, exhibits the sterling value of said goods, and that, bona jide,
according to your best skill and judgment, it is not less than that value.
So help you God.

— which oath the commissioner or receiver is hereby impowered and
directed to administer ; and the owners aforesaid shall pay or give secu-
rity to pay the duty of impost b}' this act required, before such wines,
liquors, goods, wares or merchandize be landed or taken out of the
vessell in which the same shall be imported.

[Sect. 8.] 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 only,
and that after sunrise and before sunset, unless in the presence or
with the consent of the commissioner or receiver, on pain of forfieting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessell out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 9.] And if any person or persons shall not have and produce
an invoice of the quantities of rum or liquors to him or them con-
signed, then the cask wherein the same is, shall be gauged at the
charge of the importer, that the contents thereof may be known.

And be it further enacted,

[Sect. 10.] That the importer of all wines, liquors, goods, wares and
merchandize, within eight montlis from and after the publication of this
act, by land-carriage, or in small vessells or boats, shall make report
and deliver a manifest thereof to the commissioner aforesaid or his
deput}^ therein particularly expressing the species, kind and quantity of
all such wines, liquors, goods, wares and merchandize so imported, with
the marks and numbers thereof, when, how and by whom brought ; and
shall make oath, before the said commissioner or his deputy, to the truth

8M Peovince Laws.— 1755-56. [Chap. 1.]

of such report and manifest, and shall also pay or secure to be paid the
several duties aforesaid by this act charged and chargeable upon such
wines, liquors, goods, wares and merchandizes, before the same are
landed, housed or put into any store or place whatever.

And be it farther enacted,

[Sect. 11.] That every merchant or other person importing any wines
in this province, shall be allowed twelve per cent for leakage : pro-
vided, such wines shall not have been filled up on board ; and that
ever^' hogshead, butt or pipe of wine that hath two-thirds thereof leaked
out, shall be accounted for outs, and the merchant or importer to paj"-
no duty for the same. And no master of any ship or vessell 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 ibr-
fieting the sum of one hundred pounds.

[Sect. 12.] And if it may be made to appear that any wines im-
ported in any ship or vessell be decayed at the time of unloading thereof,
or in twenty daj-s afterwards, oath being made before the commis-
sioner 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 he it further enacted,

[Sect. 13.] That the master of every ship or vessell importing any
liquors, wines, goods, wares or merchandize, shall be liable to and
pay the impost for such and so much thereof, contained in his manifest,
as shall not be duly entered, nor the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consigned. And it shall and may be lawful, to and for
the master of every ship or other vessell, to secure and detain in his
hands, at the owner's risque, all such wines, liquors, goods, wares and
merchandize imported in any ship or vessell, untill he receives a cer-
tificate, from the commissioner or the 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 and merchandizes 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 or secured
to be paid ; and then to deliver such wines, liquors, goods, wares or
merchandize as such master shall direct.

And he it further enacted,

[Sect. 14.] 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 vessell, for the impost or duty of 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 therefor not paid or secured
to be paid. And where any goods, wares or merchandize are such 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 he it further enacted, *

[Sect. 15.] That the ship or vessell, with her tackle, apparel and
furniture, the master of which shall make default in an^'thing by this
act required to be performed by him, shall be liable to answer and make

[1st Sess.] Province Laws. — 1755-56. 845

good the sum or sums forfieted by such master, according to this act, for
any such default, as also to make good the impost or duty for any such
wines, liquors, goods, wares and merchandize not entred as aforesaid ;
and, upon judgment recovered against such master, the said ship or ves-
sell, with so much of the tackle or appurtenances thereof as shall be suffi-
cient to satisfy said judgment, may be taken into execution for the same ;
and the commissioner or receiver of the impost is hereby impowered to
make seizure of the said ship or vessell, and detain the same under
seizure untill judgment be given in any suit to be commenced and pros-
ecuted for any of the said forfietures of impost ; to the intent, that if
judgment be rendered for the prosecutors or informer, such ship or ves-
sell and appurtenances may be exposed to sale, for satisfaction thereof,
as is before provided : unless the owner, or some on their behalf,
for releasing of such ship or vessell from under seizure or restraint,
shall give sufficient security to the commissioner or receiver of im-
post that seized the same, to respond and satisfy the sum or value of
the forfietures and duties, with charges, that shall be recovered against
the master thereof, upon such suit to be brot for the same, as afore-
said ; and the master occasioning such loss or damage unto his owners,
through his default or neglect, shall be liable unto their action for the
same.

And be it further enacted,

[Sect. 16.] That the naval officer within any of the ports of this
province shall not clear or give passes to any master of an}^ ship or
vessell, outward bound, untill he shall be certified, by the commis-
sioner or receiver of the impost, that the duty and impost for the goods
last imported in such ship or vessell are paid or secured to be paid.

[Sect. 17.] And the commissioner or receiver of the impost is
hereb}' impowered to allow bills of store to the master of any ship or
vessell importing an}' wines or liquors, for such private adventures as
shall belong to the master or seamen of such ship or vessell, at the dis-
cretion 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 for the more eflfectual preventing any wines, rum or other dis-
tilled spirits being brought into the province from the neighbouring
governments, by land, or in small boats or vessells, or any other way,
and also to prevent wines, rum or other distilled spirits being first
sent out of this province, to save the duty of impost, and afterwards
brought into the government again, —

Be it enacted,

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impowered and enjoined to,
appoint one suitable person or persons as his deputy or deputies, in all
such places of this province where it is likely that wine, rum or other
distilled spirits will be brought out of other governments into this ;
which officers shall have power to seize the same, unless the owner shall
make it appear that the duty of impost has been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distilled spirits brought or relanded in this govern-
ment, where the duty is not paid as aforesaid, and to seize and secure
the same for the ends and uses as in the act hereafter provided.

And be it further enacted,

[Sect. 19.] That the commissioner or his deputies shall have full
power to administer the several oaths aforesaid, and to search in all
suspected places for all such wines, rum, liquors, goods, wares and
merchandize as are brought into this province, and landed contrary to

846 Province Laws.— 1755-56. [Chap. 1.]

the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

And be it further enacted^

[Sect. 20.] That there shall be paid, by the master of every ship or
other vessell, coming into any port or ports of this province, to trade or
trafSck, whereof all the owners are not belonging to this province (ex-
cept such vessells as belong to Great Britain, the provinces or colonies
of Pennsylvania, West and East Jersey, Connecticut, New York, New
Hampshire and Rhode Island), every voyage such ship or vessell doth
make, 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 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. 21.] 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 and tunnage thereof, in case he
shall suspect the register of such ship or vessell doth not express and
set forth the full burthen of the same ; the charge thereof to be paid b}'
the master or owner of such ship or vessell, before she shall be cleared,
in case she shall appear to be of a 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 vessell, untill he be certified,
also, by the commissioner, that the duty of tunnage for the same is
paid, or that it is such a vessell for which none is payable according
to this act.

And he it further enacted,

[Sect. 22.] That when and so often as any wine or rum imported
into this province, the duty of impost upon which shall have been paid
agreeable to this act, shall be reshipped and exported from this govern-
ment to any other part of the world, that then, and in every such case,
the exporter of such wine or rum shall make oath, at the time of ship-
ping, before the receiver of impost, or his deputy, that the whole of the
wine or rum so shipp'd has, bond fide, had the aforesaid duty of impost
paid on the same, and shall afterwards produce a certificate, from some
officer of the customs, that the same has been landed out of this govern-
ment,— or otherwise, in case such rum or wines shall be exported to any
place where there is no officer of the customs, or to any foreign port,
the master of the vessell in which the same shall be exported shall
make oath that the same has been landed out of the government, and
the exporter shall, upon producing such certificate, or upon such oath
of the master, make oath that he verily believes no part of said wines or
rum has been relanded in this province, — such exporter shall be allowed
a drawback from the receiver of impost as follows ; viz'., —

For every pipe of Medaria, twenty-two shillings.

For every pipe of the Western-Island wines, and other sorts, ten
shillings.

For every hogshead of rum, twelve shillings.

Provided, always, —

[Sect. 23.] That after the shipping of such wine or rum to be
exported as aforesaid, and giving security as aforesaid, in order to obtain
the drawback aforesaid, the wine or rum so shipp'd to be exported, or
any part thereof, shall be relanded in this province, or brought into the
same from any other province or colony, that then all such rum and
wine so relanded and brought again into this province, shall be forfieted
and may be seized by the commissioner aforesaid, or his deputy.

[1st Sess.] Pkovince Laws. — 1755-56. 847

And be it further enacted,

[Sect. 24.] That there be one fit person, and no more, nominated
and appointed by this court, as a commissioner and a 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 thereto
relates, 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, or other places besides that
in which 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 as aforesaid 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 vessell, so that the duties of impost and tunnage aris-
ing on said vessell may appear ; and the same to lie open, at all
seasonable times, to the view and perusal of the treasurer or 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 monies as shall be in his hands, as the
treasurer or receiver-general shall 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 ten o'clock in the fore-
noon, untill one in the afternoon.

[Sect, 25.] And the said commissioner and receiver, for his labour,
care and expences in said office, shall have and receive, out of the
province treasury, at the rate of sixty pounds per annum ; and his
deputy or deputies shall receive for their service such sums as the said
commissioner of impost, together with the province treasurer, shall
judge necessary, for whatever sums they shall receive and pay ; and
the treasurer is hereby ordered, in passing and receiving the said com-
missioner's accounts, accordingly-, to allow the payment of such salar}^
or salaries, as aforesaid, to himself and his deputies.

And be it further enacted,

[Sect. 26.] That all penalties, fines and forfietures accruing and
arising by virtue of any breach of this act, shall be one half tp his maj-
esty for the uses and intents for which the afore-mentioned 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.

And be it further enacted,

[Sect. 27.] That from and after the publication of this act, in all
causes where any claimer shall appear, and shall not make good the
claim, the charges of prosecution shall be born and paid by the said
claimer, and not by the informer. [Passed June 21 ; r)uhlished June
27.

848 Peovince Laws.— 1755-56. [^'ha^- 2.J

CHAPTER 2.

AN ACT FOR THE SUPPLY OF THE TREASURY WITH THE SUM OF TEN
THOUSAND ONE HUNDRED AND FIFTEEN POUNDS FOURTEEN SHIL-
LINGS, AND FOR DRAWING THE SAME INTO THE TREASURY AGAIN;
ALSO FOR APPORTIONING AND ASSESSING A TAX OF THIRTY-SIX
THOUSAND POUNDS; AND ALSO FOR APPORTIONING AND ASSESSING
A FURTHER TAX OF THREE THOUSAND ONE HUNDRED AND FIFTEEN
POUNDS FOURTEEN SHILLINGS, PAID THE REPRESENTATIVES FOR
THEIR SERVICE AND ATTENDANCE IN THE GENERAL COURT, AND
TRAVEL, AND FOR FINES LAID UPON TOWNS THAT DID NOT SEND
A REPRESENTATIVE: WHICH SUMS AMOUNT, IN THE WHOLE, TO
THIRTY-NINE THOUSAND ONE HUNDRED FIFTEEN POUNDS FOUR-
TEEN SHILLINGS.

"Whereas the great and general court or assembly of the province
1754-55, chap. 23, <Ji(3, at their session in one thousand seven hundred and fifty-four,
1754 55 cha 17 P^®^ ^° ^^^ ^^^ levying a tax of six thousand pounds ; and another
§6. ' ' ' act for levying a further tax of twentj^-three thousand pounds, and by
said acts provision was made that the general court, at this present sit-
ting, might apportion the same on the several towns and districts within
this province, if they thought fit ; and whereas the treasurer is, in and
by this act, directed to issue out of the treasury, the sum of ten thousand
one hundred and fifteen pounds fourteen shillings for the ends and pur-
poses as is hereinafter mentioned ; wherefore, for the ordering, directing
and eflfectual drawing in the sum of thirty-nine thousand one hundred
and fifteen pounds fourteen shillings, pursuant to the funds and grants
aforesaid, into the treasury, according to the last apportion agreed
to by this court; all which is unanimously approved, ratified and
confirmed ; we, his majesty's most loyall and dutiful subjects, the rep-
resentatives in general court assembled, pray that it may be enacted, —
And he it accordingly enacted by the Governour, Council and House
of Representatives^

[Sect. 1.] That each town and district within this province be
assessed andf pay, as such town and district's proportion of the sum of
thirty-six thousand pounds, and their representatives' pay, and fines,
the sum . of three thousand one hundred and fifteen pounds fourteen
shillings, the several sums following ; that is to say, —

[1st Sess.] Province Laws. — 1755-56.

849

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Province Laws. — 1755-56.

[Chap. 2.]

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[1st Sess.] Province Laws. — 1755-56. 857

And be it further enacted^

[Sect. 2.] That the treasurer do forthwith send out his warrants, Kuies for assess-
directed to the selectmen or assessors of each town or district within ™'^"'-
this province, requiring them, respective!}', to assess the sum hereby
set upon such town or district, in manner following ; that is to sa}', to
assess all rateable polls above the age of sixteen j^ears, within their
respective towns or districts, or next adjoining to them, belonging to
no other town, six shillings per poll, and proportionabl}- in assessing
the fines mentioned in this act, and the additional sum received out
of the treasury for the payment of the representatives (except the
governo[u]r, the lieutenaut-govcrno[u]r and their families, the presi-
dent, fellows, professors and students of Harvard College, settled min-
isters 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 ; as also all
the estate pertaining to Harvard Colle[d]ge) ; and other persons, if
such there be, who, through age, infirmity or extre[a]m[e] povert}', in
the judgment of the assessors, are not able to pay towards publick
charges, the^^ ma}^ 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 their general sessions, in the respect-
ive 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 representatives of each
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 else-
where, 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 which [shall
or] may [or sJiaW] arise by money or other estate not particularly other-
wise assessed, or commissions of profit in their improvement, according
to their understanding or cunning, atone pen[7i]y 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 assessment, to estimate houses and lands at six years'
income of the yearly rents 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 reim-
burse one-half of the tax set upon such houses and lands ; and to
estimate negro, Indian and mol[l]atto servants proportionably as other
perso[?i]al[l] estate, according to their sound judgment and discretion ;
as also to estimate every ox of four years old and upwards, at forty
shillings ; every cow of three years old and upwards, at thirty shillings ;
evei'y horse and mare of three years old and upwards, at forty shil-
lings ; every swine of one year old and upwards, at eight shillings ;
goats and sheep of one year old, at three shillings each : likewise requir-
ing the said assessors to make a fair list of the said assessment, setting
forth, in distinct colum[n]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 if as guardian, or for any estate, in his or her improve-
ment, in trust, to be distinctly expressed ; and the list or lists, so
perfected 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
108

858 PROVINCE Laws.— 1755-56. [Chap. 2.]

to return a certificate of the narae or names of such collector, constable
or constables, with the sum total to each of them committed, unto him-
self, some time before the last day of October next.

[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, or constable or constables of such town or
district, requiring him or them, respective!}', to collect the whole of
each respective sum assess[e3'd on each particular person, before the
last day of December next ; and to pay in their collection, and issue the
accompts of the whole, at or before the last da}^ of March next, which
will be in the 3'ear of our Lord one thousand seven hundred and fifty-
six.

And be it further enacted,
iniiabitatits to [Sect. 5.] That the asscssors of each town or district, respectively,
listoftbei'rpoiis, in Convenient time before their making the assessment, shall give
*'*'• seasonable warning to the inhabitants, in a town meeting, or by post-

ing up notifications in some place or places in such town or district,
or notify the inhabitants some other way [s] or give or bring in to the
assessors true and perfect lists of their polls, rateable estate, and
income by trade or facult^^, and gain b}^ mone^' at interest, which they
are to render to the assessors on oath, if required ; and if they refuse
to give in an account of the money at interest, on oath, the assessors are
impowered to doom tjiem ; and if any person or persons shall neglect or
refuse so to do, or bring in a false list, it shall be lawful[l] 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, agreable to the rules herein
given, under the penaltj^ of twenty shillings for each person that shall be
convicted by legal proof, in the judgment of the said assessors, in bring-
ing 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 collectors or constables, in manner as is di-
rected for gathering town assessments, to be paid in to the town treas-
urer 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 rel[ci] [i(?]f, as in case of being overrated. And if any
person or persons shall not bring a list of their estates, as aforesaid,
to the assessors, he or they so neglecting shall not be admitted to
make application to the court of general sessions for an}^ abatement
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 the polls, rateable estate, or income by
trade or faculty, business or employment, which he does or shall exer-
cise, or [in] gain b^' money at interest or otherwise, or other estate not
particularly assessed, such list shall be a rule for such person's pro-
portion to the tax, which the assessors may not exceed.

And forasmuch as, oftentimes, 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 collectors, and, before the

next 3'ear's assessment, are gone out of the province, and so pa}''

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 farther enacted,

Transient trad. [Sect. 7.] That wheu any such person or persons, shall come and

ersto be rated, j-gg^j^g jjj ^ny town witMn this provinoe, and bring any merchandize, and

[1st Sess.] Province Laws. — 1755-56. 359

trade, to deal therewith, the assessors of such town are hereby impow-
ered to rate and assess all such persons, according to their circum-
stances, pursuant to the rules and directions in this act provided,
tho'[ugh] the former rate may have been finished, and the new one
not perfected, as aforesaid.

And be it further enacted,

[Sect. 8.] That when any merchant, trader or factor, inhabitant Merchants, &c.,
of some one town within this province, or of any other province, shall carryi'ifg^oi/"'^
traf [/]ic, or carr}^ on trade or business, or set up a store in some other '^jj^J,^'" '^"y
town in the province, the assessors of such town[s] where such trade and ekie where they
bushiess shall be carried on as aforesaid, be and hereb}* are impowered "^^*''^'
to rate and assess all such merchants, traders and factors, their goods
and merchandize, for carrying on such trade and business and exercising
their faculty' in such town, pursuant to the rules and directions of this
act ; provided before any such assessors shall rate such persons as afore
mentioned, the selectmen of the town where such trade is carried on, Soiectmento
shall transmit a list of such persons as they shall judge may and ought g'ucJfpereonsbe^
to be rated, within the intent of this act ; and the constables or col- fore they are
lectors are hereby enjo[i][?/]ned to levy and collect all such sums com- ^^^ '
mitted to them, and assessed on persons who are not of this province,
or are residents in other towns than those where they carry on their
trade, and pay the same.

And be it farther enacted,

[Sect. 9.] That the inhabitants of this province have libertj^, if they Species in which
see fit, to pay the several sums for which they may be respectively ^^'^^^ epai .
assessed, of the aforesaid sum of thirty-nine thousand one hundred and
fifteen pounds fourteen shillings, in good merchantable hemp, or in
good, merchantable, Isle-of-Sal)le[s] codfish, or in good refined bar-
iron, or in bloomer3--ii-on, or in hollow iron-ware, or in good Indian Corn,
or in good winter r3-e, or in good winter wheat, or in good barley, or in
good barrel [1] pork, or in barrel [1] beef, or in duck [and] [o7'] canvas,
or in long whalebone, or in merchantable cordage, or in good train
o[i][?/]l, or in good beeswax, or in good bayberr3--wax, or in tr3-ed tal-
low, or in good pease, or in good sheepswool, or in good tanned sole-
leather ; and that the eldest councellors, for the time being, of each of
those counties in the province, of which any one of the councellors 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, once in every month, if need be, to agree and set the several
species and commodities aforesaid at some certain price, at which they
shall be received towards the payment of the sums aforesaid : all which
aforesaid commodities shall be of the produce of this province, and, as
soon as conveniently' ma}-, be disposed of hy the treasurer to the best
advantage, and for so much as they w'ill fetch in money ; and the several
persons paying their taxes in an^^ of the commodities afore mentioned,
to run the risque and pay the charge of transporting the said commod-
ities 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 year ; and if
there be a surplusage, it shall remain as a stock in the treasury.

And tohereas, the sum of ten thousand one hundred and fifteen
pounds fourteen shillings, part of the above tax, has not been appro-
priated in any suppl3--bill for the payment of the publick debts, —

Be it further enacted,

[Sect. 11.] That the said sum of ten thousand one hundred and fif-
teen pounds fourteen shillings shall be issued out of the treasur}-, when
received of the constables and collectors, in manner and for the purposes
following; that is to say, the sum of four thousand pounds, part of the £4,ooo to he is.

860

Province Laws. — 1755-56.

[Chap. 2.]

fiued for forts
and garrisons.

£1,000 for pro-
visions, commis-
eary's disburse-
ments, &c.

£3,000 for
grants.

£1,000 for debts
where tliere is
no establish-
ment, &c.

£1,000 for coun.
cillors' and rep.
resentatives'
attendance.

£115 14s. for

contingent

charges.

The treasurer to
conform to the
appropriations.

£29,000 to dis-
charge govern-
ment securities,
&c.

aforesaid sum of ten thousand one hundred and fifteen pounds fourteen
sliillings, shall be applied for the service of the several forts and garrisons
within this province, pursuant to such orders and grants as are or shall
be made by this court for those purposes ; and the further sum of one
thousand pounds, part of the aforesaid sum of ten thousand one hun-
dred and fifteen pounds fourteen shillings shall be applied for the pur-
chasing of provisions and the commissaiy's necessary disbursements for
the service of the several forts and garrisons within this province, pur-
suant to such grants as are or shall be made by this court for those
purposes ; and the further sum of three thousand pounds, part of the
aforesaid sum of ten thousand one hundred and fifteen i)ounds fourteen
shillings, shall be applied for the payment of such premiums and grants
that now are or hereafter may be made by this court ; and the further
sum of one thousand pounds, part of the aforesaid sum of ten thousand
one hundred and fifteen pounds fourteen shillings, shall be applied for
the discharge of other debts owing from this province to persons that
have 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 that purpose, and for paper, writing and printing for this court ; and
the further sum of one thousand pounds, part of the aforesaid sum of
ten thousand one hundred and fifteen pounds fourteen shillings, shall be
appl[i][?/]ed for the payment of his majesty's council and house of rep-
resentatives, serving in the general court during the several sessions
this present year.

And whereas there are sometimes contingent and unforeseen charges
that demand prompt pay, —

Be it farther enacted,

[Sect. 12.] That the sum of one hundred and fifteen pounds four-
teen shillings, the remaining part of the aforesaid sum of ten thousand
one hundred and fifteen pounds fourteen shillings, be applied to pay
such contingent charges, and for no other purpose whatsoever.

And be it further enacted,

[Sect. 13.] That the treasurer be and [js] hereby [is] directed and
ordered to pay the sum of ten thousand one hundred and fifteen pounds
fourteen shillings, brought in by taxes as aforesaid, out of such appro-
priations as shall be directed to by warrant, and no other ; and the
secretary, to whom it belongs to keep the muster-rolls and accompts of
the charge, shall lay before the house of representatives, where they
direct, such muster-rolls and accompts, after payment thereof.

And whereas, by this act, but ten thousand one hundred and fifteen
pounds fourteen shillings, part of the sura of thirty-nine thousand one
hundred and fifteen pounds fourteen shillings, for which a tax is to go
forth, is appropriated and applied for the discharge of the delits of the
ensuing year.

Be it enacted,

[Sect. 14.] That the remaining sum of twenty-nine thousand
pounds be applied for the discharge of the government securities that
will become due the first of December, one thousand seven hundred and
fifty-six, and the first of Januarj, one thousand seven hundred and
fifty-seven. [^Passed June 24 ; published June 27.

[1st Sess.] Province Laws.— 1755-56. 861

CHAPTER 3.

AN ACT TO ENABLE THE PRECINCT OF TETICUT, IN THE COUNTY OF
PL[I][F]MOUTH, TO RAISE A SUM, BY LOTTERY, TOWARDS BUILDING
A BRIDGE OVER TETICUT RIVER.

Whereas the precinct of Teticut have represented to this court the Preamble,
necessity of building a bridge over Teticut River, and pra3-ed this
court would enable them to raise a sum, by way of lotter}-, for that
purpose, —

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

That Samuel White, Esq'^''^, of Taunton, Israel Washburn of Rayn- samuei white,
ham, Ephraim Keith and James Keith, both of Bridgewater, and David ^n'^'and others,
Alden of Middleborough, or any three of them, be and hereby are empowered to'
allowed and impowered to set up and carry on a lottery, amounting to fcJ^rbxaidi'Mg^
such a sum, as by drawing ten per cent out of each prize, may raise a ^^'-jjg'"'''^"*
sum of two hundred and ninety pounds lawful money, and no more ;
and that the said sum be by them, or any three of them, applied to the
building a good, sufficient bridge over the said river, and paying the
charges of said lottery ; and that .the said Samuel White, Israel Wash-
burn, Ephraim Keith, James Keith and David Alden, or any three of
them, be the managers of said lottery, and impowered to make all
necessary rules for managing thereof, and shall be sworn to the faithful
discharge of their said trust ; and as well the said managers as the said Said managers,
precinct shall be and are hereby declared answerable to the owners of ^nct of'^TeUcut,
the tickets, in case of an}' deficiency or misconduct; and if the sum *?,i^'^ |g^^""
raised thereby shall be more than sufficient, after paying [o/] the
charges of the lottery, to build the said bridge, the surplusage shall be
lodged in the hands of the treasurer of the said precinct, to be put at
interest, and the interest applied towards the repairs of said bridge.
\^Passed and published Jtme 10.

CHAPTEE 4.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF FIFTY
THOUSAND POUNDS, FOR DISCHARGING THE PUBLICK DEBTS, AND FOR
DRAWING THE SAME INTO THE TREASURY.

Whereas the provision heretofore made by this court is insufficient Preamble.
to discharge the debts of the government ; and lohereas there are and
will be several demands upon the treasury, which do and will require
speedy payment ; therefore, —
Be it enacted by the Governour, Council and House of Representatives,
[Sect. 1.] That the treasurer of the province be and hereby is Treasurer em-
impowered and directed to borrow from such person or persons as shall ^o^ £50 000!*°*^"
be willing to lend the same, a sum not exceeding the sum of fifty thou-
sand pounds in mill'd dollars, at six shillings each, or in other silver at
six shillings and eightpence per ounce, for a term not exceeding three
years ; and the sum so borrowed shall be applied in manner as in this
act is hereafter directed ; and for every sum so borrowed, the treasurer
shall give a receipt and obligation in form following : —

862

Province Laws. — 1755-56.

[Chap. 4.]

Form of treas-
urer's receipt.

Province of the Massachusetts Bay, day of , 1755.

Received of the sum of , for the use and sei-

yice of the province of the Massachusetts Bay, and, in behalf of said prov-
ince, I do hereby promise and oblige myself and successors in the office of
treasurer to repay the said or order, the day of ,

175 , the aforesaid sum of , in coined silver of sterling alloy, at six

shillings and eightpence per o[unce] [z]., or Spanish mil][e]'d dollars, at six
shill[i»]gs each, with interest annually, at the rate of six per cent per annum.
Witness my hand, A. B., Treasurer.

Treasurer
directed in bor-
rowing money.

Treasurer to
give notes on
warrants, &c.

Former war-
rants on ex-
liausted appro-
priations, to be
paid.

£17,350 to be
issued for ex-
pedition to
Crown Point.

£12,500 for forts
and garrisons.

£9,500 for-pro-
visions, conimis-
sary's disburse-
ments, &c.

£7,000 for
premiums, &c.

£1,500 for debts
where there is
no establish-
ment, &c.

£2,000 for pay
of councillors'
and representa-
tives' attend-
ance.

— and no receipt shall be given for a sum less than six pounds.

[Sect. 2.] And the treasurer is hereby directed to use his discre-
tion in borrowing said sum at such times as that he may be enabled to
comply with the draughts that may be made on the treasury in pursu-
ance of this act.

And lohereas it may happen that some of the persons who have done
service for this government, and for the pa^-ment of which the sum
raised by this act is intended, may be willing to lend the sum due to
them, on interest, and take the treasurer's notes for the money so lent, —

Be it further enacted^

[Sect. 3.] That when and so often as any person or persons, who
shall have a warrant on the treasury payable out of any of "the appro-
priations mentioned in this act, and shall bring such warrant to the
treasurer, expressing his willingness to lend the sum mentioned in said
warrant to the government, the treasurer, in such case, shall give out
his notes therefor in like manner as if the same sum had been brought
to him in dollars or other silver, and shall charge the respective appro-
priations with the payment thereof, until [1] such appropriations shall
be exhausted.

And he it further enacted^

[Sect, 4.] That any warrants which may have been given by the
governour and council, and were payable out of any exhausted appro-
priations in any former acts for supplying the treasurj^ shall be paid,
respectively, out of the appropriations for the like purpose in this act.

And be it further enacted^

[Sect. 5.] That the aforesaid sum of fifty thousand pounds, when
received into the treasury, shall be issued out in manner and for the
purposes following ; that is to say, seventeen thousand three hundred
and fifty pounds, part of the sum of fift}' thousand pounds, shall be
applied for the service of the expedition against Crown Po[^][u]nt ; and
the further sum of twelve thousand five hundred pounds, part of the sum
of fifty thousand pounds, shall be applied for the service of the several
forts and garrisons within this province, jxirsuant to such grants and
orders as are or shall be made by this court for those purposes ; and
the further sum of nine thousand five hundred pounds, part of the
aforesaid sum of fifty thousand pounds, shall be applied for purchasing
provisions and the commissary's necessary disburs[e]ments for the ser-
vice of the several forts and garrisons within this province ; and the
further sum of seven thousand pounds, part of the aforesaid sum of
fifty thousand pounds, shall be applied for the pa^'ment of such premi-
ums and grants that now are or m-iy hereafter be made by this court ;
and the further sum of fifteen hundred pounds, part of the aforesaid
sum of fifty thousand pounds, shall be applied for the 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 that purpose ;
and for paper, writing and printing for this court ; and the sum of two
thousand pounds, part of the aforesaid sum of fifty thousand pounds,
shall be applied for the payment of his majesty's council and house of

[1st Sess.] Province Laws.— 1755-56. 863

representatives serving in the great and general court during the several
sessions for the present year.

And whereas there are sometimes contingent and unforeseen charges
that demand prompt pa3-,T—

Be it enacted^

[Sect. 6.] That the sum of one hundred and fifty pounds, being £i50 for contin-
the remaining part of the aforesaid sum of fifty thousand pounds, be s®"'' '^^'^^'g^s-
applied to pay such contingent charges, and for no other purpose what-
soever.

And in order to draw the money into the treasury again, and enable
the treasurer effectually to discharge the receipts and obligations (with
the interest that may be due thereon), by him given in pursuance of
this act, —

Be it enacted,

[Sect. 7.] That there be and hereby is granted to his most excel- Tax of £S6,ooo
lent majesty a tax of thirty-six thousand pounds, to be levied on polls, ^^^^ ^ ''°
and estates real and personal within this province, according to such
rules and in such pi'oportion on the several towns and districts within
the same as shall be agreed on and ordered by the general court of this
province at their session in Mav, one thousand seven hundred and fifty-
six, which sum shall be paid into the treasury on or before the thirty-
first day of March next after.

[Sect. 8.] And a further sum of fourteen thousand pounds, the re- Tax of £i4,ooo,
maining part of the afores[oi]'d sura of fifty thousand pounds, to be levied '" ^^^^*
on polls, and estates 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 the general court
of this province at their session in May, one thousand seven hundred
and fifty-seven, which sum shall be paid into the treasury on or before
the thirty-first day of March next after.

And as an additional fund to enable the treasurer to discharge the
said notes, —

Be it ioiacted,

[Sect. 9.] That the duties of impost for the year one thousand Fund.
seven hundred and fifty-six shall be applied for that purpose, and for ^'^^•^^'*' ^p- •
no other purpose whatsoever.

And as a further fund to enable the treasurer to discharge said receipts
and obligations by him given in pursuance of this act, —

Be it enacted,

[Sect. 10.] . That the duties of excise, or so much of that duty as is Further fund.
not alread}' mortgaged, arising by virtue of an act for granting unto his I'^^a-o'j.chap.si.
majest}^ an excise upon spirits distilled, and wine, and upon limes,
lemmons and oranges, for the year one thousand seven hundred and
fiftj'-five, shall be applied for the payment and discharge of the prin-
cipal and interest that shall become due on said notes, and to no other
purposes whatsoever.

And as a further fund as aforesaid, —

Be it enacted,

[Sect. 11.] That the duties arising by the act for granting to his Further fund,
majesty several duties upon vellum, parchment and paper, the second i754.5o,chap.i8.
3'ear from the commencement of said act, shall be applied for the pav-
ment and discharge of the principal and interest that shall be due on
said notes, and no other purpose whatsoever.

And be it further enacted,

[Sect. 1 2.] That in case the general court shall not at their sessions Ruie for appor.
in May, and before the thirtieth day of June, one thousand seven hun- t'onJns t^f tax,

■^ "^ ' in case no t<ix

dred and fifty-six, and one thousand seven hundred and fifLj'-seven, act sii.-ui be
agree and conclude upon an act apportioning the sums which by this "sreed on.

864 Peovince Laws.— 1755-56. [Chap. 5.]

act are engaged to be, in said j^ears, apportioned, assessed and levied,
that tlien, 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 proportions of the said sums
as the said towns and districts were taxed b}' the general court in the
tax act then last preceeding : saving what relates to the pay of the
representatives, which shall be assessed on the several towns they
represent; and the province treasurer is hereby fully impowered and
directed, some time in the months of Jul}", one thousand seven hundred
and fiftj'-six, and one thousand seven hundred and fifty-seven, 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
directed and engaged to be assessed, and the assessors, as also persons
assessed, shall observe, be governed by and subject to all such rules and
directions as have been given in the last preceeding tax act.
And be it further enacted.
The treasurer to TSect. 13. "I That the treasurer is hereby directed and ordered to

conionn to tDG i- _j »/

appropriations, pay the sum of fifty thousand pounds out of such appropriations as shall
be directed by warrant, and no other ; and the secretar}^ to whom it
belongs to keep the muster-rolls and accompts of charge, shall lay before
the house of representatives, when they direct, such muster-rolls and

Proviso. accompts, after payment thereof: provided^ always, that the remainder

of the sum which shall be brought into the treasury by the duties of
impost, excise, and stamp duties before mentioned, and the tax of fifty
thousand pounds ordered by this act to be assessed and levied, over and
above what shall be sufficient to discharge the notes and obligations
aforesaid, shall be and remain as a stock in the treasury, and to be
applied as the general court of this province shall hereafter order, and
to no other purpose whatsoever ; anything in this act to the contrary
notwithstanding. [^Passed June 11 ; published June 12.

CHAPTEE 5.

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

Be it enacted by the Governour, Council and Souse of Represent'
atives,

That the sum of thirteen hundred pounds be and hereby is 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-chief in and over his majesty's province of the Massachusetts Bay,
for his past services, and further to enable him to go on in managing
the publick aflfairs. [^Passed June 10 ; published June 12.

[1st Sess.J Provixce Laws. — 1755-5G. 865

CHAPTER 6.

AN ACT FOE, THE MORE EFFECTUAL PREVENTION OF SUPPLIES OF
PROVISIONS AND WARLIKE STORES TO THE FRENCH, FROM ANY
PARTS OF THIS PROVINCE.

Whereas, notwithstanding tbe provision already made by the laws of Preamble,
this government, divers evil-minded persons have found means to trans-
port provisions to Lonisb[o]urg[h], either direct from this province, or
else from this province to some parts of Newfoundland, and from thence
to Louisb[o]urg[h] ; by means whereof the present measures now en-
gaged in by his majesty's forces for the security of his subjects, and for
removing the encroachments made upon his territories may be prejudiced
and defeated, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,

[Sect. 1.] That no provisions, except codfish, nor warlike stores, No provisions
except so much only as shall be necessary for the ordinary victualling gtOTM^haif be
and defence of any vessel, during her proposed voyage, shall be exported exported before
from any port or part of this province, until[l] bond be first given by the ^°^^ ^'^*^"' ^^'
master of such vessel, with sufficient sureties, in the penalty of one
thousand pounds sterling, to the officer or commissioner of impost, that
all such provisions and warlike stores so laden shall be relanded in
some part of this province, or landed in some one of his majesty's col-
onies to the southward of Newfoundland, or at Annapolis Royal or
Hallifax, in Nova Scotia ; and that certificate shall be returned, within
twelve months, from the officer of the customs in the places where they
shall be landed, that the whole of such provisions and warlike stores
have been so landed.

[Sect. 2.] And if any person shall presume to export provisions or
warlike stores from this province in a clandestine way, and without ob-
taining a clearance from the naval officer, every person so offending
shall be subject and liable to all the penalties provided by an act of this
province made and pass'd this present year, intit[u]led " An Act to en- 1754 55, chap. 34
courage and facilitate the removal and prevention of French encroach-
ments on his majesty's North-American territories."

And he it further enacted,

[Sect. 3.] That the naval officer shall give no clearance for any
vessel, until [1] certificate be produced from the commissioner of impost,
that the master of such vessel has conformed to the rules prescribed b}'
this act.

And he it further enacted,

[Sect. 4.] That oath shall be made by the master of every vessel
clearing out, before the commissioner of impost, as to the whole quan-
tity of provisions and warlike stores laden, or intended to be laden, on
board such vessel.

[Sect. 5.] This act to continue and be in force until [1] the twelfth Limitation.
day of September next, and no longer. [^Passed andpuhlished June 14.
109

866

Province Laws. — 1755-56.

[Chap. 7.]

Preamble.

Exportation of
warlike stores
and provisions
prohibited :

Saving.

Governor and
council may
prolong the time
above limited.

Proviso for

coasting-vessels,

&c.

Proviso, also, in
towns where
the fishery is
carried on.

CHAPTEE 7.

AN ACT FOR PREVENTING THE EXPORTATION OF PROVISIONS AND
WARLIKE STORES, OUT OF THIS PROVINCE.

Whereas the measures already taken for preventing provisions and
warlike stores being carried to the French have proved ineffectual for
that purpose, —

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

[Sect. 1.] That no warlike stores, or provisions of any kind what-
soever, fish onl}^ excepted, shall be exported or carried out of any port
or harbour in this province, in any vessel whatever, before the twenty-
fourth day of July next : saving only such provisions and warlike
stores as are necessary for the defence of each respective vessel out-
ward bound, and victualling the mariners on board the same, during
their intended voyage, and whereof an account, in writing, shall be
given by the master of such vessel, on oath, to the impost officer, or
his deputy, on pain of one thousand pounds, lawful money, to be for-
feited and paid by the master ; and the like sum hy the owner and
owners, factor and factors, of each respective vessel in which any war-
like stores or provisions shall be exported or carried out of any port
or hai-bour in this province ; one moiet}' thereof to the use of this gov-
ernm[en]t, and the other moiety to him or them that shall inform or
sue for the same.

And he it further enacted.,

[Sect. 2.] That if the governour or commander-in-ch[ei][ie]f, for the
time being shall see fit, with the advice and consent of the council, to
issue a proclamation, prohibiting the exportation of provisions or
warlike stores out of this province, for any time after the said twenty-
fourth day of Jul}^ not exceeding the twenty-fourth day of September,
in this present year, the master, and owner and owners, factor and fac-
tors, of an}' vessel or vessels on board of which such provisions or war-
like stores shall be exported, contrary to such proclamation, shall be
respectively liable to the same penalties as if the same had been ex-
ported before the said twenty-fourth day of July, contrary to this act.

Provided., always, —

[Sect. 3.] That it shall and may be lawful for any provisions or war-
like stores to be exported for the service of his maji^sjty's sea or land
forces, on board any vessel or vessels licen[s][c]ed for that purpose by
the governor or comm[ande]r-in-chief for the time being, with the advice
of the council.

Provided, also, —

[Sect. 4.] That it shall and may be lawful for provisions and war-
like stores to be laden and transported on board any coasting-vessel, or
vessels, passing from one port to another within this province, bond
being first given, in a thousand pounds, lawful money, with sufficient
sureties, to the impost officer or his deput}', to reland the same in some
town in this province, and to return a certificate thereof from the deputy
impost-officer residing in the town where they are so relanded, or from
the town clerk of such towns wherein no deputy impost-officer resides.

Provided, also, —

[Sect. 5.] That in such towns where the fishery is carried on, and
neither the impost officer or his deputy dwells, the masters of fishing
vessels may render the acco[Kn]t aforesaid, on oath, to a justice of the
peace, or the town clerk of the respective towns out of which they sail,
who is hereby impowered to take the same ; and the account so taken

[1st Sess.] Province Laws.— 1755-56. 867

and attested shall be by them transmitted to the impost officer, which
shall be as effectual as tho the same were taken by him, or his deput}'.

And be it enacted,

[Sect. 6.] That the impost officer shall be allowed one shilling for impost officer,
each bond so taken, and every justice and town clerk the like sum for '*^^®*
every such certificate by them respectively transmitted as afores[ai]d,
to be paid by the master. [Passed and published June 25.

CHAPTER 8.

AN ACT IN ADDITION TO AN ACT, INTIT[U]LED " AN ACT FOE, GRANTING
TO HIS MAJESTY SEVERAL DUTIES UPON VELLUM, PARCHMENT AND
PAPER, FOR TWO YEARS, TOWARDS DEFRAYING THE CHARGES OF
THJS GOVERNMENT."

Whereas, in afid bj'' an act, intit[u]led " An Act for granting to his Preamble,
majesty several duties upon vellum, parchment and paper, for two 3'ears, 1754.55, chap. is.
towards defr[a][e]ying the charges of this government," made and
pass[e]'d in the present year of his majesty's reign, a duty is laid in the
words following; viz"^*^., "for every*' p[ei][?e]ce of vellum or parch- Words in
raent, sheet or p[ei][«e]ce of paper, on which any deed or mortgage recued.'"^*
of any real estate, the consideratipn whereof shall be less than twenty
pounds, or any bond or obligation, those taken in the probate office ex-
cepted, or other sealed instruments, shall be engross[e]'d or written,
twopence " ; and altho' it was fully intended that no wills or other in-
struments that were to be presented to, or transacted in, the probate
office, should be liable to any duty, and that no warrants of any sort
should be subjected to any stamp, yet, some doubts have arisen, whether
that clause in the aforesaid act, " or other sealed instruments," does not
make it necessary that all instruments not particularly mentioned in
said act, should be stampt, to render them good and valid; wherefore,
for removing such doubts for the future, —

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

[Sect. 1.] That no wills or other instruments that are to be pre- instruments not
sented to, or that are transacted in, the probate office, and no warrants stamped.^*
from any person or persons that are authorized and impowered by law
to grant the same, shall be liable to be stamp [t][ecZ], but that the same
shall be held good and available in law to all intents and purposes, with-
out being stampt, anything in the afore-mentioned act notwithstanding.

And be it further enacted,

[Sect. 2.] That the commissioner or commissioners appointed, or instruments not
to be appointed, to receive the dufies mentioned in the aforesaid act, after belJfg''^ '
shall not stamp, or cause to be stampt, any capias, original summons, "gned or sealed.
or any writ of review, writ of scire facias, or writ of execution, or any
other writ[t]s whatsoever, after the same is filled up, nor any deed,
bond or other instrument, after the same is signed or sealed. [Passed
June 25 ; vublished June 27.

868

Peovixce Laws. — 1755-56.

[Chap. 9.]

CHAPTER 9.

AN ACT TO PREVENT DAMAGE BEING DONE ON THE BEACH, HUMOCKS
AND MEADOWS BELONGING TO THE TOWN OF SCITUATE, LYING BE-
TWEEN THE SOUTHEP.LY END OF THE " THIRD CLIFF," SO CALLED,
AND THE MOUTH OF THE NORTH RIVER.

Preamble,
1749-50, chap. 14.

Cattle found
feeding on the
■beaches afore,
said, to be im-
pounded.

To be sold,
where the owner
does not ajipear.

Disposal of the
produce.

Penalty for cut-
ting down trees
or shrubs.

1726-27, chap.

Limitation.

Whereas persons frequently drive numbers of neat cattle and horses,
and sometimes sheep, if not restrained, to feed on the beach, humocks
and meadows of Scituate, lying between the Third Cliff and the mouth
of North River, and oftentimes cut down trees and shrubs in said
humocks, and carr}' them away, whereby said beach is broken, and the
land made loose, and, by the winds and storms, is drove on the said
meadow and flat[t]s, or sedge-ground ; and there is great danger, if
such practices are not prevented, that the said meadows and sedge-
ground will be utterly ruined, and the river greatly damnified, —

Be it therefore enacted hij the Governolii^r, Council and House of
Representatives^

[Sect. 1.] That if any neat cattle, horse-kind or sheep, shall, after
the first da}' of July next, be found feeding on said beach, humocks or
sedge-ground adjoining to said beach, it shall and may be lawful for any
person to impound the same forthwith, giving notice to the owner or
owners, if known ; otherwise, to give publick notice thereof, by posting
up notifications in some publick place in said town of Scituate ; and the
impounder shall rel[ei][ie]ve said creatures with suitable meat and
water while impounded ; and if the owner thereof appear, he shall pay
to the irnpounder one shilling a head for all neat cattle and horse-kind,
and twopence for every sheep, and also the reasonaWe costs for re-
l[ei][ie]ving them, besides the lawful fees to the pound-keeper. And
if no owner appear within three days to redeem the said creatures so
impounded, and pay as aforesaid, then, and in every such case, the per-
son or persons impounding such creatures, shall cause the same to be
sold at publick vendue, and pay the penalties as aforesaid, with all other
costs and charges arising about the same, publick notice of the time and
place of such sale being first given in the said town of Scituate, and the
two next adjacent towns, three several days beforehand ; and the over-
plus, if any there be, arising by such sale, to be returned to the owner
or owners of such creatures, if he or they appear within two months
next after such sale, upon his demanding the same ; but if no owner
appears within said two months to demand the same, then the said over-
plus shall be one half to the person impounding, and the other half to
be returned to the town treasurer, for the use of the poor of the said
town of Scituate.

And he it further enacted,

[Sect. 2.] That if any person or persons shall presume to cut down
any tree or shrub standing or growing on said beach or humocks, with-
out leave or licence first had and obtained of said town of Scituate, he
or they so offending, shall forfeit and pay to the use of said town the
sum of twenty shillings for each tree or shrub so cut down. And all
such methods and proof shall be allowed in any action to be brought by
said town therefor, as is provided in an act made in the <«velfth year
of King George the First, in addition to an act made for preventing of
trespasses.

[Sect. 3.] This act to be in force for the space of ten years from
the first day of July next. {^Passed June 25 ;* published June 27.

* Signed June 10, according to the record.

[1st Sess.] Province Laws. — 1755-56. 869

CHAPTER 10.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS, THAT AR»
EXPIRED AND NEAR EXPIRING.

Whereas the several acts hereinafter mentioned, which are now ex- Preamble.
pired or near expiringf have been found useful and beneficial ; namely, Sundry laws ex-
two acts made in the eighteenth year of his present majesty's reign ; piring, revived
one intit[u]led " An Act to prevent mischief being done by unruly dogs," ^11'! ^,°'"'|""'''''.
the other intit[u]led " An Act to prevent neat cattle and horses running i744'45'chap 26*
at large and feeding on the beaches adjoining to Eastern-Harbour
Meadows, in the town of Truro " ; and one other act made in the eigh-
teenth and nineteenth years of said reign, intit[u]led " An Act to prevent 1745-46, chap. 7.
unnecessary cost being allowed to parties and witnesses in the several
courts of justice within this province " ; and one act made in the twenty-
second 3'ear of said reign, intit[u]led "■ An Act to prevent damage being 1748-49, chap. is.
done on the beach and meadows in Plymouth adjoining to said beach,
commonly known by the name of Pl3'mouth Beach " ; four acts made
in the twenty-third year of said reign, one intit[u]led " An Act against 1749.50, chap. 22.
diminishing or counterfeiting money " ; one other, intit[u]led " An Act in 1749-50, chap. 23.
addition to and for rendering more effectual an act for the restraining
the taking excessive usury " ; one other, intit[u]led " An Act to prevent 1749-50, chap. 24.
stage-plays and other theatrical entertainments " ; and the other act,
intit[u]led " An Act to prevent damage being done on the meadows and 1749-50, chap. 26.
beaches lying in and adjo[3'][i]ning on the north side of the town of
Harwich, between Skeket harbour on the east, and Setucket harbour on
the west " ; an act made in the twent3--fourth year of said reign, inti-
t[u]Ied "An Act for the better regulation of the course of judicial 1751-52, chap. 17.
proceedings " ; also " An Act to prevent the disturbance given the 1747.48, chap. 4.
general court b}' the passing of coaches, chaises, carts, trucks and
other carriages by the province court-house," —

Be it therefore enacted hy the Goveriiour, Council and House of Repre-
sentatives^

» That such of the before-mentioned acts as are expired, with all and Their continua.
every article, clause, matter and thing therein respective!}' contained, yoara°fioin\he
be and they hereby are revived, and such of said acts as are near '^^^}] of Ju°<2<
expiring are continued, and shall be in force from the twentieth day of
June current, for the space of five years, and to the end of the then
next session of the general court, and no longer. \_Passed June 25 ;*
published June 27.

• Signed June 19, according to the record.

870

Province Laws. — 1755-56. [Chap. 11.]

ACT

Passed at the Session begun and held at Boston,
ON THE Sixth day of August, A. D. 1755.

CHAPTER 11.

AN ACT FOR PREVENTING THE EXPORTATION OF PROVISIONS AND
WARLIKE STORES, OUT OF THIS PROVINCE.

Exportation of
warlike stores
and provisions
prohibited :

Saving,

Penalty, &c.,for
breach of this
act.

Governor and
council to pro-
long the time
above limited.

Proviso for land
or sea forces.

Be it enacted hy the Liexitenant-Governour, Council and House of
Representatives^

[Sect. 1.] That no warlike stores, or provisions of any kind what-
soever, fish only excepted, shall be exported or carried out of any port
or harbour in this province, in any vessel whatever, before the thirtieth
day of September next: saving only such provisions or warlike stoi'es
as are necessary for the defence of each respective vessel outward
bound, and victualling the marin(*rs on board the same during their
intended voyage, and whereof an account, in writing, shall be given by
the master of such vessel[l], on oath, to the impost officer or his deputy,
and Where there is no impost officer or deputy, then to a justice of the
peace or the town clerk, on pain of one thousand pounds lawful money,
to be forf[ie][ei]ted and paid by the master, and the like sum b}^ the
owner and owners, factor and factors of each respective vessel in which
any warlike stores or provisions shall be exported or carried out of any
port or harbour in this province ; one moiety thereof to the use of thia^
government, and the other moiety to him or them that shall inform or
sue for the same ; and such masters, owners and factors, respectively,
upon their being convicted of the offence aforesaid, at the superiour
court of judicature, court of assize and general goal deliver}', shall be
further liable to stand in the pillory, and have one of their ears cut off.

And be it further enacted,

[Sect. 2.] That if the governour or commander-in-chief for the
time being shall see fit, with the advice and consent of the council, to
issue a proclamation, prohibiting the exportation of provisions or war-
like stores out of this province, for any time after the said thirtieth day
of September next, not exceeding the thirtieth day of November in
this present year, the master, and owner and owners, factor and factors
of any vessel or vessels on board of which such provisions or warlike
stores shall be exported, contrar}' to such proclamation, shall be, re-
spectively, liable to the same pains and penalties as if the same had been
exported before the said thirtieth day of September, contrary to this
•act.

Provided, alioays, — '

[Sect. 3.] That it shall and may be lawful for any provisions or
warlike stores to be exported for the service of his majesty's sea or land
forces, on board any vessel or vessels licen[c][s]ed for that purpose by
the governour or commander-in-chief for the time being, with the advice
of the council.

[2d Sess".] Province Laws. — 1755-56. 871

Provided^ also., —

[Sect. 4.] That it shall and may be lawful for provisions and war- Proviso for
like stores to be laden and transported on board any coasting vessel or gers?&f."^^^"
vessels, passing from one port to another within this province, bond
being first given, in a thousand pounds, lawfull money, with sufficient
sureties, to the impost officer or his deputy (and where there is no im-
post officer or deputy, then to a justice of the peace or the town clerk)
to reland the same in some town or district in this province, and to
return a certificate thereof from the deputy impost officer residing in
the town or district where they are so relanded, or from the town or
district clerk of such towns or districts where no deputy impost officer
resides.

Provided, cdso, —

[Sect. 5.] That in such towns where the fishery is carried on, and Proviso, also,
out of which vessel[l]s coasting from one port to another, in this prov- the eTiiery is^^
ince, and wherein neither the impost officer or his deputy dwells, the carried on.
masters of such fishing, or coasting, vessel [l]s may render the account
aforesaid, on oath, to a justice of the peace, or the town clerk of the
respective towns out of which they sail, who is hereby impowered to
take the same ; and the account so taken and attested shall be by them
transmitted to the impost officer, which shall be as effectual as tho' the
same were taken by him or his deputy.

And be it enacted,

[Sect. 6.] That the impost officer shall be allowed one shilling for impost officer,
each bond so taken, and every justice and town or district clerk the ^'^^'^^•
like sum for every such certificate by them respectively transmitted as
aforesaid, to be paid by the master.

Provided, also, —

[Sect. 7.] That it shall be unlawful for any of his majesty's sub- Penalty for
jects of this province, and they are hereby strictly forbidden, to hold ^pl^'ainTJoT
any correspondence or communication with any inhabitants of Louis- commanication
bourg[h], or any other of the French settlements in North America, Tf Lo'uisbourg,^
either by land or water ; and if any person or persons belonging to ^''•
this province shall be so audacious as to go or send to Louisboiirg[h],
or any other French settlement in North America, during the continuance
of this act, the ship, sloop or other vessel[l] employed, with all her tackle
and appurtenances, and her cargo, shall be forfeited, one half to his
majest}^ for the use of this province, the other half to him or them who
shall inform and sue for the same in any of his majesty's courts within this
province proper to try the same ; and be further liable, if a ship or ves-
sel[l], the master to have one ear cut off, and be publickly whipp[e]'d
thirt3'-nine lashes, and be render [e]'d forever incapable of holding any
place of honour or prof [f J it [t] under this government, and the owner or
owners, and factor or factors of the owner or owners, of such ship or
other vessel [1] shall forfeit and paj', each, five hundred pounds, to be
recovered and dispos'd of as above, and also be forever disabled to
hold any place of honour or prof[f]it[t] under this government.
{^Passed and ^published August 16.

872 Peovince Laws.— 1755-56. [Chap. 12.J

ACTS

Passed at the Session begun and held at Boston,
ON the Fifth day of September, A. D. 1755.

CHAPTEE 12.

AN ACT FOR THE MORE SPEEDY LEVYING OF SO[U]LDIERS FOR THE
EXPEDITION AGAINST CROWN POINT.

Preamble. Whereas thls government have judged it necessary that two thousand

men be raised, in addition to those who have been already' inlisted or
ordered to be raised, to reinfoi'ce the army under the command of
Major-General Johnson, destin[e]'d to Crown Point, and have thereupon
desired his honour the commander-in-chief to order the several com-
panies, both of horse and foot, in all the regiments within this province,
those in the county of York excepted, to be mustered on the fifteenth
of September instant, and in case the number of two thousand men
should not then be inlisted, that the aforesaid number be compleated
by an impress to be made as soon as may be ; wherefore, for the more
speedy and effectual raising and levying of soldiers for the service
aforesaid, —

Be it enacted by the Lieutenant-Governour, Council and House of Rep-
resentatives,
Manner of noti- [Sect. 1.] That upon duc Warning given, by order of the command-
o^'the 6ev'?"ar'" cr-iu-chief, by one of the ser[g][j/e]ants or corporals of the several troops
companies of ^ud Companies, to each person belong [in,] [g] to the same, either in per-
to' raise voiun. son, or, in case of his absence from home, by leaving a notification in writ-
teers, &c. jj^g ^^ ^j^g usual placc of his abode, for mustering the companies of horse

and foot for the purposes before mentioned, every person who by law is
obliged to attend military musters, whether belonging to any troop or foot
company, shall punctually attend and continue at such muster at the
time and place that shall lae appointed therefor, on pain of incurring the
penalty of twenty pounds, unless it shall appear on tr[y][i^]al of the of-
fence that his attendance was necessarily and unavoidably prevented ;
and every person who shall be impressed for the service aforesaid, shall
duly attend the same, either by himself, or by some other effective able-
Fine for not bodied person in his stead", on penalty of the sum often pounds, unless
impre&rd?''° he shall have had a discharge from such impress, in writ[t]ing, under
the hand of the captain or chief officer of such troop or company, or of
the commander-in-chief of the province.
Manner of [Sect. 2.] The penalties aforcsaid to bc imposcd and rccovcred, as

recovery. j^ provided in the nineteenth paragraph of an act of this province, made

and passed in the fifth year of their late majesties William and Mary,
1693.4, chap. 3. inti[i]led " An Act for regulating the militia," except of minors and ser-
vants, whose penalties shall be recovered of their parents or masters
respectively, and to be disposed of as fines are, for persons impressed
not attending the service, by virtue of an act of this province, made and

[3d Sess.] Peovince Laws.— 1755-56. 873

passed in the twenty-seventh year of his present majesty's reign, [e][i]n-

titlecl " An Act for lev[e]ying of so[u]l(liers, and to prevent so[u]ldiers 1753.54, chap. 4i.

and seamen in his majesty's service from being arrested for debt."

[^Passed and published September 8.

CHAPTEE 13.

AN ACT FOR SUPPLYING THE TREASURY AVITH THE SUM OF SIXTEEN
THOUSAND POUNDS, FOR DISCHARGING THE PUBLICK DEBTS, AND
FOR DRAWING THE SAME INTO THE TREASURY.

Whereas the provision heretofore made by this court is insufficient Preamble.
to discharge the debts that now are or may become due for the expedi-
tion against Crown Point ; and whereas there are and will be several
demands upon the treasury which do and will require speedy payment ;
therefore, —

Be it enacted by the Lieutenant- Governour, Council and House of Rep-
resentatives,

[Sect. 1.] That the treasurer of the province be and hereby is Treasurer em-
impowered and directed to borrow from such person or persons as shall row £i6,ooo. °'
be willing to lend the same, a sum not exceeding the sum of sixteen
thousand pounds in mill'd dollars, at six shillings each, or in other silver
at six shillings and eightpence per ounce, for a term not exceeding
eight months ; and the sum so borrowed shall be applied in manner as
in this act is directed : and for every sum so borrowed, the treasurer
shall give a receipt and obligation (but for no sum less than six pounds)
in form following : —

Province of the Massachusetts Bay, day of , 1755. Form of treas-

Received of the sum of , for the use and service of '^''^^'^ receipt.

the province of the Massachusetts Bay, and, in behalf of said province, I do
hereby promise and oblige myself and successors in the ofiice of treasurer
to repay the said or order, the day of 1756, the afore-

said sum of , in coined silver of sterling alloy, at six shillings and eight-

pence per ounce, or Spanish mill'd dollars, at six shillings each, with interest
at the rate of six per cent per annum.

Witness my hand, A. B., Treasurer.

And whereas it ma}^ happen that some of the persons who have done
service for this government, and for the paj-ment of which the sum
raised by this act is intended, may be willing to lend the sum due to
them, on interest, and take the treasurer's notes for the money so lent, —

Be it further enacted,

[Sect. 2.] That when and so often as any person or persons who Treasurer to
shall have a warrant on the treasury paj-able out of the appropriation warrants!' ''^
mentioned in this act, and shall bring such warrant to the treasurer,
expressing his willingness to lend the sum mentioned in said warrant to
the government, the treasurer, in such case, shall give out his notes
therefor in like manner as if the same sum had been brought to him in
dollars or other silver, and shall charge this appropriation with the pay-
ment thereof, until [1] such appropriation shall be exhausted.

And be it further enacted,

[Sect. 3.] That any warrants which may have been given by the Fornrer war-
go vernour and council, and were payable out of any exhausted appro- baimwi'a'^pro.
priations in any former acts for supplying the treasury, shall be paid, piiat'ons, to be
respectively, out of the appropriation for the like purpose in this act. ^^' '
110

874

Province Laws. — 1755-56. [Chap. 14.]

Baid £16,000 to
be applied for
Crown-Point
expedition.

Tax of £18,000
granted on polls
and estates.

And be it farther enacted,

[Sect. 4.] That the aforesaid sum of sixteen thousand pounds, when
received into the treasur}^ shall be issued out and applied for the ser-
vice of the expedition against Crown Point, and for no other purpose
whatsoever.

And in order to draw the money into the treasury again, and enable
the treasurer effectually to discharge the receipts and obligations (with
. the interest that may be due thereon), by him given in pursuance of this
act, —

Be it enacted,

[Sect. 5.] That there be and hereby" is granted to his most excel-
lent majesty a tax of eighteen thousand pounds, to be levied on polls,
and estates 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 the general court 'of this
province at their present session ; which sum shall be paid into the
treasury on or before the thirty-first day of March next. \_Passed
and published September 8.

CHAPTER 14.

AN ACT FOR PREVENTING AND PUNISHING THE DESERTION OF SOL-
DIERS IN THE EXPEDITION AGAINST CROWN POINT, OR IN THE
DEFENCE OF THE FRONTIERS OF THIS GOVERNMENT.

Slieriffs, &c.,

their power to

•lapprehend de-

Preamble. Whereas soldiers duly inlisted, or to be inlisted or impressed, for the

present expedition against Crown Point, or for the defence of the fron-
tiers of this province, do and may afterwards desert, and be found
wandering, or otherwise absenting themselves illegally from his majes-
ty's service, —

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

[Sect. 1.] That it shall and may be lawful for the sheriff of any
county, or either of his deputies, for any constable or tythingman of

serters. the town or placc (or any other person) where any person who may be

reasonably suspected to be such a deserter shall be found, to apprehend,
or cause him to be apprehended, and to cause such person to be brought
before any justice of the peace living in or near such town or place, who
hath, hereby, power to examine such suspected person ; and if by his
confession, or the testimony of one or more witness or witnesses, upon
oath, or by the knowledge of such justice of the peace, or any other
proof, it shall appear or be found that such suspected person is a listed
or impressed soldier, as is aforesaid, tho' listed or impressed in any
other government, and that he ought to be with the troop or company
to which he belongs, such justice of the peace shall, forthwith, cause
him to be conveyed to the goal of the county or place where he shall be
found, and transmit an account thereof to the commander-in-chief or

To be returned, secretary of this province ; and such deserter shall be returned to his

SeirVe^iT^ce,'° scrvicc by the first opportunity, and the keeper of such goal shall re-
c[ie][ei]ve the full subsistence of such deserter or deserters, during the
time that he or they shall continue in his custody, for the maintenance
of the said deserter or deserters, but shall not be intitled to any fee or
reward on account of the imprisonment of such deserter or deserters.

And for the better encouragement of any person or persons to secure
or apprehend such deserters, —

[3d Sess!]

Province Laws. — 1755-56.

875

Be it further enacted,

[Sect. 2.] That upon the certificate of such justice of the peace, to Allowance for
the province treasurer, there shall be paid by him to such persons as de^eners.'^"'^
shall apprehend, or cause to be apprehended, any deserter from his maj-
esty's said service, twenty shillings and the costs of prosecution, to be
deducted out of his wages, for every deserter that shall be so appre-
hended and committed. \_Passed and inihlislied September 9.

CHAPTER 15.

AN ACT FOE, APPORTIONING AND ASSESSING A TAX OF EIGHTEEN
THOUSAND POUNDS.

Whereas, by an act made and passed this session, the treasurer of
the province is enabled to borrow a sum, not exceeding sixteen thousand
pounds, to be applied towards defreying the charges of the expedition
against Crown Point, and to give his receipts and obligation to repay
the same, with interest, b}' the thirtj'-first of March, one thousand seven
hundred and fifty-six ;, wherefore, for the effectual drawing the sum of
sixteen thousand pounds, and interest, into the treasur}', so as to enable
the treasurer to discharge the notes that may be given in pursuance of
said act, we, his majesty's most loyal and dutiful subjects, the represent-
atives in general court assembled, pray that it may be enacted, —

And he it accordingly enacted by the Lieutenant-Governour, Council
and House of Bejyresentatives,

[Sect. 1.] That each town and district within this province be as-
sessed and pa}', as such txswn and district's, proportion of the sum of
eighteen, thousand pounds, the several sums following ; that is to
say,—

IN THE COUNTY OF SUFFOLK.

Boston,
Roxbuiy,

Dorchester,
Milton,

Braintree,

"Weymouth,

Hingham,

Dedham,
Medfleld,

Wrentham,
Brook line,
Nccdham,
Stonghton,
Mcdway,
Bellingiiam,
Hull, .
Walpole,

Chelsea,

£2,965 10s. Od.

1C6 10 0

164 15 6

87 10 6

189 19 6

111 19 6

197 2 0

130 19 0

81 0 0

138 10 0

50 8 0

66 9 0

113 0 0

66 9 0

25 16 0

30 16 6

49 8 0

68 15 6

£4,704 ISs.Od.

Two thousand nine hundi'ed and sixty-five

, pounds ton shillings.

One hundred and sixty-six pounds ten shillings.

One hundred and sixty-four pounds fifteen shil-
lings and sixpence.

Eighry-scven pounds ten shillings and sixpence.

One hundred and eighty-nine pounds nineteen
shillings and sixpence.

One hundred and eleven pounds nineteen shil-
hngs and sixpence.

One hundred and ninety-seven pounds two shil-
Ungs.

One hundred and thii'ty pounds nineteen shil-
lings.

E igh ty-on e 'pounds .

One hundi'ed and thkty-eight pounds ten shil-
lings.

Fifty pounds eight shillings.

Sixty-six pounds nine shillings.

One hundred and tliiiteen pounds.

Sixtj'-six pounds nine shillings. .

Twenty-five pounds sixteen shillings.

Thirty pounds sixteen shillings and sixpence.

Forty-nine pounds eight shillings.

Sixty-eight pounds fifteen shillings and six-
pence.

876

Province Laws. — 1755-56.

[Chap. 15.]

IN THE COUNTY OF ESSEX.

Salem, .

Danvers,
Ipswich,

Newbury, .

Marblehead,

Lynn, .

Andover,

Beverly,
Rowley,
Salisbury, .

Haverhill, .

Glo[«<]cester,
Topsfield, .
Boxford,
Almsbury, .
Bradford,
Wenham,
Middleton, .

Manchester,
Meth[ewi][«e]n,

£283 lOs.Od.

157 13
404 11

520 14 6

308 18 6

166 8 6

228 7 6

141 10 6

144 0 0

113 5 0

132 19 6

23.5 8 6

63 0 0

83 6 6

104 8 0

93 9 0

52 19 0

47 0 6

37 17
60 6

£3,379 13s. 06?.

Two hundred and eighty-three pounds ten shil-
lings.

One luindred and fifty-seven pounds thirteen
shillings.

Four hundred and four pounds eleven shillings.

Five hundred and twenty pounds fourteen shil-
Ungs and sixpence.

Three hundi-cd and eight pounds eighteen shil-
hngs and sixpence.

One hundred and sixty-six pounds eight shil-
lings and sixpence.

Two'hundrcd and twenty-eight pounds seven
shillings and sixpence.

One hundred and forty-one pounds ten shilhngs
and sixpence.

One hundred and forty-four pounds.

One hundred and thirteen pounds five shillings.

One hundred and thirty-two pounds nineteen
shillings and sixpence.

Two hundred and thirty -five pounds eight shil-
lings and sixpence.

Sixty-three pounds.

Eighty-three pounds six shillings and sixpence.

Olio hundred and four pounds eight shillings.

Ninety-three pounds nme shillings.

Fifty-two pounds nineteen shillings.

Forty-seven pounds [and sixpence].

Thu-ty-scven pounds seventeen shillings and six-
pence.

Sixty pounds six shillings.

IN THE COUNTY OF MIDDLESEX.

Cambridge, .

Charlestown,
Watertoivn, .
Wobm"n,

Concord,
Newton,

Sudbury, .
Marlborough,
Billerica,
Framingham,

Lexington, .
Chelmsford,

Sherburne, .

Reading,

Maiden,

Weston,

Medford, .

Littleton,

Hopkinston,

Westford, .

Shkley,

Waltham, .

Townshend,

Stow, .

Stoneham, .

Groton,

Wilmington,

Natick,

Dracut,

Bedford,

Holliston, .

Tewksbuiy,

£125 Us.Od.

162 13 0

66 13 6

117 0 0

74 12 6

117 0 0

126 10 6

126 0 0

73 16 0
96 6 0

74 7 4
72 0 0

49 14 6

118 16 0
94 16 0
55 18 0
93 4 «

50 11 0
44 2 0
48 12 0
12 7 6
62 5 0
27 10 6
44 2 0
31 11 6
88 17 0.
36 0 0

25
35

41
40

1 0

8 0

6 6

2 6

35 8 0

One hundred and twenty-five pounds fourteen
shillings.

One hundred and sixty-two pounds thhteen
shillings.

Sixty-six pounds thirteen shillings and sixpence.

One hundred and seventeen pounds.

Seventy-four pounds twelve shillings and six-
pence.

One hundred and seventeen pounds.

One hundred and twenty-six pounds ten shillmgs
and sixpence.

One hundred and twenty-six pounds.

Seventy-three pounds sixteen shillings.

Ninety-six pounds six shillings.

Seventy-four pounds seven shillings and four-
pence.

Seventy-two pounds.

Forly-nine pounds fourteen shilhngs and six-
pence.

One hundred and eighteen pounds sixteen shil-
lings.

Ninety-four pounds sixteen shillings.

Fifty-five pounds eighteen shillings.

Nincty-thicc pounds four shillings and sixpenc >

Fifiy pounds eleven shillings.

Forty-four pounds tvro shillings.

Forty-eight pounds twelve shillings.

Twelve pounds seven shillings and sixpence.

Sixty-two pounds five shillings.

Twenty-seven pounds ten shillings and sixpenc .

Forty-four pounds two shillings.

Thirty-one pounds eleven shillings and sixpena-.

Eighty-eight pounds seventeen shillings.

Thirty- six pounds.

Twenty-five pounds one shilling.

Thirty-five pounds eight shillings.

Forty-one pounds six shillings and sixpence.

Forty pounds two shilhngs and sixpence.

Thu-ity-five pounds eight shillings.

[3d Sess.j Provixce Laws. — 1755-56.

In the County of Midth.esex — Continued.

877

Acton

£26

2s. Od.

Twenty-six pounds two shillings.

Tliirty-three pounds eleven shillings and six-

Dunstable, .

11 6

pence.

Pepper [r] ell,

8 0

Twenty-eight pounds eight shillings.

Lincoln,

4 2

Fiftv-three pounds four shilliniis and twopence.

Carlisle,

16 0

Thirty-four pounds sixteen shillings.

£2,444

%s.M.

IN THE COUNTY OF HAMPSHIRE.

One hundred and seventy-five pounds four shil-

Springfield, .

£175

4s. M.

lings.

Northampton,

Ninety-six pounds ten shillings and sixpence.
Fifty-three pounds eighteen shillings and six-

Hatfield, .

•53

pence.

Wcstfield, .

Seventy pounds two shillings and sixpence.

Enfield,

Fifiy-two pounds two shillings and sixpence.

Deerfield, .

Thirty-six pounds two shillings and sixpence.
Seventy-seven pounds fifteen ' shillings and six-

Sheffield, .

77 15

pence.

Northfield, .

Eighteen pounds sixteen shillings and sixpence.

Hadlev,

Sixty pounds five shillings and fourpence.

Suffici'd,

Niiicry-!-ix ))oniids fifteen shillings.

Seventeen pounds sixteen shillings and ten-

Sunderland,

pence

Montague, .

Thirteen pounds one shilling and twopence.

Brim field, .

Fitiy-ninc jionnds five shillings.

Somers,

Thirty re vcn pounds four shillings.

Southampton,

Nineteen pounds ten shillings.

Thirty -two pounds eight shillings and eight-

South Hadley, .

pence.

Palmer,

Twenty-two pounds four shillings.

Pelham, ;

Eighteen pounds eighteen shillings.

Bedford,

Twelve ])ounds twelve shillings.

Coldspring, •

Twelve pounds twelve shillings.

Greenwich, .

Fourteen pounds two shillings.

Blandford, .

7 19

Seven pounds nineteen shilhngs.

New Salen^
New MarllToro', .

Nino pounds.

Thirteen pounds ten sliillings.

No. One, in the line of

towns.

Nine pounds.

"Ware River,

Nine pounds.

Stockbridgc,

Eighteen jiounds.

Roadtown, .

7 10

Seven pounds ten shillings.

Greenfield, .

Sixteen pounds four shillings and sixpence.

£1,087 IQs.M.

IN THE COUNTY OF WORCESTER.

Worcester, .

£94 19s

Ninety-four pounds nineteen shillings.

Lancaster, .

108 0

One hundred and ei£;ht pounds.

Mendon,

103 10

One hundred and three pounds ten shillings

Woodstock,

116 8

One hundred and sixteen pounds eight shillings.

Eighty-four pounds nineteen shillings and

six-

Brookfield, .

84 19

pence.

Oxford,

45 19

Forty-five pounds nineteen shillings.

Charlton, .

11 10

Eleven pounds ten shillings.

Eighty-two pounds eleven shillings and

six-

Sutton,

82 11

pence.

Rutland,

59 11

Fifty-nine pounds eleven shillings.

New Braintree, .

5 0

Five pounds.

District of Rutland, .

8 10

Eight pounds ten shillings.

Leicester, .

56 10

Fifty-six pounds ten shillings.

District of Spencer, .

28 5

Twenty-eight pounds five shillings.
Forty- [six] [eighf] pounds eight shillings

and

Southborough, .

46 8

sixpence.
Sixty-four pounds seventeen shillings and

six-

Westborough,

64 17

pence.

Shrewsbury,

75 12

Seventy-five pounds twelve shillings.

878

PnoviNCE Laws. — 1755-56. [Chap. 15.]

In the County op "Worcester— CoM^mwetf.

Lunenburg, .

£63 7s. 6d.

Sixty-three pounds seven shillinccs and sixpence.

Uxbridge, .

57 7

Fiftv-scven pounds seven shillings and sixpence.

Harvard,

52 1

Fiffy-two pounds one shilling.

Dudley,

34 4

Thirty-four pounds four shlllin,gs.

Bolton,

51 18

Fifty-one pounds ei2;htccn shillinsrs.

Upton,,

28 13

Twenty-eight pounds thirteen sliillings.
Twenty-two pounds eight shillings and six-

Sturbridge, .

22 8

pence.

Leominster, .

27 0

Twenty-seven pounds.

Hardwick, .

33 6

Thirty-three pounds six shillings.

Holdcn,

17 2

Seventeen pounds two shillings.

AVestcrn,

26 2

Twenty-six pounds two shillings.

Dousjlass, .

7 10

Seven pounds ten shillings.

Grafton,

43 16

Forty-three pounds sixteen shillings.

Petersham, .

19 10

Nineteen pounds ten shillings.

£1,476 I6s.6d.

IN THE COUNTY OF PLYMOUTH.

Plymouth, .

£144 Os

Od.

One hundred and forty-four pounds.

Scituate,

198 0

One hundred and ninety-eight pounds.

Duxbury, .

65 5

Sixty-five pounds five shillings.

One hundred and tliu-ty-four pounds eleven

Marshfield, .

134 11

shillings.
Two Inindred and twenty-eight pounds eighteen

Bridgwater,

228 18

shillings.
One hundred and sixty-four pounds six shil-

Middleborough, .

164 6

lings and sixpence.

Rochester, .

99 1

Ninety-nine pounds one shilling and sixpence.

Plympton, .

83 17

Eight.y-three pounds seventeen shillings.
Eighty-one pounds sixteen shillings and six-

Pembrook, .

81 16

pence.

Kingston [e].

48 9

Forty-eight pounds nine shillings.

Hanover,

58 4

Fifty-eight pounds four shillings.

Abbington, .

67 10

Sixty-seven pounds ten shillinirs.

Halifax, .

39 18

Thirty-nine pounds eighteen shillings.

Warham, .

41 8

Forty-one pounds eight shillings.

£1,455 4s

6d.

IN THE COUNTY 'OF BARNSTABLE.

Barnstable, .

£126 Os.Od.

One hundred and twenty-six pounds.

Yarmouth,

82 10 0

Eighty-two pounds ten shilUngs.

Sandwich,

90 0 0

Ninety pounds.

Easthana,

102 12 0

Ona hundred and two pounds twelve shillings.

Harwich,

79 13 0

Seventy-nine pounds thirteen shillings.

Chatham,

45 4 6

Forty-live pounds four shillings and sixpence.

Truro, .

48 10 6

Forty-eight pounds ten shillings and sixpence.

Falmouth,

55 16 0

Fifty-five pounds sixteen shillings.

£630 6s. Qd.

IN THE COUNTY OF BRISTOL.

Taunton,

Rehoboth, .
Swanzey, with Shawa-
met, ....
Dartmouth, .

Norton,

Attleborough,
Dighton,
Freetown, .

£173 15s

6d.

249 1

110 11
324 0

0
0

108 13

118 13
76 13
70 16

0
0
0

One hundred and seventy-three pounds fifteen
shillings and sixpence.

Two hundred and forty-nine pounds one shil-
ling and sixpence.

One hundi-ed and ten pounds eleven shillings.

Three hundred and twenty-four pounds.

One hundred and eight pounds thuteen shillings

and sixpence.
One hundred and eighteen pounds thirteen

shillings.
Scvcnty-six pounds thirteen shillings.
Seventy pounds sixteen shillings.

[3d Sess.]

Province Laws. — 1755-56.

879

In the County of Bristol — Continued.

Raynham, .

Easton,

Berkley,

£45 15s. Of?.
52 11 6
40 17 6

£1,371 Is.Qcl.

Forty-five pounds fifteen shillings.

Fifty-two pounds eleven shillings and sixpence.

Forty pounds seventeen shillings and sixpence.

One hundred and seventy-six pounds five shil-

York, ....

£176 5s

Oaf.

lin£?s.

Kittery,

207 0

Two hundred and seven pounds.

Wells

79 4

Seventy-nine pounds four shillings.

Berwick,

108 0

One hundred and eight pounds.

Falmouth, .

171 0

One hundred and seventy-one pounds.

Biddcford, .

72 12

Seventy-two pounds twelve shilUngs.

Arundel,

40 7

Forty pounds seven shillings.

Sixty-one pounds seventeen shillings and six-

Scarborough,

61 17

pence.
Twenty-six pounds eighteen shillings and six-

North Yarmouth,

26 18

pence.
T^^•cntv-eight pounds eleven shillings and six-

Georgetown,

28 11

pence.
Twenty-five pounds fourteen shillings and six-

Bmnswick, .

25 14

pence.

Sheepscut, .

18 0

Eighteen pounds.

£1,015 10s

dd.

IN THE COUNTY OF DUKES COUNTY.

Edgartown, ,
Chilmark, ,
Tisbury,

£69 12s. Od.
62 9 6
39 18 0

£171 \9s.%d.

Sixty-nine pounds twelve shillings.
Sixty-two pounds nine shillings and sixpence.
Thu'ty-nine pounds eighteen shillings.

IN THE COUNTY OF NANTUCKET.

Sherburne,

£262 Is.M.

Two hundred and sixty-two pounds seven shil-
lings.

Suffolk,

Essex, .

Middlesex,

Hampshire,

Worcester,

Plymouth,

£4,704 18s

Od.

3,379 13

2,444 8

1,087 10

1,476 16

1,455 4

Barnstable,

Bristol,

York,

Dukes County,

Nantucket,

£630

6s. M.

1,371

1,015

171

262

£18,000 Qs.M.

And he it further enacted.,

88Q

Province Laws.— 1755-56. [Chap. 16.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-fourth day of September, A. D.

1755-

CHAPTER 16.

Exportation of
warlike stores,
and provisions,
prohibited : —

saving.

Penalty, &c., for
breach of this
act.

Governor and
council may
prolong the
time above.

Proviso for sea,
or land, forces.

AN ACT FOR PREVENTING THE EXPORTATION OF PROVISIONS AND
WARLIKE STORES OUT OF THIS PROVINCE.

Be it enacted by the Lieutenmit-Governoiir, Council and House oj
Representatives^

[Sect. 1.] That no warlike stores, or provisions of any kind what-
soever, fish only excepted, shall be exported or carried out of any port
or harbour in this province, in any vessel whatever, before the first day
of December next : saving only such provisions or warlike stores as
are necessary for the defence of each respective vessel outward bound,
and victualling the mariners on board the same, during their intended
voyage, and whereof an account, in writing, shall be given b}^ the
master of such vessel, on oath, to the impost officer or his deputy,
(and where there is no impost officer or deputy, then to a justice of the
peace or the town clerk) on pain of one thousand pounds lawful money,
to be forfeited and paid by the master, and the like sum b}'' the owner
and owners, factor and factors of each respective vessel in which any
warlike stores or provisions shall be exported or carried out of any
port or harbour in this province ; one moiety thereof to the use of this
government, and the other moiety to him or them that shall inform or
sue for the same ; and such masters, owners and factors, respectively,
upon their being convicted of the offence aforesaid, at the superio[w]r
court of judicature, court of assize and general goal delivery, shall be
further liable to stand in the pillory, and have one of their ears cut off.

A7id be it further enacted,

[Sect. 2.] That if the governour or commander-in-eh [ei] [ie]f for the
time being shall see fit, with the advice and consent of the council, to
issue a proclamation, prohibiting the exportation of provisions or war-
like stores out of this province, for any time after the said first day of
December next, not exceeding the first day of Mai'ch next after, the
master, and owner and owners, factor and factors, of any vessel or
vessels on board of which such provisions or warlike stores shall be
exported contrary to such proclamation, shall be, respective!}', liable to
the same pains and penalties as if the same had been exported before
the said first day of December, contrary to this act.

Provided, ahvays, — *

[Sect. 3.] That it shall and may be lawful for any provisions or
warlike stores to be exported for the service of his maj[es]ty's sea
or land forces, on board any vessel or vessels licenced for that purpose
by the governour or co mm [an(^e]r-in- chief for the time being, with
the advice of the council.

[4th Sess.] Peovixce Laws.— 1755-56. 881

Provided, also, —

[Sect. 4.] That it shall and may be lawful for provisions and Proviso for
warlike stores to be laden and transported on board an}' coasting ves- ^Ojl^'^'s-'^'esseu,
sel or vessels passing from one port to another within this province,
bond being first given, in a thousand pounds, lawful[l] money, with suffi-
cient sureties, to the impost officor or his deputy (and where there is
no impost officer or deputy, then to a justice of the peace or the town
clerk) to reland the same in some town or district in this province, and
to return a certificate thereof from the deputy impost-officer residing in
the town or district where they are so relanded, or from the town or
district clerk of such towns or districts where no deputy impost-officer
resides.

Provided, also, —

[Sect. 5.] That in such towns where the fishery is carried on, and ^''^ng^^jfereihe
out of which vessels coasting from one port to another, in this province, fishery is carried
and wherein neither the impost officer or his deputy dwells, the masters °°*
of such fishing, or coasting, vessels may render the account aforesaid,
on oath, to a justice of the peace, or the town clerk of the respective
towns out of w[/ti]ch they sail, who is hereb}' impowered to take the
same ; and the account so taken and attested shall be by them trans-
mitted to the impost officer, w[Zti]ch shall be as effectual as tho' the
same were taken by him or his deputy.

And be it enacted,

[Sect. 6.] That the impost officer shall be allowed one shilling for impost officer,
each bond so taken, and every justice and town or district clerk the "* °*^'
like sum for every such certificate by them respectively transmitted as
afores[ai]d, to be paid by the master.

And be it farther enacted,

[Sect. 7.] That if any of his majesty's subjects of this province, Penalty for hold
shall hold any correspondence or communication with any inhabitants ence or con°mu.
of Louisbourg, or any other of the French settlem[e?i]ts in North nicationwith
America, either by land or water, or if any person or persons belonging Louisbourg, &c
to this province shall go or send to Louisbourg, or any other French set-
tlement in No[r;7i] America, during the continuance of this act, the
ship, sloop or other vessel employed, with all her tac[7t;]l[l]e and
appurtenances, and her cargo, shall be forfeited, one half to his majesty
for the use of this province, the other half to him or them who shall
inform and sue for the same in any of his maj[es]ty's courts within
this province proper to try the same ; and the master of any ship or
other vessel, so employed, shall be further liable to have one ear cut off,
and be publickly whipped thirty-nine lashes, and be rendred forever
incapable of holding any place of honour or prof[/] it under this gov-
[ernme>i]t, and the owner or owners, and factor or factors of the
owner or owners, of such ship or other vessel shall forfeit and pay,
each, five hund[re]d pounds, to be recovered and disposed of as above,
and also be forever disabled to hold any place of honour or profit under
this government. [^Passed September 30 ; published October 1.

Ill

882

PiiovixcE Laws.— 1755-56. [Chap. 17.]

CHAPTEK 17.

AN ACT FOR CONFIRMING THE PROCEEDINGS OF THE GENERAL AS-
SEMBLY CONVENED ON THE FIFTH OF SEPTEMBER, ANNO DOMINI
1755.

Preamble.

All proceedings
of the late con-
vention of the
general court
confirmed.

Whereas, upon advices of great importance received from the troops
gone upon an expedition against Crown Point, his honour the lieuten-
ant-governour and commander-in-chief, and his majesty's council, judged
it absolutely necessary that the general assembly, which stood prorogued
to the twent3'-fourth day of September instant, should be sooner con-
vened, and the same was accordingly convened, by his honour's procla-
mation, and held on the fifth of the same month, and, from day to day,
continued until [1] the ninth instant, during which time, divers matters
of publick importance were transacted ; and tvhereas some doubt may
possibly arise touching the legality of the proceedings of that assembly,
held before the time to which the same stood prorogued ; therefore,
for the preventing or removing all doubts and disputes touching the
same, —

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

That all votes, orders, laws and other matters, made, pass[e]'d or
transacted by the general assembly convened and held on the fifth of
this instant September, and which was held until [I] the ninth da}'' of
the same, be and they are hereby established and confirmed, and shall,
to all intents and purposes, be deemed valid and effectual in the law, as
if the great and general court or assembly had stood prorogued to the
said fifth day of September, and had been then held, and the same
votes, orders, laws and other matters had been pass'd or transacted by
the said great and general court during such their session. [^Passed
September 27 ; * published October 1.

Signed September 29, according to the record.

[5th Sess.] Province Laavs. — 1755-56. SS3

ACTS

Passed at the Session begun and held at Boston,
ON THE Twenty-second day of October, A. D.

1755-

CHAPTER 18.

AN ACT IMPOWERING THE PROVINCE TREASURER TO BORROW THE
SUM OF FIVE THOUSAND POUNDS, AND FOR APPLYING THE SAME
TO DEFREY THE CHARGES OF THE INTENDED EXPEDITION AGAINST
CROWN POINT.

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

[Sect. 1.] That the treasurer of the province be and hereby is im- Treasurer em.
powered and directed to borrow, of such persons as shall be willins^ to P°^^'\i;:''),m ^'"'

'^ ' ' ^ row £5,000.

lend the same, a sum, not exceeding five thousand pounds, in Spanish
mlU'd dollars, at six shillings each, or in other silver at six shillings and
eightpence per ounce ; and the sum so borrowed shall be applied b}''
the treasurer for the payment of all such draughts as shall be drawn on
him by the governour or commander-in-chief for the time being, by and
with the advice of the council, for the service of the intended expedition
against Ci'own Point ; and for ever}- sum so borrowed, the treasurer
shall give a receipt and obligation in the form following ; viz''^., —

Pi-oviQce of the Massachusetts Bay, the day of 1755. Form of troas-

Received of the sum of , for the use and service of "■^^'''s receipt.

the province of the Massachusetts Bay, and, in behalf of said i^rovince, I do
hereby promise and oblige myself and successors iu the office of treasurer
to repay the said or order, on or liefore tlie first day of June, [one

thousand seven hundred and fifty-seven] \_1757'\, the afores[ai]d sum of
, in coined silver of sterling alloy, at six shillings and eight-
pence per ounce, or Spanish mill'd dollars of full weight, at six shillings
each, with interest annually, at the rate of six per cent per annum.

Witness my hand, A. B., Treasurer.

And to enable the treasurer to discharge the said obligations, —

Be it further enacted^

[Sect. 2.] That there be and hereby is granted to his most excel- Tax of £5,6oo,
lent majesty a tax of five thousand six hundred pounds, to be levied on ^^^*^'^'
the polls and estates within this province, according to such rules as
shall be ordered by the general court of this province at their sessions
in May, one thousand seven hundred and fifty-six.

And he it further enacted,

[Sect. 3.] That in case the general court shall not, at their sessions in Rule for appor-
May, one thousand seven hundred and fifty-six, agree and conclude upon 11°"^"^ ,^,o\ax^'
a tax act to draw into the treasury the afores[ai]d sum of five thousand act shall be
six hundred pounds, that then the treasurer of the province, for the time "sreedon.
being, shall issue his warrants, directed to the selectmen or assessors of

884

Peovixce Laws.— 1755-56. [Chaps. 19, 20.]

the several towns and districts in this province, requiring them respect-
ively to assess, levy and pay in their respective proportions of said
sum, according to the rates and proportions, rules and directions of the
last preceeding tax act. \_Passed and published November 5.

CHAPTER 19.

AN ACT FOR GRANTING THE SUM OF THREE HUNDRED POUNDS, FOR
THE SUPPORT OF HIS HONOUR THE LIEUTENANT-GOVERNOUR AND
COMMANDER-IN-CHIEF.

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

That the sum of three hundred pounds be and hereby is granted unto
his most excellent majesty, to be paid out of the publick treasury, and to
be taken out of the next supply, to his honour Spencer Phips, Esq[uire],
lieutenant-governour and commander-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 the province. \_Passed
October 29 ; * published November 5.

CHAPTER 20.

AN ACT TO PREVENT THE SUBJECTS OF THE FRENCH KING BEING
SUPPLYED WITH PROVISIONS.

Persons to be
appointed by
the commiinder.

Preamble. "Whereas it hath been represented to this court that a vessel with

Frenchmen on board, that had lately clear[(?]d out from a port in New
England for the West Indies, has been in divers harbours at or near
Martha's Vineyard, with intent, as is suspected, to procure provisions
for the French inhabitants of Louisbourg[h] ; and as other vessels ma}'
put into the same or other harbours, with the same intent, —

Be it therefore enacted by the Lieutenant-Governour,, Council and
House of Representcdives,,

[Sect. 1.] That it shall and may be lawful for the commander-in-
chief of this province to appoint some meet person in each town or
in-chief, for seiz- placc whorcat vesscls may probabl}- put in for provisions for the suppl}'
vefseisT&c. of the subjccts of the French king, and the several persons so to be
appointed be and the}' are hereby authorized to make seizure of all
vessels having the subjects of the French king on board, and to cause
the same to be conveyed to such harbour or place within the province as
shall be most convenient for securing them, as also to apprehend and
conQne such Frenchmen as shall be found on board such vessel or ves-
sels ; and shall forthwith give notice thereof to the commander-in-chief,
for his orders touching the same.
And be it further enacted,,

[Sect. 2.] That every person appointed as afoi'esaid to the service
aforesaid, be and they are hereby impowered to demand and take all
needful assistance in the execution of their office ; and every person
neglecting or refusing his assistance, upon demand thereof made in his

* Signed October 28, according to the record.

[5th Sess.] Pr.oviNCE Laws.— 1755-56. 885

maiestv's name, by any or either of the officers aforesaid, shall forfeit Penalty for de-
and pay, for the use of this province, a sum not exceeding five pounds, assistance,
at the discretion of any one or more of his naajesty's justices of the
peace of the same county, before whom the offender or offenders shall
be convicted : and in case of neglect or refusal to pay the same, such
offender or offenders shall be punished by imprisonment not exceeding
ten da^'s ; and every justice of the peace, upon complaint made of such
offence committed within the limits of his county, is hereb}' authorized
to hear and determine the same.

A7id be it further enacted,

[Sect. 3.] That every person to be appointed by the commander- officers to be
in-chief for the service aforesaid, shall, before he shall enter upon the
execution of his trust, be under oath, to be administred to him by a
justice of the peace, for the faithful performance of the same ; and a To be aiiowcri
meet allowance shall be made to such officer and his assistants for their
time and trouble, as the governour and council shall determine, to be
paid out of the seizure, in case any vessel so seized should, bv due
process in the law, be condemned, or otherwise out of the publick
treasury.

[Sect. 4.] This act to continue and be in force during the continu- Continuance of
ance of an act of this government, made and pass'd on the first instant,* chappie.' ^^^^'
intit[u]led "An Act for preventing the exportation of provisions and
warlike stores out of this province." [^Passed November 1 ; publislied
November 5.

CHAPTER 21.

AN ACT FOR ESTABLISHING CERTAIN RECOGNIZANCES ENTRED INTO
BY PERSONS HERETOFORE LICEN[S][C]ED TO BE INNHOLDERS, TAV-
ERNERS AND RETAILERS.

Whereas in order to secure the payra[(^».]t of the duties of excise preamble,
granted upon spirits distilled, and wine, and upon limes, lemmons and
oranges, to those who might farm the same, many persons, heretofore
licen[s][c]ed to be innholders, taverners and retailers, have recognized,
with sureties, in certain sums, to such persons as were or should be farm-
ers of the duties aforesaid, without expressly naming them, or otherwise
ascertaining the recognizees, and thereupon have sold wine, and spirits
distilled, by retail ; and ivhereas a doubt has arisen whether those recog-
nizances are effectual to enable the farmers cf the duties aforesaid to re-
cover the sums to them respectively due from the persons so Keen [s] [c] ed,
or were sufficient to justifie them in selling wine, and spirits distilled, b}'
retail ; wherefore for removing such doubts, securing to the farmers
aforesaid their just dues, and to the persons so licen[s][c]ed the priv-
iledge thereb}- intended to be granted them, —

Be it enacted.by tJie Lieute7iant-Governour, Council and House of Rep'
resentatives,

That the farmers of the duties aforesaid, and also the persons so Recognizances
licen[s][c]ed to be innholders, taverners or retailers, shall and may avail exciseft™t"nd'
themselves, respectively, of the recognizances aforesaid, and of all recog- good. '
nizances heretofore enti'cd iivto in any of the courts of general sessions
of the peace in this province, or before one or more justices out of court,
in consequence of such licen[s][c]e granted, in like manner, and in all

* Sic : the bill had passed to be engrossed in the House, and took its first reading in
the Council, October 28.

886

Province Laws. — 1755-50. [Chap. 22.]

respects, as they might have done, if the persons, respectivel3% who farmed
the duties afores[az]d, had been therein expressly named as recog-
nizees ; and the several reco2;nizances are hereby deemed and declared
to be valid and eflectual for the purposes aforesaid. [^Passed and pub-
lished November 7.*

CHAPTER 22.

AN ACT IN FURTHER ADDITION TO THE ACT FOR LIMITATION OF
ACTIONS, AND FOR AVOIDING SUITS IN LAW WHERE THE MATTER
IS OF LONG STANDING.

Preamble.
1753-54, chap. 34.

1748-49, chap. 17.

Time for bring-
ing actions of
the case, to be
extended.

This act to be
read in towns
and districts.

Whereas, by a law of this province, [e][i]ntitled " An Act in further
addition to the act for the limitation of actions, and for avoiding suits
at law where the matter is of long standing," made and pass'd in the
twent3--seventh year of his present majesty's reign, the time limited for
commencing all actions of account, and upon the case, excepting such
as are excepted in another act, [e][i]ntitled "An Act in addition to
and for the explanation of an act, [e][i]ntitled ' An Act for the limita-
tion of actions, and avoiding suits at law where the matter is of long
standing,' " made and pass'd in the twenty-second 3'ear of his present
majesty's reign, will expire the last da}' of March next ; cmd lohereas
there are great numbers of men now in the publick service who, if
debtors, are b}' law exempted from arrests for any debt less than ten
pounds in value, and, if ci'editors, are, by reason of their absence, under
disadvantages for recovering their just dues, and it is thereby become
impracticable to have such accounts and actions settled within the time
now limited by law for that purpose, —

Be it therefore enacted by the Lieutenant-Govemour, Council and
House of lieji^'esentatives,

[Sect. 1.] That the time for commencing of actions of the case,
upon notes of hand, or upon book accounts, limited by the said act of
the twenty-second, or by said act made in the twenty-seventh, year of
his present majesty's reign, shall be and is hereby extended to the last
day of March, which will be in the j-ear of our Lord one thousand and
seven hundred and fifty-eight ; and no suit hereafter to be brought in
such cases shall be barred if commenced before the expiration of said
term.

And that this law may be more generall}' known, —

Be it further enacted,

[Sect. 2.] Tliat the clerk of every town and district within this
province shall read, or cause the same to be read, in their respective
towns and districts, at their anniversary meetings in March and May,
annually ; and the justices of the several courts of common pleas
within the respective counties shall cause the same to be publickly read
at the opening of their courts, from time to time, after the publication
of this act, and until [1] the last day of March, one thousand seven hun-
dred and fifty-eight. [^Passed October 31 ; -piMished November 5.

* On the engrossment the date of publication is given as Noveml:)er5, although the usual
memorandum on the face of the act gives the date of passaw, in l)oth Ijrancbes, and the
lieutenant-governor's signature, as November 7, herein agreeing with the record. A printed
copy also gives the saine date of publication. Tiic date on the engrossment, however,
appears to have been altered by writing the figure 5, over 7; and as the latter seems the
more probable date it has been followed above.

[6th Sess.] Province Laws.— 1755-56. 887

ACT

Passed at the Session begun and held at Boston,
ON THE Eleventh day of December, A. D. 1755.

CHAPTER 23.

AN ACT MAKING PROVISION FOR THE INHABITANTS OF NOVA SCOTIA,
SENT HITHER FROM THAT GOVERNMENT, AND LATELY ARRIVED IN
THIS PROVINCE.

Whereas clivers of the inhabitants and families of Nova Scotia have Preamble,
been sent, by order of the governour and council of that province, to
this government, and, to prevent their suffering, have been permitted
to land, and a committee was appointed b}- the great and general court
of this province to dispose of them in such manner as should be least
inconvenient to the province, which committee have accordingly dis-
posed of them in divers towns within the same, where they have been
supported in a great measure by said towns, it having been found
impracticable for many of them to support themselves, —

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

[Sect. 1.] That the courts of general sessions of the peace, and Sessions', jus-
the justices of the peace, in the several counties, and the overseers of mraVp'oweV^''
the poor, or the selectmen, of the several towns, where said inhabitants relating to the
or families may have been disposed of, as aforesaid, are hereby directed, NovaScotia.
authorized and impowered to employ, bind out or support said inhabi-
tants of Nova Scotia, in like manner as by law they would have been
impowered to do were they the inhabitants of this province.

Ayid he it farther enacted,

[Sect. 2.] That the selectmen or overseers of the poor in the sev- Selectmen or
eral towns in this government, where they have been disposed of, as °akran'nccount
aforesaid, shall keep an exact account of the necessary and unavoidable of the charges
charges they have been or may be at for their support, until [1] the tenth ° * eirsuppor
day of April next, and shall transmit the same to the secretary's office
for payment, and in order to ascertain the sum advanced by this gov-
ernment for the service and safety of Nova Scotia, as aforesaid.
[Passed December 24 ; published December 29.

888

Province Laws. — 1755-56. [Chap. 24.]

ACTS

Passed at the Session begun and held at Boston,
ON the Fourteenth day of January, A. D.

1756-

CHAPTER 24.

Preamble.

Samuel Grant,
Thomas mil,
Joshua Hen-
shaw, Joseph
Jackson, The.
Cushuig, Sam.
Hewcs and John
Scollay, select-
men of Boston,
allowed and
empowered to
set up and carry
on one or more
lotteries.

How the money
raised tliereby
shall be dis-
posed of.

Any three of
thi'm may be
managers or
directors.

AN ACT FOR RAISING A SUM OF MONEY, BY A LOTTERY OR LOTTERIES,
FOR THE PAVING AND REPAIRING THE NECK LEADING OUT OF THE
TOWN OF BOSTON, CALLED " BOSTON NECK."

"Whereas the neck leading out of the town of Boston, called " Boston
Neck," by reason of the great number of waggons and other heavy car-
riages passing over it, and the sea sometimes overflowing it, is fre-
quently out of repair, notwithstanding the great cost and expence the
town of Boston has been j^carly at for repairing the same ; and luhereas
the paving of said neck is the most effectual method of repairing and
keeping the same in good order and condition, and will require a con-
siderable sum of money to effect it ; for the raising whereof, —

Be it enacted by the Lieutenant-Goveruour, Council and House of
Representatives,

[Sect. 1.] That Mess[/e?i]rs Samuel Grant, Thomas Hill, Joshua
Henshaw, Joseph Jackson, Thomas Cashing, Samuel Hewes and John
Scollay, of Boston aforesaid, or any three of them, be and hereb}' are
allowed and impowered to set[t] up and carry on one or more lottery or
lotteries, amounting ia the whole to such a sum as, by drawing or de-
ducting ten per cent out of the same, or out of each prize or benefit
ticket[t] , may raise three thousand pounds, and no more ; and that the
said sum of three thousand pounds, raised b}^ the deduction aforesaid,
be, by the persons above named, paid to the town treasurer of Boston
aforesaid, within ten days after the sale of the ticket [t]s of said lottery
shall be compleated ; or, if the persons afores[ai]d shall think fit to raise
said sum of three tliousand pounds by more lotteries than one, then the
money raised by each lottoiy, by the deduction aforesaid, shall, within
ten days after the ticket [t]s of each lottery, respectiveh^, are sold, be
paid b}^ them to the treasurer aforesaid ; which sum of. three thousand
pounds, or whatever part thereof shall be so raised, shall be applied
towards the paving and repairing the neck aforesaid : saving so much
of said sum as shall be sufficient to defrey the necessary charges of the
lottery or lotteries aforesaid ; and to no other use whatsoever, except in
case of a surplusage, as in this act hereafter mentioned.

And he it further enacted,

[Sect. 2.] That the persons aforesaid, or any three of them, be, and
they are hereby declared to be, the managers or directors of each and
every of the said lottery or lotteries, and are hereby impowered to make
all necessary rules, and use all necessary methods, to manage and direct
the same, till the whole shall be fully compleated and finished.

[7th Sess.] Province Laws. — 1755-56. 889

And be it further enacted,

[Sect. 3,] That the said managers or directors, with all convenient Said mana^ors
speed, after the sale of the tickct[t]s of said lottery, or of each lottery, tTckctrmake*^
respectivel}', shall make preparation for the drawing the same, and shall preparation for
give notice in the public[k] prints, of the time and place of drawing, at ami gh^JpufAic
least ten days before the said drawing begins, that an}" of the adventur- "°"'='^ °^ ^^'^
ers, if they think fit, may be present at the dra,wing ; and after the said
drawing commences, they, the said managers, may adjonrn from da}- to
day, till the whole number of ticket[t]s of each lottery, respectively,
shall be drawn : provided, the drawing of any one of said lotteries
continue not longer than fifteen days, exclusive of Lord's Days.

[Sect. 4.] And the said managers or directors shall make, or cause Managers di.
to be made, a fair entry, in a book provided for that purpose, of all the proce'ldingl""'
ticket[t]s so drawn, and of the blanks and prizes drawn, answering to said
ticket[t]s, and within ten days after the drawing of each lottery, respect-
ively, shall be finished, they shall cause a list of the benefit-ticket [t]s,
expressing the number and the amount of each of them, to be printed in
the public[k] newspapers ; at the same time, in the said newspapers,
notifying the owners of such benefit-ticket[t]s of the time and place
when and where they may apply for the paym[en]t of such ticket [t]s ;
and if any contention or dispute shall arise in adjusting the property
of any of the said benefit-ticket[t]3, the major part of the managers
shall determine to whom it doth or ought to belong.

A.nd be it farther enacted,

[Sect. 5.] That the said benefit-ticket[t]s shall be paid oflT by the Benefit-tickets
managers aforesaid within twenty days after the drawing of each lottery, liK^Van^icM^^
respectively, is finished, upon application of the owner or owners of within twenty
such ticket[t]s, and delivering them up to be cancelled; and to secure Lfg.*'"^'^'' ^^^'
the paym[e)i]t of such benefit-ticket[t]3 to the owner or owners of them,
the said managers or directors, and their estates, are hereby held and
subjected to satisfy and make good the same, in like manner as they and
their estates are subjected by law to satisfy and make good their own
proper debts : provided, that if the money in said managers' hands shall
be lost by fire, or any other extraordinary or unavoidable accident,
the said managers, and their estates, shall not be so held and subjected.

And be it further enacted,

[Sect. G.] That if the owner or owners of any benefit-ticket [t] or Ownersofbcne.
ticket[t]3 shall, for the space of one year after the drawing aforesaid, appiyingfor*
neglect to apply for the payment of such ticket[t] or tickcL[t]s, unless tb^^ir money in
he, she or they shall have been at sea and out of the province for that term case, sfiaii not
of time (and to such person eighteen months shall be allowed to pro- ^heTame.'^ *°
duce their ticket[t]s), he, she or they shall not be entitled to receive the
same, but such ticket [t] and ticket [t]s are hereby declared to be cancelled
and of no value ; and the money in the hands of said directors, which
was to have been applied to the paym[e)i]t of such ticket[t]s, shall,
after the expiration of the term afores[aiJd, be immediately paid to the
town treasurer of said Boston for repairing and keeping in repair the
neck aforesaid.

And be it further enacted,

[Sect. 7.] That each manager or director afores[ai]d, before his
acting in the capacity of manager or director, as afores[ai]d, shall take
the following oath ; vizi^'^., —

I, A. B., do swear that I will faithfully execute the trust reposed in me, Managers' or
and that I will not use any indirect act or means to obtain a prize or benefit- ''"■actors' oath,
lot for myself, or any other person whomsoever, and that I will do the
utmost of my endeavour to prevent any undue or sinister practice t) be done
by any person whomsoever, and that I will, to the best of my jud^Jm[c?^]t,
declare to whom any prize, lot or ticket[t] does of right belong, according to

112

890

Peovixce Laws. — 1755-5G.

[CiiAP. 24.]

the true intent and meaning of the act of this province made in the twenty-
ninth year of his maj [es] ty's reign, [e] [jJ ntitled " An Act for the raising a sum
of money by a h)ttery or lotteries, for the paving and repairing the neck lead-
ing out of the town of Boston, called ' Boston Neck.' " So help me God.

Persons em-
ployed about
the lottery or
lotteries, to be
on oath.

In case the
whole number
of tickets in
each lottery
shall not bo sold
in six months
after publica-
tion of the
scheme, the
town of Boston
may take the
remainder to
their own ac-
count : pro-
vided.

In case of a sur-
plusage, how
the same shall
be disposed of.

Penalty for per-
sons who forge
or counterfeit
tickets, &c.

The managers
to commit such
to prison.

Managers to
keep account of
the time of their
attendance, and
exhibit the same
to the town.

— which oath shall be a(lminist[e]red by any justice of the peace in the
county of Suffolk ; and every person employed about the lottery or
lotteries aforcs[ai]d, by the directors afores[ai]d, shall take an oath
for the faithful performance of his trust, to be admiiiistred by any
one or more of the directors afores[a;'Jd, who are hereby impowered to
administer the same.

And he it further enacted.,

[Sect. 8.] That if the whole number of ticket[t]s of each lottery,
respectively, shall not be sold and disposed of by the said directors
within six months after the publication of the scheme of each lottery,
respectively, it shall and may be lawful for the town of Boston, if they
think fit, to take the-i'emaindcr of said ticket[t]s, undisposed of as afore-
s[ai]d, to their own acco[«?i]t; provided., that within one month after
the public[k] meeting of said town, to be called for that purpose, a sum
of money be raised, and paid to the directors afores[ai]d, suflicient to
purchase the remainder of said ticket [t]s, which shall, in that case,
be delivered to such person or persons as the said town shall appoint
to receive the same ; but if the whole of said ticket[t]s cannot be sold
within the term of six months afores[ai]d, and the town afores[a?']d
refuse to take the ticket[t]s remaining unsold as afores[ai]d, then the
money received by the said directors for the ticket [t]s sold shall be by
them returned to the owners of said ticket[t]s, upon their delivering up
their ticket[t]s to the said directors, and the charges arisen shall be
defr[a][e]yed by the said town of Boston ; provided, nevertheless, that
the said managers shall not hereby be prohibited from carrying on
said lottery or lotteries at any other time which they may judge suit-
able and convenient for the same.

And be it fartlier enacted,

[Sect. 9.] That if the sum raised by means of this act shall be
more than suflEicient to pave and repair the neck afores[ai]d, and de-
fr[a] [e]y the charges of the lottery or lotteries afores[ai]d, and pay the
managers afores[oi]d for their services, as hereinafter expressed, the
surplusage shall be applied towards the paving of such street or streets
in the town of Boston as the s[ai]d town shall direct.

And he it further enacted,

[Sect. 10.] That if any person shall forge or counterfeit any ticket
or tickets, to be made in consequence of this act, or alter any of the
numbers thereof, or utter, vend, barter or dispose of any false, altered,
forged or counterfeit ticket or tlcket[t]s, or bring such ticket or tickets,
knowing the same to be such, to the said directors, or any of them, or
to any other person, with a fraudulent intent, every such person or per-
sons, being thereof convicted, in due form of law, shall suffer such
pains and penalties as are by law provided in cases of forger}'.

[Sect. 11.] 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 false, altered, forged or
counterfeit ticket or tickets, as afores[a^]d, to be apprehended and
committed to close goal, to be proceeded against according to law.

A7id he it further enacted,

[Sect. 1-2.] That the directors or managers aforesaid shall keep a
particular acco[?i?t]t of the days of their attendance upon the service
afores[oi!]d, and for each day's attendance shall be allowed the sum of
six shillings, the same not to be paid out of the monies raised by virtue

[7th Sess.] Province Laws. — 1755-56. 891

of this act, unless there be a sufficiency for the purposes afores[o?"]d,
and for the pa3'm[e7?]t of such their allowances ; and, in case of a suffi-
ciency, they shall exhibit an acco[»?i]t of their attendance aforcs[a^]d
before a piiblicli meeting of the town afores[cu']d, which acco[?(n]t,
being examined and found just, shall be paid by the town treas[7/re]r
aforcs[a?']d, upon the order of s[a?']d town ; but in case there shall not
be a sufliciency, the town afores[ai!"]d shall make provision for the pa}--
m[en]t of such managers' allowance afores[a?"]d ; provided, that no Proviso,
more than tliree of the managers afores[a«]d shall be entitled to such
allowa[7(ce] for one and the same daj'.

And be it farther enacted,

[Sect. 13.] That the managers or directors afores[ai]d, after the Managers to
said lottery, or each of the s[ai'']d lotteries, respectively, is finished, shall IfthZsc^anT^
receive the acco[?ni]ts of all charges arisen thereon, and, having found orderpaymeut.
them just, shall certify the same upon s[ai]d acco[?trt]ts, and direct
the town trea?[«re]r afores[ai"]d to pay them of and discharge them.

And be it farther enacted, ■ '

[Sect. 14.] That the selectmen of the town of Boston afores[ai]d Selectmen of
for the time being, shall contract and agree for the paving and repairing timTbcuig, to"
the neck aforesra/ld, and for the materials and labour necessary to do contract and
the same, at money price, and shall draw on the town treas[t(re]r afore- paving said
s[o/]d for the paym[cn]t thereof; and, when the s[ai]d paving and nfat'eri!d,? &c.
repairs are finish'd, they shall exhibit a particular acco[?«i]t of the cost and order pay
of the same, and lay it before the town afores[ai]d at one of their *■ "^°*"'
publick meetings, in order to be put on file with their other papers.
[^Passed January 23 ; published January 24.

CIIAPTEE 25.

AN ACT FOR CONTINUING AN ACT MADE [^.VD PASSED] IN THE
TWENTY-EIGHTH YEAR OF HIS MAJESTY'S REIGN, [E][/]NTITLED
"AN ACT FOR GRANTING UNTO HIS JNIAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND T[U][0]NNAGE OF SHIPPING."

Whereas, by an act of this province made in the twentj^-eighth year Preamble.
of his mnjesty's reign, intitled " An Act for granting unto his majest}' it 54.55, chap. lo,
several rates and duties of impost and tunnage of shipping," will expire
the twent^'-sixth day of Februarj-, one thousand seven hundred and
fift3--six, and it being convenient that said act should be in force for
some time longer, —

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

That the act afores[a/]d, and every matter and thing therein con- said act con.
tained, be and hereby is continued and shall be in force from the said
twent3--sixth of Februar}', one thousand seven hundred and fift^'-six,
to the twenty-sixth day of March next following. \_Passed February
25 ; published February 2G.

tinned.

CHAPTEK 26.

AN ACT FOR REGULATING THE GRAMMAR SCHOOL IN IPSWICH, AND
FOR INCORPORATING CERTAIN PERSONS TO MANAGE AND DIRECT
THE SAME.

Whereas divers piouslj' disposed persons in the first settlement of Preamble,
the town of Ipswich, within the county of Essex, granted and conveyed

89:

Province Laws. — 1755-56. [Chap. 26. j

Feoffees of Ips-
wich Rcliool all-
pointed.

Their power.

Account of
feoffees' pro-
cecdiiiirs to be
laid before the
town annually.

to feoffees in trust, and to such their successors in the same trust as
those feoffees should appoint to hold perpetual succession, certain
lands, tenements and annuities by them mentioned, for the use of
school-learning in said town forever ; of which feoffees the honourable
Thomas Berry, Esq'^'^., Daniel Appleton and Samuel Rogers, Esqrs.,
with Mr. Benjamin Crocker, are the only survivors ; and ichereas the
town of Ipswich did also, in their laudable concern for promoting learn-
ing, about the same time, and for the same use, give and grant to cer-
tain persons in said grant mentioned, and to such others as the said
town should appoint, a large farm, then called a neck of land, situate
in Chcbacco, in the same town, with some other lands adjoining; all
which farm and lands were soon after leased out for the space of one
thousand 3-ears, the rents to be applied to the uses of learning in
said town as aforesaid ; but as is apprehended by some, no power was
given by the said town to their trustees to appoint successors in that
trust for receiving and applying the rents, or of ordering and directing
the affairs of the school in said town, as in the first-mentioned case is
provided ; from which difference in the original constitution of those
grants, which were all designed for one and the same use, considerable
disputes have already arisen between the said town and the feoffees ;
and not only so, but some doubts are started whether it is in the power
of said town or feoffees to compel the payment of the rents of the
farm and adjoining land before mentioned ; mid inasmuch as the said
town of Ipswich, by their vote of the twenty-second day of January,
one thousand seven hundred and fift^'-six, by and with the consent of
the aforementioned feoffees, have agreed to apply to this court for aid
in the manner in said vote mentioned ; wherefore, —

Be it enacted hy the Governour, Council and House of Representatives,

[Sect. 1.] That from and after the first day of March next, for and
during the space of ten years, the aforenamed Thomas B^rry, Daniel
Appleton and Samuel Rogers, Esqrs., with Mr. Benjamin Crocker, the
present surviving feoffees on the part of the private persons granting
lands as afores[a'']d, together with Francis Choate, Esq^"'^., Capt.
Nathaniel Tredwell and Mr. John Patch, Junr., three of the present
selectmen of said town, shall be and they are hereby incorporated a
joint committee or feoffees in trust, with full power and authority by a
majority of them to grant necessary leases of any of said land not
prejudicial to any lease already made, and not exceeding the term of
ten years, to demand and receive the said rents and annuities, and, if
need be, to sue for and recover the same ; to appoint grammar-school
masters from 3'ear to year and time to time, and agree for his salary ;
to apply the rents and annuities for the paym[^n]t of his salary and
other necessary charges arising by said school ; to appoint a clerk and
treasurer, and if found necessary, to impose some moderate sum and
sums of money to be paid by such scholars as may attend said school,
for making up and supplying an}' deficiency that may hapjien in the
yearly income and annuities of said lands; for defr[a][e]ying the
necessar}' charges that may arise by sai I school, and enforce the pay-
ment ; to inspect said school and schoolmaster, and in general to trans-
act and order all matters and things relative to such school, so as may
best answer the original intent and design thereof.

[Sect. 2.] And the said committee or feoffees and their successors
shall, at the anniversary meeting of said town in March, 3'early, during
the continuance of this act, lay before said town a fair account of their
proceedings relating to said school for the 3ear then last past.

And for the continuance of the succession of the before-named com-
mittee or feoffees, —

[7th Sess.] Pr.oYixcE Laws.— 1755-56. 893

Be it enacted,

[Sect. 3.] That if either the said Thomas Berry, Daniel Appleton, Provision for the
Samuel Rogers or BeDJamiii Crocker, shall decease, or remove out of gai'dfeoff"e8^&c
said town of Ipswich, or otherwise become uncapable or unfit to dis-
charge said trust, it shall and may l)e lawful for the surviving and qual-
ified remainder of those four gentlemen to appoint some other suitable
person or persons in his or their room so deceasing, removing or oth-
erwise unqualified, according to the original intention of their first
appointm[e;i]t, so as to keep up the same number of four feotfees thus
constituted, and no more ; and no person to be appointed a feoffee but
an inhabitant of the town of Ipswich : and the aforementioned select-
men shall, from year to year, be succeeded b}' the three oldest in that
office of the selectmen of said town for the time being, other than such
of them as ma}- be also one of the aforesaid four feoffees ; and in case
it should at any time happen that there is not three selectmen chosen by
said town that may have served the town before in that office, the defi-
ciency shall be supplyed b}' those first named in the choice of the
town.

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

Be (t further enacted,

[Sect. 4.] That the afores[ai]d committee or feoffees in trust may, Feoffees, or
in all matters relative to s[ai]d grammar school, in which they may by Bue^MiTbe'sued.
force of this act be concerned, sue or be sued by the name or char-
[e3[a]cter of the feoffees of the grammar school of the town of Ipswich,
in the county of Essex ; and in this power their successors shall be
included with respect to the transactions of those that ma}' have pre-
ceeded them in said office.

[Sect. 5.] This act to continue and be in force for the space of Limitation.
ten years, and no longer. [^Passed February 17; published February
26.*

CHAPTER 27.

AN ACT FOE. SUPPLYING THE TREASURY WITH THE SUM OF SIXTY
THOUSAND POUNDS.

Whereas the great sums with which the treasury has been sup- Preamble.
pl[i][?/]ed, for defr[a][€]ying the charges of the late expedition against
Crown Point, and other charges of the government, have proved insuffi-
cient, and the wages of the forces employed in that service still remain
unpaid ; and lohereas the general court have determined upon farther
prosecuting an expedition, this present year, for removing the encroach-
m[en]ts made and making by the French on his majesty's territories at
and near the said Crown Point, and a further sum of money will be
necessary to encourage the enlistment of the forces, and to make neces-
sai'y provision for said expedition, and, all other attempts for obtaining a
sufficiency of money having proved ineffectual, his excellency the gov-
ernour has consented to advance a sum not exceeding forty thousand
pounds, lawful money, for the purposes aforesaid ; and a farther sum
being necessary to be immediately raised towards defr[a] [ejying the
charges of the said expedition, —

* The date of the Governor's signature to this act, according to the record, is Febraary
16; but the engrossment has becnfollowcd above, both as to the date of passage, and to
the date of publication, which appears to be March 1, 1756, in the printed act.

894 PROVINCE Laws.— 1755-56. [Chap. 27.]

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

Jiejyreseyit^atij ves,

"^oTorecUoTo'r L^ECT. 1.] That the treasurer of this province be and he hereby is

row £40,000 °'' Impowerecl and directed to borrow and receive from his excellenc}' Will-

fencv'the'govf' ^^™ Sliirlc}", Esc/'^., the sum of forty thousand pounds, lawful money,

ernor. in miU'd dollars, at six shillings each, or in coined silver at six shillings

and eightpence per ounce, or in coined gold at the rate at which such

gold is set, or restrained from exceeding, by an act of this province made

and pass[e]'d in the twenty-third 3'ear of his present majesty's reign, inti-

tled " An Act for ascertaining the rates at which coined silver and

gold, and English halfpence and farthings, may pass within the govern-

m[e»]t."

[Sect 2.] And for the sum so borrowed, the said treasurer shall
give his receipt for the value of twent}^ thousand pounds in the form
following : —

Formoftreas- Province of the Massachusetts Bay, day of ,1756.

urer'8 receipt. Keccived from his excellency William Shirley, Esq[''l, the sum of ,

lawful money of said province, and I do hereby promise the said AVilliam
Shirley, and oblige myself and successors in the oCice of treasurer, to repay
the said sum of to the said William Shirley, or his order, by the

first day of June, 1758. Witness my hand, H. G., Treasurer.

[Sect. 3.] And for the remaining sum of twenty- thousand pounds
borrowed of his excellency, the treasurer shall give his receipt in the
form following : —

Formoftreas. Province of the Massachusetts Bay, day of ,1756.

urer's receipt. Eeceived from his excellency William Shirley, EsqC'l, the sum of ,

lawful money of said province, and I do hereby jiromise the said William
Shirley, and oblige myself and successors in' the office of treasurer, to repay
the said sum [r/] to the said William Shirley, or his order, by

the first- day of June, 1759.

And be it further enacted,
Service in which [Sect. 4.] That the sum SO borrowcd as afores[cw']d shall be a stock
be'issued!^ '* ** in the trcasuty, and shall be issued by warrant from the governour or
commander-in-chief, with advice and consent of the council, for the
payment of the wages that are now due to the ofljcers and soldiers who
served in the late expedition against Crown Point, and for the payment
of the necessary charges that ma}- attend the enlisting such forces as
may be raised for the experlition this present year for removing the
encroachm[en]tsmade on his majesty's territories by the French at and
near the said Crown Point, and for preparing and enabling such forces
to proceed on said expedition, and for no other purpose whatsoever.

And as a fund and securit}' for drawing said sum of forty thousand
pounds into the treasur}- again, so as to enable the treasurer to repay
the money borrowed, —
Be it further enacted,
Fund:— [Sect. 5.] That Ihere be anrl hereby is granted unto his most ex-

cellent majest}', for the ends and uses aforesaid, a tax of forty thousand
pounds, to be levied on polls, and estates both real and personal within
Tax of £20,000, this provincc, in manner f)llowing; that is to say, twenty thousand
in 1757. pounds, part thereof, according to such rules and in such proportion on

the several towns and districts within this province as shall be agreed
on and ordered by the general court or assembly, at their session in May,
[1757] [one thousand seven hundred and fifty-seven'], and to be paid into
the publick treasur}^ on or before the [3P'] [thirtyfirsf] of March then
£20,000, in 1758. Dcxt after ; and twent}' thousand pounds, the other part of said sum,
according to such rules and in such proportions on the several towns
and districts aforesaid as shall be agreed on and ordered by the general

[7tii Sess.] Province Laavs. — 1755-56. 895

court, at their session in May, [1758] [owe tJioiisancl seven hundred and
Jifty-eigJit']. and to be paid into the publick treasury on or before the
[31"] [tldrty-Jirst] of March then next after.

And be it farther enacted,

[Sj:ct. 6.] That if the general court, at their sessions in May, [1 757] '^^^'r foi" "ppor-
[^one thousand seven hundred and Jf/ty-seven'], and in May, [1758] \^one ii°cisc no*tas^'
tho^isand seven hundred and fifty-eight'], some time before the twentieth a'^^^reed " ^'^
day of June in each 3-ear, shall not agree and conclude upon an act ap-
portioning the sums wliich bj^ this act are engaged to be, in each of said
3^ears, 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 limits, the same
proportion of the said sums as the said towns and districts were taxed by
the general court in the tax act then last preceeding ; and the province
treasurer is hereby full}' impowered and directed, some time in the month
of June, in each of the years afores[at]d, to issue and send forth his
warrants, directed to the selectmen or assessors of each town and district
within this province, requirirg them to assess the polls, and estates. both
real and personal within their several towns and districts, an*d for their '

respective parts and proportion of the sums before directed and engaged
to be assessed, to be paid into the publick treasury at the aforemen-
tioned times ; and the assessors, as also persons assessed, shall observe,
be govern [e]'d by and subject to all such rules and directions as have
been given in the last preceeding tax act.

And he it further enacted,

[Sect. 7.] That the said sum of forty thousand pounds thus levied Treasurer to
and assessed, shall be applied by the province treasurer to the payment ?im ^lay be "*^
of the full sum so borrowed of his excellency the governour by virtue r^rit"un'^ foPdfs^*
of this act, and to no other purpose whatsoever. charge of the

Prodded, ahcccys, anything in this act to the contrary notivithstanding, — 7o\vll.'^°^'

That ivhereas humble trust and dopendance is had by the general
assembly on a reimburs[e]ment of the charges arising from the ex-
peditions against Crown Point, and mon[cy][2e]s for that purpose are
expected from Great Britain, and it has l)ecn agreed and engaged by a
vote of the council and house of represent [a^z]ves that the mon[ey][i>]s
which shall first arrive, or so much as shall be necessary, shall be ap-
plied to the pa3'ment of the sum advanced by his excellency the gov-
ern [o?t]r for the purposes before mentioned in this act, —

[Sect. 8.] That the treasurer be and hereby is directed and
required to apply such mon[cy][ie]s, or so much thereof as shall be
necessar}', as he shall first, from time to time, receive into the treasury
for and on account of the reimburs[e]m[e>i]t aforesrai]d, to the pay-
ment of the sums advanced b}^ his excellency the governour for the pur-
poses mentioned in this act, until [1] the whole sum advanced shall be
repaid. And in case twenty thousand pounds of the mon[ey] [ie]s shall
arrive from Great Britain, and be lodged in the treasury before the
twentieth day of June, [1757] [one thousand seveyi hundred and fifty-
seven'], the tax, which otherwise by this act is ordered to go forth, is
hereby made null and void.

And he it further enacted,

[Sect. 9.] That if the further sum of twent}'- thousand pounds shall Taxes not to be
arrive from Great Britain, and be lodged in the treasury before the moneybetent ^
twentieth day of June, [1758] [one thousand seven hundred and fifty- Bruain'^^'
eight], the tax, which otherwise by this act is ordered to go forth, is
hereby made null and void.

And he it further enacted,

[Sect. 10.] That the treasurer of the province for the time being. Treasurer to d©-
be and he herebj' is fully authorized and impowered to demand and ™*'^'^ ^°^

896

PPtOVEsrcE Laws. — 1755-56. [Chap. 27.]

receive moneys
from Great
Britain.

Treasurer to
borrow £20,000.

Form of treas-
urer's receipt.

Tax of £11,000,
in 1756.

Tax of £11,000,
in 1757.

Rule for appor-
tioning the tax,
in cuso no tax
act shall be
agreed on.

receive the whole and every part of the money aforesaid from the com-
mander of any vessel or vessels, on board of which the same shall be
shipped, upon the arrival thereof within this government, or from any
other trustee of it.

And be it further enacted^

[Sect. 11.] That the treasurer of the province be and hereby is
impowered and directed to borrow, from such person or persons as shall
be willing to lend the same, a sum not exceeding twenty thousand
pounds, in mill'd dollars, at six shillings each, or in other silver at six
shillings and eightpence per ounce ; and the sum so borrowed shall be
applied in manner as is in this act hereafter directed, and for every sum
so borrowed the treasurer shall give a receipt and obligation in form
following, —

Province of the Massachusetts Bay, the day of 1756.

Received of the sum of , for the use and

service of the province of the Massachusetts Bay, and, in behalf of said prov-
ince, I do hereby promige and oblige myself and successors in the office of
treasurer to repay the said , or order, the second day of June,

1757, the aforesaid sum of , in coined silver at six shillings

and eightpence per ounce, or Spanish mill'd dollars, at six shillings each,
with interest annually, at the rate of six per cent per annum.

Witness my hand, H. G., Treas[Mre]r.

And he it further enacted,

[Sect. 12.] That the aforesaid sum of twenty thousand pounds,
when received into the treasury, shall be applied for the service of the
expedition against Crown Point.

And in order to draw the same money into the treasury, so as to
enable the treasurer effectually to discharge the receipts and obligations
(with the interest that may be due thereon) , by him given in pursuance
of this act, —
Be it enacted,

[Sect. 13.] That there be and hereby is granted to his most excel-
lent majesty, a tax of twenty-two thousand pounds, to be levied on
polls, and estates both real and personal within this province, in man-
ner following ; that is to say, eleven thousand pounds, part thereof,
according to such rules and in such proportion on the several towns
and districts within the province as shall be agreed on and ordered by
the general court or assembly, at their session in May, [1756] [one
thousand seven hundred and fifty-six] , and to be paid into the publick
treasury on or before the [31st] [thirty first] of March next after;
and the further sum of eleven thousand pounds, according to such rules
and in such proportion on the several towns and districts aforesaid as
shall be agreed on and ordered by the general court, at their session in
May, [1757] [one thousand seven hundred and fifty-seven'], and to be
paid into the publick treasury on or before the [31st] [thirtyfirst] of
March then next after.
And be it further enacted,

[Sect. 14.] That if the general court, at their session in May,
[1756] [one thousand seven hundi'ed and fifty -six], and in May, [1757]
[one thousand seven hundred and fifty-seven], sometime before the twen-
tieth day of June in each year, shall not agree and conclude upon an act
apportioning the sums which by this act are engaged to be, in each of said
j^ears, 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 limits, the same
proportion of the said sums as the said towns and districts were taxed
by the general court in the tax act then last preceeding ; and the prov-

[7th Sess.] Province Laws.— 1755-56. 897

ince treasurer is hereby fully impowered and directed, some time in the
month of June, in each of the years aforesaid, 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 parts and propwtion [s] of the sums before directed
and engaged to be assessed, to be paid into the treasury at the before-
mentioned times ; 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 last proceeding tax act.

And as a further fund to enable the treasurer to discharge said
receipts and obligations by him given in pursuance of this act, —

Be it further enacted,

[Sect. 15.] That the raon[e3'][i'"e]s that shall be receiv[e]'d from Moneythatmay
Great Britain, over and above forty thousand pounds, lawful mone}', orea/BrUain
which by this act is appropriated for the repayment of that sum bor- above that bor.
rowed of his excellency William Shirle.y, Esq'^''^, shall be applyed by GOTerrTor, to bo
the treasurer, or so much thereof as shall be needful, for the discharg- ^ ^'^'^^•
ing the said notes b}" him given, with the interest that may be due
thereon, in pursuance of this act.

And he it further enacted,

[Sect. 16.] That the treasurer is hereby directed and ordered to Treasurer to
pay the sum of twenty thousand pounds, as shall be directed by war- £|o°ooo^ ^^^^
rant from the governour, with the advice of the council ; and the secre-
tary, to whom it belongs to keep the muster-rolls and acco[mp][wH]ts of
charge, shall lay before the house of representatives, when they direct,
such muster-rolls and acco[mp][tfn]ts, after payment thereof.

Provided, always, anything in this act to the contrary notwithstand-
ing,—

[Sect. 17.] That in case ten thousand pounds of the mon[ey][i"e]s Treasurer's war-
arrive from Great Britain, and be received into the publick treasur}^, [he\a^VotTo"^
over and above the forty thousand pounds appropriated for repayment issue, ili case.
of the money borrowed of his excellency William Shirle}', Esq., on or
before the twentieth day of June next, then, and in such case, the tax
which otherwise by this act was to go forth in May, [1756], {_one thou-
sand seven hundred ffty-six]A^ hereby declared to be null and void.
And in case ten thousand pounds more shall arrive from Great Britain,
and be received into the publick treasury before the twentieth of June,
[1757], [one thortsand seven hundred and fifty- seven^, then, and in such
case, the tax of eleven thousand pounds, which otherwise b}" this act was
to go forth, is hereby declared to be null and void.

Provided, always, —

[Sect. 18.] That the remainder of the sum that shall be brought in proviso.
by taxes ordered by this act to be assessed and levied, over and above
what shall be sufficient to discharge the notes and obligations aforesaid,
with the interest that ma}' be due thereon, shall be pnd remain as a
stock in the treasury, and to be appl[i][?/]ed as the general court of
this province shall hereafter order, and to no other purpose whatsoever.
[Passed February 28 ;* published March 1, 1756.

* Passed March 1, according to the record.
113

898

Province Laws.— 1755-56. [Chaps. 28, 29.]

CHAPTER 28.

AN ACT FOR PREVENTING ANY DANGEROUS CONTAGION THAT MAY
BE OCCASIONED BY DOGS AND OTHER BRUTE CREATURES, DYING OF
THE DISTEMPER PREVALENT AMONG THEM, LYING UNBURIED.

Preamble. "Whereas this government have been informed that a distemper pre-

vails among dogs, cat[i]s and otlier brute animals, by which great
numbers of them have dyed in the town of Boston and elsewhere in the
province, within a few daj's ; and as there is danger, if effectual care be
not taken that they be buried seasonably, that some contagion may
thence arise which m^}^ prove prejudicial to the inhabitants, —

Be it therefore enacted by the Governour, Council and House of
Representatives,
Carcasses of [Sect. 1.] That cvcry owner of any dog, cat[^] or other creature of

dead dogs to be \\^q brute kind, which shall dye of any distemper, between the fifth day
of March instant and the last day of October, in the present and next
ensuing yeai', shall, within three hours next after the death of such
brute, cause the same to be buried under ground at the depth of two
feet at the least, upon pain of forfeiting forty shillings for every wilful
neglect herein, to be recovered before any justice of the peace of the
same county, upon information or complaint ; one moiety thereof to be
to the informer or complainant, and the other moiety to the use of the
poor of the town wherein such owner dwells.
And he it further enacted,
Selectmen to [Sect. 2.] That the Selectmen of the several towns within this

t'o^take carrof proviucc, shall appoint one or more suitable persons in their respective
the execution of towns, to bur}', or causc to be buried, in manner as aforesaid, the car-
this law. p^gg ^^ ^j^y ^l^g Qj, Q^\^Qy. ]3i-Qte, which they may find unburied within

the term aforesaid, and shall order a meet recompence to be made to
such person or persons for their trouble, at the charge of the owner of
such dogs or other brute, if the owner be known ; or otherwise, at the
charge of the town where such carcase shall be found.
And he it futiher enacted,
Their power. [Sect. 3.] That every persou SO to be appointed by the selectmen

in any town, shall be and is hereby impowered, by due course of law, to
recover of the delinquent owner of any dog, cat[<] or other brute that
shall dye and be left unburied, contrary to this act, a reasonable recom-
pence for his trouble in burying them, together with costs of prosecution.
[Sect. 4.] This act to be in force from and after the fifth day of
March instant, and to continue till the first da}^ of October, Anno
Domini one thousand seven hundred and fifty-seven. \^Passed March
3 ; * published March 4,. 1756.

Limitation.

CHAPTER 29.

AN ACT FOR THE SUPPLY OF THE TREASURY WITH ELEVEN THOU-
SAND POUNDS.

Preamble. Whereas the pi'ovision already made by this court is insufficient to

discharge the publick debts, —

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

[Sect. 1.] That the treasurer of the province be and he is hereby

impowered and directed to borrow, of such person or persons as shall be

* Passed March 5, according to the record ; but this was one day after the publication,
according to both the parchment and the printed act.

[Tth Sess.] Peovince Laws.— 1755-56. " 899

willing to lend the same, a sum not exceeding eleven thousand pounds,
in mill'd dollars, at six shillings each, or in other silver at six shillings
and eightpence per ounce ; one half of said sum to be repaid by the
thirtieth day of June, one thousand seven hundred and fifty-seven, and
the other half by the thirtieth da^^ of June, one thousand seven hundred
and fifty-eight; and the sum so borrowed shall be applied by the
treasurer for the payment of all such draughts as shall be drawn on
him b}' the governour or commander-in-chief for the time being, with
the advice of the council, out of the respective appropriations hereafter
mentioned in this act ; and for every sum so borrowed, which sliall be
agreed to be repaid by the thirtieth day of June, one thousand seven
hundred and fifty-seven, the treasurer shall give a receipt and obliga-
tion in form following : —

Province of the Massachusetts Bay, the day of , 1756. Form of treas.

Keceived of the sum of , for the use and "'^'' ' ''^''"P'-

service of the province of the Massachusetts Bay, and, in behalf of said
province, I do hereby promise and oblige myself and successors in the office
of treasurer to repay the said or order, the thirtieth day

of June, 1757, the aforesaid sum of , in coined silver

of sterling alloy, at six shillings and eightpence per ounce, or in mill'd dol-
lars, at six shillings each, with interest annually, at the rate of six per cent
per annum.

Witness my hand, A. B., Treasurer.

[Sect. 2.] And for every sum borrowed as aforesaid, and which
shall be agreed to be repaid by the thirtieth day of June, one thousand
seven hundred and fifty-eight, the receipt or obligation aforesaid shall
be so varied as that the time of payment expressed therein shall be
the thirtieth daj- of June, one thousand seven hundred and fiftj'-eight,
and no receipt shall be given for a sum less than six pounds ; and the
treasurer is hereby directed to use his discretion in borrowing said sum
at such times as that he may be enabled to comply with the draughts
that shall be made on the treasur}' in pursuance of this act.

And be it further enacted,

[Sect. 3.] That the aforesaid sum of eleven thousand pounds, when :^5,6oo for fire.
received into the treasury, shall be issued out in manner and for the arms and am-
purposes following ; that is to say, a sum hot exceedmg five thousand
six hundred pounds, part of the aforesaid sum of eleven thousand
pounds, shall be applied for the discharging of debts contracted for
firearms and ammunition ; and the further sum of four thousand pounds, £4,ooo for forts
part of the aforesaid sum of eleven thousand pounds, shall be applied a^^d ga»"sons-
for the service of the several forts and garrisons within this province ;
and the further sum of one thousand pounds, part of the aforesaid sum £i,oooforpay
of eleven thousand pounds, shall be applied for the payment of his afui°"nroseina.
majesty's council and house of representatives serving in the general tivos'attend-
court during the several sessions for the present j-ear ; and the further '^'"''''
sum of three hundred pounds, part of the aforesaid sum of eleven £.300 for debts,
thousand pounds, shall be applied for the discharge of other debts nd^estabiCh-'^
owing from this province to persons who have served or shall serve mcnt.
them, by order of this court, in such matters and things where tbere is
no establishment nor any certain sura assigned for that purpose, and
for paper, writing and printing for this court.

And whereas there are sometimes contingent and unforeseen charges
that demand prompt payment, —

Be it enacted,

[Sect. 4.] That the sum of one hundred pounds, being the remain- £ioo for contin«
ing part of the aforesaid sum of eleven thousand pounds, be applied to ^"'' ^hargea.
pay such contingent charges, and for no other purpose whatsoever.

900 Province Laws.— 1755-56. [Chap. 29.]

And in order to draw the rooney into the treasury again, and to enable
the treasui'er effectually to discharge the receipts and obligations (with
the interest that ma^^ be due thereon), by him given for one-half of the
aforesaid sum of eleven thousand pounds, and which shall be made
payable by the thirtieth day of June, one thousand seven hundred and
fift^^-seven, in pursuance of this act, —
Be it enacted,
Tax of £6,000, [Sect. 5.] That there be and hereby is granted to his most excel-
grante in 56. ^q^^ majest}' a tax of six thousand pounds, to be levied on the polls and
J, estates within this province, according to such rules, ^nd in such pro-
portions as shall be ordered by the general court of this province, at
their sessions in May, one thousand seven hundred and fifty-six.
And be it further enacted,
«on?n^°'th^^tax" [»^ECT. 6.] That in casc the general court shall not, by the twen-
iii case no tax * ticth of June, one thousand seven hundred and fifty-six, agree and
agreed on.^ conclude upon a tax act to draw into the treasury the aforesaid sum
of six thousand pounds by the thirty-first day of March then next
following, that then the treasurer of the province, for the time being,
sometime in the month of July immediately following the twentieth
day of June aforesaid, is hereby fully impowered and directed to issue
his warrants, directed to the selectmen or assessors of the several towns
and districts in this province, requiring them, respectively, to assess,
levy and pay in their respective proportions of said sum according to
the rates and proportions, rules and directions of the last preceeding tax
act.

And to enable the treasurer effectually to discharge the receipts and
obligations by him given for the other half of the aforesaid sum of
eleven thousand pounds, and which shall be made payable by the thir-
tieth day of June, one thousand seven hundred and fift^^-eight, with the
interest that may be due thereon, in pursuance of this act, —
Be it enacted,
Tax of £6,300, [Sect. 7.] That there be and hereby is granted to his most excellent
gran e in < . jjjgjgg^y^ ^ ^^^ q^ gj^ thousaud three hundred pounds, to be levied on
the polls and estates within this province, according to such rules and
• in such proportions as shall be ordered hy the general court of this prov-
ince, at their sessions in Ma}', one thousand seven hundred and fifty-
seven.

And he it further enacted.
Rule for appor- [Sect. 8.] That in casc the gen[eraZ][l] court shall not, by the twen-
hi'case no ^tax^^' tieth day of June, one thousand seven hundred and fifty-seven, agree and
Troed^n ** coucludc upou a tax act to draw into the treasury the afores[ai]d sum of
six thousand three hundred pound* by the thirt3'-first day of March then
next following, that then the treasurer of the province for the time
being, some time in the month of Jul}' immediately following the twen-
tieth day of June, one thousand seven hundred and fifty-seven, afore-
said, is hereby fully impowered and directed to issue his warrants,
directed to the selectmen or assessors of the several towns and dis-
tricts in this province, requiring them, respectively, to assess, levy and
pay in their respective proportions of said sum according to the rates
and proportions, rules and directions of the last preceeding tax act.
\_Passed March 10 ;* published March 11, f 1756.

* Passed March 9, according to the record ; but the date appears as above, on the engross-
ment, in the Governor's handwriting.

t Published Maxch 8, according to the printed act. The engrossment has been followed,
above.

[7th Sess.] Province Laws.— 1755-56. 901

CHAPTEE 30.

AN ACT FOR PREVENTING THE EXPORTATION OF PROVISIONS AND
WARLIKE STORES, OUT OF THIS PROVINCE.

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

[Sect. 1.] That no warlike stores, or provisions of any kind whatso- Exportation of
ever, fish only excepted, shall be exported or carried out of any port or aif(j"provi8°ons'
harbour in this province, in an}^ vessel whatever, before the twentieth piohibited :— '
day of June next : saving only such provisions or warlike stores as are saving^
necessary for the defence of each respective vessel outward bound, and
victualling the mariners on board the same, during their intended
voyage, and whereof an account, in writing, shall be given by the master
of such vessel, on oath, to the impost officer or his deputy, and where
there is no impost officer or deputy, then, to a justice of the peace or
town clerk, on pain of one thousand pounds, lawful monej', to be for- Penalty, &c., for
felted and paid by the master, and the like sum by the owner and own- acr''^ ^^ ^^'^
ers, factor and factors, of each respective vessel in which any warlike
stores or provisions shall be exported or carried out of an}' port or har-
bour in this province ; one moietj' thereof to the use of this government,
and the other moiety to him or them that shall inform or sue for the
same ; and such masters, owners and factors, respectivel}', upon their
being convicted of the offence aforesaid at the superiour court of judi-
cature, court of assize and general goal deliver}', shall be further liable
to stand on the pillory, and have one of their ears cut off.

And tchereas it has been the practice of some persons to pack beef i
and pork, and other provisions, in barrels and other casks, and mark
on the outside of said cask, mackerell or fish, with intent to elude this
act, —

Be it therefore farther enacted,

[Sect. 2.] That when any vessel is bound out of this government Master or
with pickled fish of any kind on board, the master, freighter or freight- niako^oath°as to
ers, shall make oath, either before the impost officer or his deputy, or the contents of
before one of his majesty's justices of the peace in the county where
such vessels sail from, or where the freighter or freighters dwell, that
every cask that is shipt on board such outward-bound vessel as fish, is,
bond fide, pickled fish, and that there is no more provisions or warlike
stores shipt, or intended to be shipt, on board said vessel, than is neces-
sary for defending and victualling such vessel as afores[ai]d ; and no
vessel outward bound, shall be cleared out by the impost officer or his
deputy, until[l] such oath be first made.

And be it further enacted,

[Sect. 3.] That any cooper or other person who shall pack or put Penalty for put-
up in any cask, any provisions of any kind, in order to be shipt on ^afk!
board any vessel bound out of this governm[e7i]t, as aforesaid, and shall
put, or cause to be put, on any fallacious mark, whereby to induce any
person to bel[ei][ie]ve there is not contained anything in said cask
that in fact they do contain, and be thereof convicted as aforesaid, shall
suffer the same penalties that the master or owners afores[cu]d are
liable to, by this act, in case of exporting and carrying provisions and
warlike stores out of this province.

And be it further enacted,

[Sect. 4,] That every freighter that shall be convict of shipping on Penalty for
board any outward-bound vessel, or any master that shall, knowingly, femn'^'on^board
take on board any provisions with a false mark thereon, with a design provisions with
to elude this act, and be thereof convict in the superiour court afore- ^ ** ^® ™"'' '*

902

Province Laws.— 1755-56. [Chap. 30.]

Governor and
council may
prolong the time
above.

Proviso for sea,
or laud, forces.

Proviso for
coasting-ves-
eels, &c.

Proviso, also,
where the fish-
ery is carried
on.

Impost officer's
fee.

Penalty for
holding corre-
spondence or
communication
with inhabitants
of Louisbourg,
&c.

s[ai]tl, shall suffer the same penalties as if said provisions had beea
sent out of this province contrary to this act, as before mentioned.

And be it further enacted,

[Sect. 5.] That if the governour or commander-in-chief for the time
being shall see fit, with the advice and consent of the council, to issue
a proclamation, prohibiting the exportation of provisions or warlike
stores put of this province, for aii}^ time after the said twentieth day of
June next, and not exceeding the twentieth day of November following,
in this present 3'ear, the master, and owner and owners, factor and fact-
ors, of any vessel or vessels, on board of which such provisions or war-
like stores shall be exported or shipped, contrary to such proclamation,
shall be respectivelj^ liable to the same pains and penalties as if the same
had been exported before the said twentieth day of June, contrary to
this act.

Provided, alicays, —

[Sect. 6.] That it shall and may be lawful for any provisions or
warlike stores to be exported for the service of his majesty's sea or
land forces, on board any vessel or vessels licensed for that purpose by
the govern [o?f]r or commander-iu-ch[ei][ie]f for the time being, with
the advice of the council.

Provided, also, —

[Sect. 7.] That it shall and may be lawful for provisions and war-
like stores to be laden and transported on board any coasting-vessel, or
vessels, passing from one pox't to another within this province, bonds
being first given, in a thousand pounds, lawful money, w[i]th sufldcient
sureties, to the impost officer or his deputy, and where thex'e is no
impost officer or deputy, then to a justice of the peace or the town
clerk, to reland the same in some town or district in this province, and
to return a certificate thereof from the deputy' impost-officer resid-
ing in the town or district where they are so relanded, or from the
town or district clerk of such towns or districts where no deputy impost-
officer resides.

Provided, also, —

[Sect. 8.] That in such towns where the fisher3' is carried on, and
out of which vessels coasting from one port to another in this province,
and wherein neither impost officer or his deputy dwells, the masters of
such fishing or coasting vessels may render the account afores[ai]d, on
oath, to a justice of the peace, or the town or district clerk of the
respective towns out of which they sail, who is hereby impowered to
take the same ; and the account so taken and attested shall be by them
transmitted to the impost officer, which shall be as effectual as though
the same were taken by him or his deputy.

And be it enacted,

[Sect. 9.] That the impost officer shall be allow [e]'d one shilling
for each bond so taken, and everj^ justice and town or district clerk
the like sum for every such certificate by them respectively transmitted
as afores[ai]d, to be paid bj^ the master.

And be it further enacted,

[Sect. 10.] That it shall be unlawful for an}' of his majesty's sub-
jects of this province, and they are hereby strictly forbidden, to hold
any correspondence or communication with any inhabitants of Louis-
bourg, or an}- other of the French settlements in North America, cither
by land or water ; and if an^^ person or persons belonging to this
province shall presume to go or send to Louisbourg, or any other French
settlement in North America, during the continuance of this act, the
ship, sloop or other vessel employed, with all her tackle and appurte-
nances, and her cargo, shall be forfeited, one half to his majesty for
the use of this province, the other half to him or them who shall inform

[7th Sess.] Province Laws.— 1755-56. • 903

and sue for the same in any of his majesty's courts within this prov-
ince proper to try the same ; and be further liable, if a ship or vessel,
the master to have one ear cut off, and be publickly whipt thirty-nine
lashes, and the owner or owners, and factor or factors of the owner or
owners, of such ship or other vessel shall forfeit and pay, each, five
hundred pounds, to be recovered and disposed of as above, and also be
forever disabled to hold any place of honour or prof [f] it under this
government. [^Passed February 27 ; published March 1.

CHAPTER 31.

AN ACT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS
DISTILLED AND WINE, AND UPON LIMES, LEM[3f]0NS AND ORANGES.

We, his majesty's most loyal [1] and dutiful subjects, the representatives Preamble.
of the province of the Massachusetts Bay, in general court assembled,
being desirous to lessen the present debt of the province, have cheai"-
fully and unanimously granted, and do hereb}' give and grant unto his
most excellent majest}^, for the end and use above mentioned, and for
no other use, an excise upon all rum and other spirits distilled, and
upon all wines whatsoever, and upon lemmons, limes and oranges, to
be raised, levied, collected and paid in manner and form following : —

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

fSECT. 1.] That from and after the twenty-sixth day of March, one Time of this

L J i^^ . i-iri-iiii i • \t /> act's continu-

thousand seven hundred and fiftj'-six, and until [1 J the twenty-sixth or ance.
March, one thousand seven hundred and fifty-seven, every person
already licenced, or that shall hereafter be licenced, to retail rum or
other spirits, or wine, shall pay the duties following : —

For ever}' gallon of rum and spirits distilled, fourpence.

For every gallon of wine of ever}' sort, sixpence.

For every hundred of lemmons or oranges, four shillings.

For every hundred of limes, one shilling and sixpence.

— And so proportionably for any other quantit}' or number.

And be it further €7iacted,-

[Sect. 2.] That every retailer of wine, rum or spirits distilled, tav- Account to be
erner, innholder and common victualler, shall, on the said twenty-sixth ^'^^'^'^^
day of March next, take a just and true account, in writing, of all wine,
rum and spirits distilled, and of all limes, lemmons and oranges then by
him or her, or in his or her possession ; and that every person who shall
hereafter be licenced to be a taverncr, innholder, common victualler or
retailer of wine, rum or spirits distilled, shall take a like account of all
wine, rum and spirits distilled, and of all limes, lemmons and oranges
by him or her, or in his or her possession, at the time of such licence
granted ; and that every taverner, innholder, and common victualler and
retailer of wine, rum or spirits distilled shall make a fair entr}', in a
book by them respectively to be kept for that purpose, of all such wine,
rum or spirits distilled, as he or she, or any person or persons for him
or her, shall buy, distill, take in or receive after such first account
taken, and when and of whom the same was bought and taken in ;
and at the expiration of every half year shall take a just and true
account how much thereof then remains by them ; and shall, in writing,
under their hands, render to him or them that shall farm the duties
aforesaid the whole of those several accounts, and shall also, if re-

904

Province Laws. — 1755-56. [Chap. 31. j

quested, make oath, in the form following, before such farmer or farmers,
who are hereb}- impowered to administer the same : —

Form of the
oath.

You, A. B., do swear that the account by you now rendred is, to the best
of your knowledge, a just and true account of all the wine, rum and distilled
spirits, limes, lemmons and oranges you had by you, or in your possession,
on the twenty-sixth day of March, one thousand seven hundred and fifty-six,
and also of all the wine, rum and distilled spirits bought, distilled, taken in
or received by you, or by any person or persons for or under you, or by or
with your knowledge, allowance, consent or connivance, and that there still
remains thereof in j'our possession unsold, so much as is in this account said
to remain by you unsold ; and that you do not know or bel [ei] [ie] ve that there
hath been by you, or by any other person or persons for or under you, or by
your or their oi'der, allowance, consent or connivance, either directly or in-
directly, sold, used or consumed any wine, or liquor for, or as, wine ; any rum
or distilled spirits, or liquor for, or as, rum or distilled spirits ; or that there
hath been any limes, lemmons or oranges by you, or by any person or per-
sons for or under you, or by your order, consent, allowance or connivance,
used or consumed in making punch, or otherwise, since the said twenty-sixth
day of March, besides what is contained in the account by you now rendered.
So help you God.

Duties to be
paid to the
farmer.

Ten per cent
allowed for
leakage.

Taverner, &c.,
to give bond.

Forfeiture for
neglect in keep,
ing and render,
ing accounts.

[Sect. 3.] And for ever}^ person that was not licenced on the said
twenty-sixth day of March, the form of the oath shall be so varied, as
that instead of mentioning that day, the time of their being licenced
shall be inserted and used ; and for every person rendering an account
after the first, the oath shall be so varied, as that instead of expressing
the day aforesaid, the time of taking and rendering their last account
shall be inserted and used.

[Sect. 4.] And every such taverner, innholder, common victualler
and retailer shall pay the duties aforesaid to him or them that shall
farm the same, [f]or the whole of the several articles mentioned in such
account rendered, save only for such part thereof as remains in their
hands unsold : 2^^'ovided, nevertheless, that for leakage, &c'''^., ten per
cent shall be allowed them on all liquors in such account mentioned,
besides what remains in their hands unsold.

And be it farther enacted.,

[Sect. 5.] That ever}- person hereafter licenced to be a taverner,
innholder, common victualler or retailer of wine, rum or spirits dis-
tilled shall, within thirty days after such licence granted, and before he
or she sell by vertue of the same, not only become bound to keep good
rule, cSsc-"^., as by law is already' required, but shall also become bound,
with sufficient sureties, by way of recognizance, to his majesty, for the
use of him or them that have farmed or shall farm the duties aforesaid,
in a sufficient sum, to be ordered by the coui-t that grants the licence,
which sum shall not be less than fifty pounds, conditioned that they
shall take, keep and render the accounts aforesaid, and pay the duties
aforesaid, as in and by this act is required.

And he it further enacted,

[Sect. 6.] That every such taverner, innholder, common victualler
and retailer, who shall neglect or refuse to take, keep and render such
accounts as by this act is required, or that shall neglect or refuse to
take the oath aforesaid, if required, shall f()rf[ie] [ei]t and pay, to him or
them that shall farm the duties aforesaid, double the sum which the court
of general sessions of the peace in that county shall adjudge that the
duties of excise upon the liquors, limes, lem[m]ons and oranges by such
taverner, innholder, common victualler or retailer, or by any for or
under him or them, sold, used or consumed would have amounted to ;
and no person shall be licenced by the justices of the general sessions
of the peace that hath not accounted with the farmer, and paid him the

[7th Sess.] Peovince Laws.— 1755-5.6. 905

excise aforesaid, due from such person at the time of his or her taking
or renewing such licence.

And luliereas, notwithstanding the laws made against selling strong preamble,
drink without licence, many persons not regarding the penalties in
said acts, do receive and entertain persons in their houses, and sell
great quantities of spirits and other strong drink, without licence ; by
reason whereof great debaucheries are committed and kept secret, and
such as take licences and pay the duties of excise therefor are greatly
wronged, and the farmers unjustly deprived of their dues, —

Be it therefore enacted,

[Sect. 7.] That if any distiller, importer or any other person what- Forfeiture of
soever, after the said [26""] [twenty-sixtli] day of March, shall presume, withourucense.
directly or indirectl}", to sell any rum or other distilled spirits, or wine,
in less quantity than twent3'-five gallons, or any beer, ale, cyder, pcrrj' or
other strong diink, in any quautit}' less than ten gallons, without licence
first had and obtained from the court of general sessions of the peace in
that county, and recognizing in manner as aforesaid, shall forf[ie][ei]t
and pay for each offence, the sum of four pounds, lawful mone}-, and
costs of prosecution, one half to the farmer of said duties and the other
half to the informer ; and all such as shall neglect or refuse to pay the
fine aforesaid, shall stand closely committed in the common goal of the
count}', and not have the liberty of the goaler's house or yard, until[l]
said sum of four pounds is paid, with costs ? and any goaler giving
liberty' contrary to this act, shall forf[ie][e(']t and paj^ the said sum of
four pounds, and cost[s] of prosecution.

And ivhereas, in order to elude the design of this act, some persons
may join together and buy wine, rum, brandy and other spirits distilled
in quantities above twent^'-five gallons, and afterwards divide the same
among themselves in less quantities, —

Be it therefore enacted,

[Sect. 8.] That where two or more persons, not licenced as afore- Persons not
said, shall join together, and purchase wine, rum, brandy or spirits |j|i^cther"in^pui?
distilled, or shall employ an}' other person or persons not licenced as ciiTising liquors
aforesaid to do it, and shall afterwards divide the same, or cause it to game.'uabie'to ^
be divided among themselves, or otherwise, in less quantities than a forfeiture.
twent3'-five gallons, the}' shall be deemed and taken to be sellers of
such wine, rum, brandy and other distilled spirits, and each and every
of them shall be subject to the same pains, penalties and forf[ie] [ei]tures
as any person by this act is who shall sell wine, rum or spirits distilled,
without licence first had and Obtained.

And whereas some doubts have arisen whether the lending or deliver-
ing wine, rum, brandy or spirits distilled to others, for their use, upon
agreement or in confidence of having the like liquors returned again, be
a sale thereof; wherefore, for removing all such doubts, —

Be it enacted,

[Sect. 9.] That all wine, rum, brandy and other spirituous liquors. Liquors lent or
lent or delivered to others for their use, upon such like consideration, abovrconsldert
is, and shall be deemed and taken to be, an absolute sale thereof. And -it'on, to be
that every person not licenced as aforesaid, that shall order, allow, per-
mit or connive at the selling wine, rum, brandy or distilled spirits, con-
trary to the true intent and meaning of this act, by his or their child or
children, servant or servants, or any other person or persons in or be-
longing to his or her house or family, shall be deemed and taken to be
the seller of such liquors, and be subject to the aforesaid pains and pen-
alties provided against such offenders, and shall be recovered in like
manner : provided, that if it shall be made appear that the liquors lent
or delivered as aforesaid, shall have had the duty paid upon them, or
were purchased of any person or persons having licence or permit, the
114

906 Peovince Laws.— 1755-56. [Chap. 31.]

person lending or delivering the same, as aforesaid, shall not be subject
, to the aforesaid pains and penalties.

Preamt)ie. And ivhereas divers other persons than those licenced to sell rum and

other distilled spirits by retail, have heretofore supplied persons em-
13lo3'ed bj' them in the fishery, building vessel [l]s, and in other business,
with rum and other liquors, without paying any excise thereon, and
thereb}' have defrauded the government of the dut}- of excise, and have
not been subject to the penalty provided by law against selling drink
without licence, and the same practice will probablj' be continued, un-
less effectual care be taken to prevent the same, —
Be it therefore further enacted^
Persons not [Sect, 10.] That all pcrsons not licenced, as aforesaid, who here-

ilfg^hose^em?'^' ^^cr shall, by themselves, or b}' anj- other person or persons under
ployed by tbem them, or b}' their order, allowance or connivance, suppl}' any person or
&c., with^spu-it- persons by them employed iu the fisherj-, building of vessel [l]s, or in any
uous liquors, to other busiucss or [ij[e]mpl03', with wine, rum or other distilled spirits,
sellers. shall be deemed and taken to be sellers of such liquors, and be subjected to

the aforesaid pains and penalties provided against persons selling an}- of
the liquors aforesaid without licence, which shall be I'ccovered in the like
■ manner, unless the}' make it appear that such wine, rum or other dis-
tilled spirits, was purchased of a taverner, innholder or retailer, or
other person or persons that had licence or permit to sell the same.
And he it further enacted.,
eufficTent for [Sect. 11.] That whcu any person shall be charged with selling

conviction. strong drink without licence, one witness produced to the satisfaction
of the court or justice before whom the trial is, shall be deemed suffi-
cient for conviction. And when and so often as it shall be observed
that there is a resort of persons to houses suspected of selling strong
drink without licence, an}' justice of the peace in the same county, shall
have full power to convene such persons before him, and examine them
upon oath concerning the persons suspected of selling or retailing strong
drink in such houses, outhouses or other dependencies thereof; and if
upon examination of such witnesses, and hearing the defence of such
suspected person, it shall appear to the justice there is sufficient proof
of the violation of this act by selling strong drink without licence, judg-
ment may thereupon be made up against such person, and he shall for-
f[ie][ei]l and pay in like manner as if process had been commenced by
bill, plaint or information before the said justice ; or otherwise such
justice may bind over the person suspected, and the witnesses, to the next
court of general sessions of the peace for'the county where such person
shall dwell.

And he it further enacted^

Penalty for sell- [Sect. 12.] That when and so often as any person shall be charged with

to^nlpofsf""'^ selling strong drink without licence to any negro, Indian or mollat[t]o

muiartoes,'&c. slave, or to any child or other person under the age of discretion, and

other circumstances 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 ad-

ministred to him or her by the court or justice that shall try the cause),

such defendant shall forfiie][ei]t and pay four pounds to the farmer of

excise, and costs of prosecution ; but if the defendant shall acquit

him- or herself upon oath as aforesaid, the court or justice may and

shall enter up judgment for the defendant to recover costs.

And he it farther enacted..

Penalty on per- [Sect. 13.] That if any person or persons shall be summoned to

^ve I^fel*° appear before a justice of the peace, or the grand jury, to give evidence

relating to any person's selling strong drink without licence, or to ap-

[7th Sess.] Peovixce Laws. — 1755-56. '" 907

pear before the court of general sessions of the peace, or other court
proper to try the same, to give evidence on the trial of any person
informed against, presented or indicted for selling strong drink without
licence, and shall neglect or refuse to appear, or to give evidence in that
behalf, every person so offending shall forf[ie][ei]t the sum of twenty
pounds and cost of prosecution ; the one half of the penalty aforesaid
to be to his majesty for the use of the farmer, and 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 drink 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,
quorum xinus^ and sealed up and delivered into court, the adverse
part}^ having first had a notification, in writing, sent to him or her of the
time and place of caption, shall be esteemed as sufficient evidence, in
law, to convict any 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 ever}' person or per-
sons 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 enquired of, shall
be liable and subject to the same penalt}^ as he or she would have been
by v[e][f]rlue 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. 14.] That all fines, forf[ie][ei]tures and penalties arising by How fines areto
this act shall and may be recovered by bill, plaint or information, before ^^ recovered.
any court of record proper to tr}' the same; and, where the sum for-
f[ie][et]ted doth not exceed fCur pounds, by bill, plaint or information
before any one of his majesty's justices of the peace in the respective
counties where such offence shall be committed : which said justice is
hereby impowered to try and determine the same. And said justice
shall make a fair entry or record of all such proceedings : saving always
to any person or persons who shall think him-, her- or themselves
ag[ry]r[oi][/e]ved by the sentence or determination of the said justice,
liberty of appeal therefrom to the next court of general sessions of the
peace to be holdcn in and for said county, at which court such offence
shall be finallj' determined : provided, that in said appeal the same rules
be observed as are already required, by law, in appeals from justices,
to the court of general sessions of the peace : saving, only, that the
recognizance for prosecuting the appeal shall be eight pounds.

Be. it further enacted,

[Sect. 15.] That every farmer shall settle all accounts relating to Farmer to settle
said excise in the count}^ where he is farmer, first giving seasonable '»'='=o""'s-
and publick notice of the time and place or places where said business
shall be transacted.

Be it further enacted,

■ [Sect. 1G.] That one or more person or persons, to be nominated and Persons empow.
appointed by the general court, for and within the several counties within the'Ucise'!"^ °^^
this province, publick notice being first given of the time and place and
occasion of their meeting, shall have full power, and are hereby author-
ized, from time to time, to contract or agree with any person for or
concerning the farming the duties in this act mentioned, upon rum and
other the liquors and commodities aforesaid, in the respective counties
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 one
year after the commencement of this act ; and every farmer, or his dep-

908

Provinxe Laws. — 1755-56.

[CilAP. 31.]

Farmer to give
bonil that the
sum asrccd for
Ije paid into the
public treasury.

Farmers may
appoint depu-
ties.

Penalty for far-
mers' or depu-
ties' oft'endint'.

Provision in
ease of death,
&e.

Proviso.

ut}" or deputies, of the duties of excise in any count}', shall have
power to inspect tiie houses of all such as are licenced, and of such as
are suspected of selling without licence, [and] to demand, sue for, and
receive the excise due from licenced persons or others by v[e][i]rtue of
this act.

And be it further enacted,

[Sect. 17.] That the farmer shall give bond with two sufficient
sureties, to the province treasurer for the time being, and his success-
or in said office, in double the sum of mone}' that shall be contracted
for, withcondition that the sum agreed on be paid into the province treas-
ur}', for the use of the province, at the expiration of one yeav from the
commencement of this act ; which bond the person or persons to be
appointed a committee of such county are to take, and the same to
lodge with the treasurer as aforesaid, within twenty daj's after such
bond is executed ; and the said treasurer, on failure or neglect of
payment at the time therein limitted, ma}' and is hereby impowcred to
issue out his execution, returnable in sixty da3's, against such farmer
of excise and his sureties, or either of them, for the full sum expressed
in the condition of their bonds, as they shall respective^ become due,
in the same manner as he is enabled by law to issue out his executions
against def[f ]ective constables, or to put such bond in suit ; and the said
committee shall render an account of their proceedings touching the
farming this duty on rum, wine and other the liquors and species afore
mentioned, in their respective counties, to the general court in the first
week of the next sitting of this court, and shall receive such sum or
sums for their trouble and expencc in said affair as said court shall
think fit to allow them. And ever}- person farming the excise in any
county may substitute and appoint one or more deputy or deputies
under him, upon oath, to collect and receive the excise aforesaid, which
shall become due in said county, and pay in the same to such farmer ;
which deputy and deputies shall have, use and exercise all such powers
and authorities as in and by this act are given or committed to the
farmer for the better collecting the duties aforesaid, or prosecuting
oflTenders against this act.

And be it farther enacted,

[Sect. 18.] 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 persons
within their respective divisions, not licenced by the court of general
sessions of the peace, their selling any wines, rum or other liquors by
this act forbidden, such farmer or deputy, for every such oftonce, shall for-
f[ie] [e(']t the sum of fifty pounds and costs of prosecution ; one half of
the penalty aforesaid to be to his majesty for the use of this j)rovince,
the other half to him or them that shall inform and sue for the same,
and shall thenceforward be forever disabled for serving in said office.:
saving, that said farmer may give a permit to any person to sell wine,
rum or spirits distilled, in quantity from twenty-five gallons and
upward, agre[e]able to this act.

And be it farther enacted,

[Sect. 19,] That in case of the death of the farmer of excise in any
county, the executors or administrators of such farmer shall, upon
their accepting of such trust of executor or administrator, 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 this act.

Provided, always, and it is the true intent and vieaning of this
act, —

[Sect. 20.] That if any taverner or retailer shall sell to any other
taverner or retailer any quantity of distilled liquors or wine, such

[7tii Sess.] Pkovixce Laws.— 1755-56. 909

taverner or retailer, selling as aforesaid, shall not be held to pay such
duty, but the taverner or retailer who is the purchaser shall pay the
same ; and the seller as aforesaid, shall and is liereb}- required to de-
liver to the farmer of this dut}", a true account of such liquors sold as
aforesaid, and to whom sold.

And to the end that the revenue arising from the excise upon spirit-
uous liquors ma}' be increased. and raised with more equal[l]ity, —

Be it enacted^

[Sect. 21.] That from and after the [26*''] [tioenty-sixth'] day of critics to be
March, one thousand seven hundred and fiftj'-six, to the twenty-sixth pcrsoifsffur^ *
day of March, one thousand seven hundred and fifty-seven, upon all ^^^''^'J^^end
rum and other distilled spirits, and all wine, imported or manufactured,
and sold for consumption within this province, there be laid and hereby
is laid the duty or excise following ; viz'^'^., —

For every gallon of rum and spirits distilled, fourpence ;

For every gallon of wine of every sort, sixpence ; to be paid to the
farmer of excise, or his deputy, by ever}' person having permit to sell
the said liquors in each county, respectivel}'.

And he it further eymcted,

[Sect. 22.] That every person.that shall import any of the liquors Liquors not to
aforesaid, or to whom any of them shall or may be consigned, shall be hnpolterf&c.^
and here!)}' is prohibited from selling the same, or any part thereof, without a perl
without having a permit so to do from the farmer of excise, or his ™''"
deputy ; which permit shall be had and procured before the landing of
such liquors. And ever}' person distilling or manufacturing anv of the
said liquors, and every person owning or possessing any of them,
excepting such as are or may be licenced by the court of general ses-
sions of the peace, as aforesaid, shall be and hereby are prohibited
from selling the same, or any part thereof, without having a permit so
to do from the farmer of excise, or his deputy, on forf[ie][ei]ture of
two hundred pounds, and of the value of the liquors so sold ; and the
said permit shall expi'ess the particular shop, house, warehouse, or dis-
til[l]-house where the said liquors shall be permitted to be sold, and if
any person who shall have such permit shall sell and deliver, or cause
to be sold and delivered, any of the' liquors aforesaid from any place
or places not mentioned in such permit, he shall forf[ie][ei]t four
pounds, to be paid to the farmer.

Provided, nevertheless, —

[Sect. 23.] That the impost officer, and his deputy, shall be and Proviso.
hereby are respectively im powered to grant a permit for selling the
liquors aforesaid, or an}' of them, to any person applying for the same,
until[l] the duty or excise aforesaid, in each county, respectively, shall
be let or farmed, and until [1] the fai'mer shall give publick notice that
said duty or excise is let or farmed to him as aforesaid. And said
impost officer, and deputy, shall transmit to the farmer of each county
an account of the permits by each of them respectively granted to
persons living in such county.

Be it further enacted,

[Sect. 24.] That if said farmer or his deputy, shall have informa- Farmer apply.
tion of any place w^here any of the liquors aforesaid shall have been j-of a°^varrant''^
sold by any person not having permit, as aforesaid, he may apply to may search for
any justice of the peace within the county, for a warrant to search such pXeTtobe'con.
place, and said justice shall grant such warrant, directed to some ceaied.
proper officer, upon said farmer or deputy's making oath that he hath
had information as aforesaid, and that he hath just cause to suspect
that the liquors aforesaid, or some of them, have been sold at such
place informed of as aforesaid, and having such warrant, and being
attended by such officer, the said farmer, or his deputy, may, in the

910 Province Laws.— 1755-56. [Chap. 31.]

da3'time, between sun-rising and sun-setting, demand admittance of the
person owning or occupying sucli place, and upon refusal, shall have
right to break open such place, and finding such liquors, may seize and
take the same into his own custody ; and tlie farmer aforesaid, or his
deputy, shall be and hereb}' is impowered to command assistance and
impress carriages necessary' to secure the liquors seized as aforesaid, and
SLXiy person refusing assistance or preventing said officers from executing
their office, shall forf[ie][ei]t five pounds to the farmer ; and the said
farmer or deput}', shall make reasonable satisfaction for the assistance
afforded, and carriages made use of, to secure the liquor seized as afore-
said ; and the farmer, or his deput}', shall then file an information of such
seizure in the inferior court of common pleas for the county wherein
such seizure shall be made : which court shall summon the owner of
such liquors, or the occupier of the shop, house, warehouse or distil[l]-
house where the same were seized, to appear and shew cause, if an}' he
has, why said liquors so seized should not be adjudged forf[ie][ei]ted ;
and if such owner or occupier shall not shew cause as aforesaid, or shall
make default, the said liquors shall be adjudged forf[ie][e;']ted, and
the said court shall order them to be sold at publick ventkie, and the
neet produce of such sale shall be paid, one half to the province treas-
urer, for the use of this province, and the other half to the farmer.
Provided^ —
Proviso. [Sect. 25.] That if the liquors seized as aforesaid be less in

quantity than one hundred gallons, the farmer, or his deputy, shall file
an information thereof with one of the justices of the peace v/ithin the
county where the seizure shall be made, who shall summon the owner
or occupier aforesaid in manner as aforesaid, and if such owner or
occupier shall not shew cause, or shall make default as aforesaid, he
shall adjudge such liquors forf[ie] [(?«'] ted, and shall order them to be
sold as aforesaid, and the neet produce of such sale to be disposed of
as aforesaid : saving to the person convicted the liberty of an appeal,
he entering into recognizance to the king, for the use of the farmer, in
the sum of fifty pounds.
Provided, also, —

[Sect. 26.] That if such farmer or deputy shall jiot find any of the
liquors aforesaid in the place informed of, and broken open, as afore-
said, he shall pay double damages.
Be it farther eyiacted,
Persons having [Sect. 27.] That every person having permit as aforesaid, shall, at
SioTendcr the end of each half year, respectively, from the [26th] [tiuentT/sixth']
an account to day of March, onc thousand seven hundred and fifty-six, be ready to
the endof every rcudcr to the farmer aforesaid, or his deputy, an account, on oalh, if
half year: sa«. required, of all the liquors aforesaid by him or her, and by any person or
"*^' ' persons on his or her behalf, sold ; and also of all of the aforesaid

liquors by him or her imported, distilled or manufactured, or which have
come into his or her possession since the [26] [^twenfy-sixth'] of March
afores[ai]d, except the same were bought of a licen[s][c]ed person in
a quantity less than twenty-five gal[/]ons, which in his or her family
have been consumed or expended within each half year, respectively :
which account shall express the number of gallons of each kind of the
liquors so sold and consumed, and shall pay therefor to the said farmer
or his deputy the duty aforesaid, excepting for so much as shall liave
been sold to taverners, innholders or retailers having licence fiom the
sessions as aforesaid, or to any other persons having permit as afore-
said ; and so much as shall have been exported out of this province ;
and if any of said liquors shall have been sold to persons licenced by
the sessions, or to persons having permit, said account shall exhibit the
names of such licenced persons who purchased, and persons having

[7th Sess.] Peovince Laavs. — 1755-56. 911

permit, and the time when the}' purchased the same ; and the pei'son
accounting shall exhibit a certificate under the hand of the licenced or
permitted person purchasing, which shall express the number of gal-
lons'and the kind of the liquors purchased, and the time when the same
were purchased, and the name of the town and county wherein such
licenced or permitted person lives, and shall lodge the said certificate
with the said farmer or his depiit}- ; and for the quantit}' of said liquors
mentioned in such certificate, the said farmer or bis deput}^ shall not
demand any duty, but shall deliver said certificate to the farmer of the
county wherein such licenced or permitted person, signing the same,
lives : which last-mentioned farmer or his deputy shall settle with such
licenced or permitted person for the duty aforesaid which may be due
from him or her.

FSect. 28.1 And if any person having permit as aforesaid, shall Persons having

t • „ , T o .^ , n 1 • • • •'' permit, as

ship or export any of the liquors aforesaid out of this province in a aforesaid, to

quantity not less than sixty gallons, and shall make entry thereof with ^f7iquors b'y"*

the farmer aforesaid, or his deputy, and shall produce to such farmer or them sent out of

deput}-, when he comes to settle his account of excise, one of the re- ® p''°^''^'=^-

ceipts or bills of lading given therefor by the master of the vessel on

board which such liquors shall be shipped, expressing the quantity

thereof and the time of their being ship[2:)]ed, and shall lodge such

receipt or bill of lading with the farmer or his deput}' aforesaid, and

at the same time shall swear that such liquors are bond fide sent, or

intended to be sent, out of this province, he or she shall not be held to

pay thereon the dut}^ aforesaid.

[Sect. 29.] And if any person not having permit shall purchase for Persons not
exportation out of this province any of said liquors in a quantity not to^remier^an ac.
less than sixty gallons of a person having permit, the purchaser shall ^o'^"'* Re-
make enti-y thereof with the farmer or his deputy, and at the same time
swear that such liquors are bond fide sent, or intended to be sent, out
of the province, and shall within ten days after the purchase deliver one
of the receipts or bills of lading given for such liquors, as aforesaid, to
the person of whom he purchased the same, or be subject to pay the
amount of the duty thereon to the person of whom he purchased a^
aforesaid, who shall pay such duty to the farmer or his deputy ; but if
the purchaser aforesaid shall deliver such receipt or bill of lading as
aforesaid, and it be lodged with the farmer or his deputy, then, for the
quantity of said liquors mentioned therein, the farmer or his deputy
shall not demand any dut}'.

[Sect. 30.] And if the master of any vessel[l], or any other person. Penalty for mas.
shall give such certificate, receipt or bill of lading, without receiving glvin'g cenirt!
the liquors mentioned therein ; or if any person shall procure such cer- cdvi^^^'i'iie"' ^'^'
tificate, receipt or bill of lading, with design to defraud the farmer, and liquorl.
shall be thereof convicted, they and each of them shall fori'[ie][et]t and
pay the sum of one hundred pmnds ; one half for the use of this gov-
ernment, and the other half for the use of the farmer. And if any
such certificate, receipt or bill of lading shall be forged, counterfeited
or altered, the person forging, counterfeiting or altering shall incur the
penalty of one hundred pounds.

Prodded, nevertheless, —

[Sect. 31.] That the person having permit as aforesaid, shall not Proviso,
sell any of the liquors aforesaid in a quantity less than twenty-five gal-
lons (to be sold and delivered to one person at one time), unless he or
she hath licence from the court of general sessions of the peace, as
aforesaid, on pain of incurring the several fines and penalties in the
former part of this act laid upon those persons who sell the liquors
aforesaid without licence.

912

Peovixce iiA"\vs. — 1755-56.

[Chap. 31. j

Farmei- to give
certificate, on
penalty.

Proviso.

Persons apply-
ing for a permit,
to give bond.

Pream'ble.

Persons import-
ing liquors for
private con-
Bumption, &c.,
to render ac-
count thereof to
the farmer.

Farmer may ap-
ply to a justice
for a warrant,
or citation,
wberc lie may
suspect persons
giving a false
account, &c.

Be it further enacted,

[Sect. 32.] That the farmer aforesaid, or his deputy, when the ex-
porter shall make an entry with him as aforesaid, or shall make an
entry with him and swear as aforesaid, shall give to said expoi'ter a
certificate of sucli entrj', or a certificate of such entry and oath, on
penalty of one hundred pounds for the use of the exporter.

Provided, nevertheless, —

[Sect. 33.] That until[l] the duties aforesaid be let or farmed, the
exporter aforesaid ma^' make an entry as aforesaid with the impost offi-
cer or his deput}-, or make such entry and swear as aforesaid ; and of
such entry, or of such entry and oath, the said impost officer or his
deputy shall give the said exporter a certificate : and for the liquors
mentioned in such certificate, when the same shall be exhibited, the
farmer or his deputy shall not demand any duty.

And he it further enacted,

[Sect. 34.] That every person applying to the farmer or his deputy,
or to the impost officer or his deput}-, for a permit, shall give bond, if
required, for the use of the farmer, with two sufficient sureties, in a
sum not exceeding two hundred pounds, nor less than twenty pounds,
at the discretion of the two next justices of the peace, conditioned for
the payment of the excise that shall become due according to the
account to be exhibited by such person taking such permit ; and no
person shall have such permit of the impost officer until [1] he hath
given such bond.

And whereas the importer .of any of the liquors aforesaid, or the per-
son to whom they shall be consigned, may intend the same for his or
her own private consumption, in which case such importer or consignee
is not held by any preceeding part of this act to pay the duty or excise
aforesaid ; wherefore, in order to lay said duty or excise in as equal
manner as may be, —

Be it enacted,

[Sect. 35.] That everj^ person that shall bring or import into this
province, either by land, or water, carriage, any of the liquors aforesaid
for his own private consumption, and every person to whom any such
liquors are consigned for his own private consumption, shall, at the end
of each half j'ear, respectively, make out an account expressing the
kind and the full quantity of the liquors aforesaid, imported or con-
signed as aforesaid ; which account such importer or consignee shall
render to the farmer or his deput}', on oath, if required, and shall pay
to the said farmer or his deputy, on the liquor or liquors mentioned in
said account, the dutj' or excise aforesaid, deducting ten per cent for
leakage, or pay treble duty or excise on the quantity so imported or
consigned, to and for the use of the farmer.

[Sect. 36,] And if said farmer or his deputy shall have reason to
suspect any person of bringing or importing into this province, either
by land, or water, carriage, any of the liquors aforesaid, or of being con-
signee as aforesaid, without having rendered account and paid the duty
or excise as aforesaid, the said farmer may apply to any justice of the
peace within the county where the person suspected lives, for a warrant
or citation ; and such justice is hereby impow[e]red aijd required to cite
or apprehend such suspected person to appear before him within twent}'-
four hours on a complaint made against him or her by the farmer or
his deputy touching the duty or excise aforesaid ; which warrant or
citation shall be served on or delivei-ed to the suspected person himself
or herself; and when the parties shall be before him, the said justice
shall examine into the cause of complaint ; and if it shall appear, either
by the confession of the party, or by the evidence of one credible wit-
ness, that such suspected person has, by him- or herself, or by any one

[7th Sess.J PijoviNCE i^AWS. — 1755-56. 913

on his or her behalf, imported, or has had an}^ of the liquors aforesaid
consigned to him or her, without having render [t']'d an account thereof,
and paid the dut}' or excise as aforesaid, such suspected person shall
then render a full account, on oath, of the kinds and quantity of the
liquors imported or consigned as aforesaid, and shall pa}' on such liq-
uors treble duty or excise as aforesaid, and costs.

[Sect. 37.] And said justice is hereby impowered to make up judg-
ment and award execution accordingl}' : provided the said treble duty
exceed not four pounds ; but if such duty exceed four pounds, then
such justice shall bind the offender to answer his offence at the next
court of general sessions of the peace for the county where the offence
was committed, and such offender shall enter into recognizance, with
two sufficient sureties, to answer for his offence, in the sum of fifty
pounds ; and any person or persons upon refusing to render such
account and paying as aforesaid, shall forfiet fifty pounds for the use
of the fariner, in lieu of such treble duty, to be recovered as is hereafter
provided in this act.

[Sect. 38.] And if no confession be made by such suspected per-
son, and no evidence produced as aforesaid, he or she shall then clear
him- or herself from the complaint aforesaid, by taking an oath in the
form following ; viz"^'^., —

You, A. B., do swear that you have not, directly or indirectly, either by your- Form of the
self, or any person on your behalf, imported into this province any wine, °'^^^'
rum or spirits distilled, and that you have not had any of said liquors directly
or indirectly consigned to you, but what you have paid the duty or excise
upon, according to an act of said province, made in the twenty-ninth year of
his majesty's reign, intitled " An Act for granting unto his majesty an excise
upon spirits distilled, and wine, and upon limes, lemons and oranges." So
help you God.

— which oath the said justice is hereby impowered and required to ad-
minister.

[Sect. 39.] And if such suspected person shall refuse to take said Penalty for re-
oath, or shall neglect to appear upon the citation aforesaid, he or she [he oath° ^^"^^
shall pay the cost[s] of citation, and shall forf[ie] [ei]t, for the use of the
farmer, the aforesaid sum of fifty pounds, and costs of prosecution ; but
if such suspected person shall take the said oath, the costs of citation
or warrant shall be paid by the farmer or his deputy, respectively, who
applied for such citation or warrant ; who shall also pay to the person
cited or apprehended, and taking said oath, the sum of twenty shillings.

Be it further enacted,

[Sect. 40.] That the farmer aforesaid, or his deputy, shall be and Farmer to grant
hereby is obliged to grant a permit, under his hand, to every person pj'nai'ty.'' °"
applying for the same, on penalty of two hundred pounds, to and for
the use of the person making application ; which permit shall be in the
form following ; viz"^'^., —

You, A. B. of C, in the county of D., are hereby permitted to sell rum and Form of the per-
other distilled spirits, and wine, or any of said liquors, at , in C. ""''•

aforesaid , until [1] the twenty-sixth day of March, one thousand seven hundred
and fifty-seven, pursuant to an act of this province, made in the twenty-ninth
year of his majesty's reign, intitled " An Act for granting unto his majesty an
excise upon spirits distilled, and wine, and upon limes^ lem[m]ous and or-
anges." Dated at C, this day of , 175 .

A. B., Farmer (or deputy farmer) of excise for the county aforesaid.

And for such permit the said farmer or his deputy shall be intitled to
receive twopence, and no more ; and the like sum for an entry made
with him, and the like sum for a certificate given by him.

115

914

Provij^ce Laavs.— 1755-56. [Chap. 31.]

Farmer to keep
an office in each
seaport town,
&c.

Preamble.

Persons import-
ing liquors as
aforesaid, to
give bond.

Preamble.

Farmer to give
two receipts,
&c.

Be it further enacted,

[Sect. 41.] That the farmer aforesaid, either by himself or his
deputy, shall keep an office in each seaport town within his county,
where he or his deputy shall give his attendance on every Thursday,
from niiie of the clock in the morning to twelve at noon, to grant per-
mits, receive entr[3'][fe]s, give certificates, (fec'^"^.

Provided, —

[Sect. 42.] That in the town of Boston such an office shall be kept,
and attendance given on every Monday and Thursday, within the hours
aforesaid, of each of said days, respectively.

Provided, cdso, —

[Sect. 43.] That said fai'mer or his deputy, on application made,
shall at any other time grant permits, receive entries, and give certifi-
cates as aforesaid.

And whereas persons not belonging to this province ma}^ import the
liquors aforesaid, and take permit to dispose of the same, and may go
out of the province before the time comes about when persons selling
said liquors are held to account with the farmer, and by that means
may escape pacing the duty upon what has been so disposed of; for
preventing whereof, —

Be it enacted,

[Sect. 44.] That every person importing the liquors aforesaid, and
applying to the farmer or his deputy for a permit to sell the same, shall
give bond to said farmer, if required, in a sum not exceeding two hun-
dred pounds, nor less than twenty pounds, at the discretion of the two
next justices of the peace, with sufficient surety or sureties, that he will
render to said farmer or his deputy an account, on oath, if required, of
the kind and full quantity of the liquors aforesaid sold b}' him, or by
any person or persons on his behalf, and that he will pay thereon the
duty or excise aforesaid before he leaves the province ; and if such per-
son shall refuse to give such bond, the said farmer or his deputy shall
not be obliged to grant him a permit, an3'thing in this act to the con-
trar}^ notwithstanding ; and if such person shall sell any of the liquors
aforesaid without permit, he shall be subject to all the penalties that
other persons selling without permit are subject to ; or if such person
shall give bond as aforesaid, and shall leave the province before such
bond be discharged, the farmer may bring his action on said bond
against the surety or sureties, for the recovery of the sum in such bond
mentioned, which shall be for the use of the farmer.

And to the end that this government may know what monies shall be
received by the farmer of each respective county,' and his deputies, by
v[e][?']rtue of this act, —

Be it enacted,

[Sect. 45.] That to eveiy person licenced by the sessions, and to
every person having permit as aforesaid, the said farmer or his deputy,
when said persons shall account with them, shall give two receipts,
under their hand, for what each of them, respective!}', have received,
either as duty or as forf[ie][c-'i]ture, or in any other way ; and the said
receipts shall express the true and just sum received, and the considera-
tion for which it was received ; and one of the said receipts shall be
lodged, within one month after the date thereof, by each person, respect-
iveh', to Avhom said receipt[s] shall be given, with the clerk of the ses-
sions for the county wherein such person lives, on penalty of forty
shillings, and of being rendered incapable of renewing his or her licence
or permit for the future. And the clerk aforesaid shall transmit a true
and fair cop}' of the receipts that shall be so lodged with him, to the
secretary of this province, who shall lay the same before this court.

[7th Sess.] Province Laavs. — 1755-56. 915

And be it farther enacted.,

[Sect. 46.] That the farmer of each respective county shall render Farmer to ren-
an account, on oath, to the province treasurer, when he shall come to on'^oaVo'fT"'^'.
discharge his bond given for the farm of the duties aforesaid, of the recefved, to the
sums and securities he and his deputj^ or either of them, have in ».x\y urer.'""^ *''^**'
way received by virtue of this act ; and the said account shall express
the name of each person of whom the}', or either of them, have received
an}' sum or security, how much that sum is, or security is for, and the
time when the same were received ; and it shall be part of the condition
of the said farmer's said bond, that he will render such account as afore-
said, and if said farmer shall not have settled, when he comes to dis-
charge the said bond, with every person obliged by this act to account
and settle with him, his said bond shall not be discharged till he has so
settled, and rendered an account, on oath, of such settlement to the
province treasurer as aforesaid.

Provided., nevertheless., —

[Sect. 47.] That if said farmer shall, at the end of one month and Proviso.
of [three] [ten"] months, respectively, from the time of pa3'ment ex-
pressed in said bond, [shall] render an account on oath as aforesaid, and
shall swear that such account expresses the whole sum that he hath
[paid and] received, either in money, or b}' securities, or by any other
way whatsoever, then his said bond shall be discharged and be delivered
up to him.

Be it farther enacted^

[Sect. 48.] That if any account of excise shall remain unpaid or Farmer limited
not settled by bond or note for the space of ten months after the expi- for bringing u»
ration of this act, unless the action is depending, the said farmer or his
deputy shall not have right to bring any action against the person
whose said account shall remain so unpaid or unsettled, but shall for-
f [ie][ei]t what might otherwise have been due from such person.

Be it further enacted.,

[Sect. 49,] That all fines, penalties and forf[ie][ej]tures, arising or How fines, &c.,
accruing by any breach of this act, and not otherwise appropriated, acfarf toVe "
shall be, one half to his majesty for the use of this province, and the disposed of.
other half for the use of the farmer; to be recovered b}^ action, bill,
plaint or information in an}^ of his majesty's courts of record. \_Passed
February 28 ; ^published March 4, 1756.

CHAPTER 32.

AN ACT SUBJECTING THE INHABITANTS OF THE ISLAND OF NAN-
TUCKET, AND THE PEOPLE CALLED QUAKERS, IN OTHER PARTS OF
THE PROVINCE, TO AN ASSESSMENT TOWARDS THE CHARGE OF DE-
FENDING HIS MAJESTY'S TERRITORIES, IN LIEU OF THEIR PERSONAL
SERVICE.

"Whereas the impressing of the inhabitants of the Island of Nan- Preamble,
tucket, within this province, is attended with very great difficult [y][ie],
by reason that the said island is situated at a considerable distance from
any other part of the province, being an island at sea, more than thirty
miles from the mainland, and the greatest part of the inhabitants being
of the people called Quakers, —

Be it therefore enacted by the Ooverno{_u'\r, Council and House of
Representatives,

[Sect. 1.] That when and so often as it shall be found necessary Quakers to pay
that a number of men should be raised within the several towns in this * ^""^ '° ^^^^ °^

916

Province Laws.— 1755-56. [Chap. 32.]

personal ser-
vice.

Preamble.

Colonels to re-
turn a list of
Quakers, to the
captain-general.

Captain of each
company to
lodge with the
cleric of the
town a list of
the Quakers in
such company.

Rule for ascer-
taining who are
Quakers.

1737 38, chap. 6.
1747-18, chap. 6.

province, b}^ impress, for the service of his majesty, and the quotas of such
men assigned to the several towns, count[3'][«e]s or regiments within the
province, the inhabitants of the s[ai]d island of Nantuclvet shall pa}- into
the publick treasury of th[e] [/s] province, the sum of thirteen pounds six
shillings and eightpence, for each and every man that shall be assigned
to them to raise as aforesaid ; which mon[eyi pe]s shall be levied and col-
lected on the polls and rateable estates of the inhabitants of said island,
by the same rules of law, and in the same manner, as the province tax
is levied and collected, and shall, from time to time, be added to their
province tax in the then next tax after such impress or impresses.

And whereas there are a number of tbe people called Quakers, inhab-
itants of many towns and districts within this province, besides those
who live on the said island of Nantucket, who alledge a scruple of con-
science to bear arms in war, —

Be it therefore enacted,

[Sect. 2.] That the colonels of the several regiments of horse and
foot within this province, the said island of Nantucket excepted, shall,
between this and the last day of March, this present year, return to the
captain-general a list of the names of the several persons belonging to
their respective regiments, including and particularly setting forth the
exact number of Quakers belonging to each of their said regiments, or
that live within the districts of said regiments ; and when and so often
as it shall be found necessary that a number of men should be raised
witliin the several towns and districts in this province, by impress, for
the service of his majesty, then, and in that case, there shall be a com-
putation made of what number in those regiments are Quakers, and
those regiments shall have no more men impressed than their quota will
be with other regiments, exclusive of Quakers.

And to the intent that Quakers ma}' do their dniy as to the necessary
defence of the province, —

Be it enacted,

[Sect. 3.] That the captain of each militar}' compan}^ in which
there are any of the people called Quakers, shall lodge with the clerk of
the town to which such company belongs, a list of the Quakers in such
compan}' that have been exempted as aforesaid, and shall certify what
number of men would have been liable to have been impressed, in pro-
portion to the rest of the company, out of said list, if they had not been
exempt as being Quakers ; and shall also lodge a duplicate thereof in
the secretary's office, and this within one month after receiving orders
to make such impress ; and for every of said Quakers who would have
been liable to have been so impressed, thirteen pounds six shillings and
eightpence shall be added to that town's proportion of the next prov-
ince tax ; and the assessors, in making their assessment, shall app6r-
tion such sum or sums among those persons, called Quakers, mentioned
in such list or lists, and no others.

[Sect. 4.] And for the better ascertaining who are Quakers, the
same rule shall be observed as is observed respecting the Quakers being
freed from minister's rates, as by the laws of this province now in force,
so far as is needful in this case : provided, that no persons shall be con-
sidered as Quakers for the purposes mentioned in this act, except such
as professed themselves to be Quakers on or before the first day of
March the present year.

[Sect. 5.] This act to continue and be in force from the twelfth of
March, 1756 [owe thousand seven hundred and fifty-six], for the space
of three years, and no longer. [^Passed March 8 ; published March 11,
1756. .

[7th Sess.] Peovince Laws.— 1755-56. 917

CHAPTER 33.

AN ACT FOR REVIVING AND CONTINUING AN ACT MADE AND PASSED
IN THE TWENTY-EIGHTH YEAR OF HIS PRESENT MAJESTY'S REIGN,
INTITLED "AN ACT FOR GRANTING TO HIS MAJESTY SEVERAL RATES
AND DUTIES OF IMPOST AND TONNAGE OF SHIPPING."

Be it enacted by the Governo[iC]r^ Cauncil and House of Representa-
tives,

That the act made and passed in the twent3--eighth j'ear of his pres- Last impost act
ent majest3-'s reign, intitled " An Act for granting to his majesty sev- 1754-55! ch'ap. lo.
eral rates and duties of impost and tonnage of shipping," which expires iT55 56,chap. 1.
the twent^'-sixth of March, this present year, and every clause thereof,
and every matter and thing therein contained : saving, only, so far as
relates to the duties on liquors ; be and hereby is and shall be revived
and continued to the twent3'-sixth day of April next following, and no
longer. [^Passed March 10 ; published March 11, 1756.

CHAPTER 34.

AN ACT FOR PREVENTING CHARGE TO ANY PARTICULAR TOWN OR
DISTRICT BY MEANS OF THE INHABITANTS OF NOVA SCOTIA THAT
ARE OR MAY BE SENT TO THIS PROVINCE.

"Whereas many towns and districts within this province have been Preamble,
compelled to receive the inhabitants of Nova Scotia which have been
sent and are arrived here, and it may happen that in time to come some
of said inhabitants by means of sickness, or from other causes, may be
unable to support themselves, and it may be necessary- that relief
should be afforded to them, —

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

That whensoever it shall so happen that any of said inhabitants of Nova-Sootia in.
Nova Scotia shall, by sickness or otherwise, be rendered incapable of provkicd forjn
providing for their own support, the towns or districts where such iohab- ^-i^e of sickness,
itants are or maj^ be shall not be held to make provision for the support
of such inhabitants at the charge of such towns or districts, but at the
charge of the province ; and if any time hereafter no special provision
shall be made and in force for that purpose, then such of said inhabi-
tants as shall be unable to provide for their own support shall be re-
l[ei][ie]ved and supported in like manner as sick and indigent per-
sons who are not inhabitants of any town or district are by law to be
relieved and supported ; and the charge thereof shall be paid out of
the province treasury. \_Passed March 9 ;* published March 31.

• Signed March 6, according to the record.

918

PiiOviiNCE Lxiws.— 1755-56. [Chap. 35.]

CHAPTEK 35.

AN ACT IN ADDITION TO AN ACT MADE IN THE PRESENT YEAR OP
HIS MAJESTY'S REIGN, INTITLED "AN ACT MAKING PROVISION FOR
THE INHABITANTS OF NOVA SCOTIA SENT HITHER FROM THAT GOV-
ERNMENT AND LATELY ARRIVED IN THIS PROVINCE."

Preamble,
1755-56, chap. 23.

Courts of gen.
eral sessions,
justices, select-
men, overseers
of the poor;
their power re-
lating to said
inhabitants.

Selectmen or •
overseers of the
poor to provide
implements of
husbandry, &c.,
for said inhab-
itants.

Accounts to be
taken of charges
in consequence
of this act.

Overseers' duty
and charge.

Limitation.

Whereas, since the passing an act made this present year of his maj-
est3''s reign, intitled "An Act mailing provision for the inhabitants of
Nova Scotia sent hither from that government and lately arrived in this
province," a further number of said inliabitants liave been sent to and are
arrived with this government, and no special provision has been made,
by law, for their regulation and support, and the aforesaid act has in
other respects been found insufficient, —

Be it therefore enacted by the Governour, Couricil and House of Mepre-
sentl^ati^ves,

[Sect. 1,] That the courts of general sessions of the peace, the
justices of the peace in the several counties, the selectmen and the
overseers of the poor in the several towns where said inhabitants may
have been, or shall be disposed of, by virtue of any votes or orders of
the general court, be and hereby are authorized and required to employ,
bind out to service, or make provision for the support of the said inhab-
itants in like manner as the said courts of sessions, justices of the
peace, selectmen or overseers, or any of them, would by law be author-
ized and impowered to do, were they, the said inhabitants of Nova
Scotia, inhabitants of any town or towns within this province.

And be U further enacted,

[Sect. 2.] That the selectmen or overseers of the poor in the sev-
eral towns where said inhabitants have been or may be disposed of as
aforesaid, be and hereb}^ are authorized and required to provide neces-
sary implements of husbandry-work, weaving, spinning and other handi-
craft work, according to the capacity for labour and other circumstances
of the several inhabitants aforesaid, not exceeding forty shillings for
any one person, and also to provide an house or houses for an}- family
or families, the heads whereof will undertake for the support of them-
selves and famil}-, and also to aiford rel[ei][ie]f and support to all such
as are. incapable of relieving and supporting themselves ; and such
selectmen or overseers shall keep an exact account of all charges in
consequence of the act aforesaid, or of this additional act, — such account
to be made up until [1] the first day of June next, and so until [1] the
first day of June, annually, during the continuance of this act, — and
shall transmit the same, from time to time, to the secretary's office, in
order to be laid before the governour and council for allowance and ptxy-
ment, and in order to ascertain the sums advanced b}- this governm[enjt
for the services aforesaid.

And be it further enacted,

[Sect. 3.] That in any town where overseers of the poor shall be
chosen, it shall be part of their duty and charge to take care and pro-
vide for the inhabitants of Nova Scotia sent to such town ; and in any
town where there shall be no overseers of the poor, it shall be the duty
and charge of the selectmen.

[Sect. 4.] This act to be in force until [1] the twentieth day of June,
which will be in the ^-ear of our Lord one thousand seven hundred and
fifty-seven, and no longer. \_Passed March 6 ; published March 31.

[7th Sess.] Province Laws.— 1755-56. 919

CHAPTER 36.

AN ACT TO ENABLE THE COMMITTEE OF WAR MORE EFFECTUALLY
TO PROVIDE NECESSAR[Y][ZE]S FOR THE INTENDED EXPEDITION
AGAINST CROWN POINT.

Whereas this court have agreed to join with the governments of Preamble.
Connecticut, New York, New Ilampshire and Rhode Island, in carrying
on an expedition against Crown Point, as soon as possible, and have
chosen and appointed two committees, to transact the necessary atfairs
for the carrying on said expedition, so far as relates to this govern-
ment, and as there will be occasion for the said committees to take up
a considerable quantity of provisions, warlike stores, cloathing, &c.,
for that purpose ; wherefore to prevent any impositions on this province
by persons who are owners or possessors of such articles as are or shall
be wanted for carrying said expedition into execution, —

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

[Sect. 1.] That when and so often as any provisions, warlike Application
stores, horses, carriages or any other kind of thing necessary for car- ^ustkes'^oFthe
rying into execution the designed expedition against Crown Point, peace, &c., in
shall be withheld from cither of the said committees, or shall be denied sfc.! are with?^'
them upon their offering a reasonable price or rate for the same ; each ^'^^^ f™™ ^^^^
and every of his majest3''s justices of the peace is hereb}' authorized and
required, upon application made in writing by either of the said com-
mittees, or by a major part of either of them, to issue a warrant within
their respective counties, to the sher[r]iff of the said count}', or his dep-
uty, to impress the same, lying and being within their proper district,
and if need be, to break open and enter, in the daytime, any shop, ware-
house, storehouse or vessel, for that purpose, and take the same from
thence; and all sher[r]iffs and deput3'-sher[r]iffs, are directed and re-
quired to execute all such warrants accoixlingly.

[Sect. 2.] And for all such commodities, horses, carriages or any Current price to
other thing impressed or taken awaj' by virtue of this act, the com- modities^*im^°™'
mittee to whose order the same shall be delivered, shall pay, or cause pressed or taken
to be paid to the owner thereof, or to his agent or factor, the then usual era.
or current rates or prices ; and in case of any dispute or disagreement
between such committee and the owners of such articles concerning the
rates or prices thereof, the same shall be fixed and determined b}' two
meet persons, to be mutually chosen by them : and in case the owner,
or his agent or factor, shall neglect or refuse to join in the choice of
apprizers, it shall and may be lawful for the sher[r]iff or his deputy' to
choose one meet person in their behalf; and in either case the two per- Pnceofpro-
sons so chosen or appointed, shall have power to ch[u][oo]se a third if be 'fixed ^y'per-
the}'^ shall find it needful, and the rates or prices agreed upon and certi- sons mutually
fied under the hands of the persons so chosen or appointed, or the major lhtrT\kl^y^li&.
part of them, shall be as binding upon the committee, and upon the P"'"^-
owner or owners of such articles so taken, as if they had been mutually
agreed upon by them. \_Passed March 10 ; published March 31.

920

Peovixce Laws. — 1755-56. [Chap. 37.]

CHAPTEE 37.

AN ACT IN ADDITION TO, AND FOR RENDERING MORE EFFECTUAL, AN
ACT MADE IN THE TWENTY-EIGHTH YEAR OF HIS PRESENT MAJ-
ESTY'S REIGN, INTITLED " AN ACT FOR GRANTING UNTO HIS MAJESTY
AN EXCISE UPON SPIRITS DISTILLED, AND WINE, AND UPON LIMES,
LEM[JJf]ONS AND ORANGES."

Preamble.
1754-55, chap.
16, § 1.

Licensed per-
Bons to render
an account from

"Whereas in and by the said act it is, among other things, provided,
that from and after the twent^'-sixth day of December, one thousand
seven hundred and fiftj'-four, every person licen[s][c]ed for retailing
rum or other spirits, or wine, shall pay the duties following, to the
person or persons to whom the same shall be let or farmed ; viz'^'^, —

For every gallon of rum or spirits distilled, fourpence.

For every gallon of wine, of every sort, sixpence.

For every hundred of lemons or oranges, four shillings.

And for every hundred of limes, one shilling and sixpence.

— And so proportionably for any other quantity or number.

But the aforesaid duties of excise, arising between the twenty-sixth
day of December, one thousand seven hundred and fiftj^-five, and the
twenty-sixth day of March, one thousand seven hundred and fift}'-
six[th], are not farmed, nor is there any person or persons appointed
to let or farm the same, —

Be it therefore enacted by the Governour, Council and House of Hep-
resentatives,

[Sect. 1.] That every person licen[s][c]ed as afores[m]d shall, on
the twent3'-seventh day of September next, pay the aforesaid duties of
MlrchVme'*' ®^cise to the person or persons to whom the same shall befarm[e]'d, or
to their respective deputies, on all distilled spirits, wine, lemons and
oranges by him or her sold, used or consumed between the twenty-
sixth day of December, one thousand seven hundred and fifty-five, and
the twent3'-sixth day of March, one thousand seven hundred and fifty-
six ; and for the ascertaining the amount of the same duties, eveiy per-
son licen[s][c]ed as aforesaid shall, on the said twenty-seventh day of
September, render an account, in writing, of all the distilled spirits,
•wine, limes, lemons and oranges by him or her sold, used and consum[e]'d
within that time, and shall, also, if required, make oath, before such
farmer or farmers, or their respective deputies, who are hereby impow-
ered to require and administer the same, in form following ; viz'^'^., —

" You, A. B., do swear that this account by you rend [e] red, is, according to
the best of your knowledge, a just and true account of all the distilled
spirits, wine, limes, lem[w]ous and oranges directly or indirectly sold, used or
consumed by you, or any person or persons for or under you, by or with yom*
order, consent, allowance or connivance, between the twenty-sixth day of
Decern [6e]r, one thousand seven hundred and fifty-five, and the twenty-sixth
day of March, one thousand seven hundred and fifty-six. So help you God.

Licensed per. [Sect. 2.] That evcry person licen[s][c]ed as aforesaid, who shall

accouutr&c.fon ncglcct or refusc to render such account, and pay the duties aforesaid to
penalty,' to be the pcrsou or pcrsons to whom the same shall be let or farmed, or to their
Bioni^^ ^^^ *^' respective deputies, shall forf[ie] [ei]t and pay to such farmer or farmers
double the sum that the duties aforesaid in the judgm[ew]t of the court of
general sessions of the peace, held in the county where such licen [s] [c]ed
person dwelt, would have amounted unto, which court is hereby, upon
the information of the said farmer or farmers,, impowered to hear and de-
termine the same, give judgm[€w]t therein and award execution thereon.

Form of the
oath.

[7th Sess.] Province Laws.— 1755-56. 921

And be it further enacted,

FSect. 3."1 That the committees respectively appointed in each Former commit-

'-,.-'.,, ... '■ ^ i i .,, tees' power to

count}' to contract and agree with any person or persons concerning the contract with
duties of excise arising by the act akead}' pass[e]'d this session, shall tbe farmers.
and hereby are impowcred, in like manner, and at such time as shall be
agreed upon by the said committees, to sell the aforesaid duties of
excise, arising between said twent^'-sixth day of December, one thou-
sand seven hundred and fifty-five, and the twent3--sixth da}- of March,
one thousand seven hundred and fifty-six, to him or them that will pur-
chase the same ; the person or persons so purchasing the same duties,
giving bond, with sufficient sureties, to the province treasurer, to pay
into the treasuiy, by the twenty-sixth day of October next, the sum or
sums for which the duties aforesaid are sold.

Provided, always, —

[Sect. 4.] That the allowance for leakage and other wast[e] shall
be the same as in and by the afores[ai]d act first mentioned is pro-
vided, and no other. [Passed March 10 ; published March 11,* 1756.

CHAPTEE 38.

AN ACT TO PREVENT FARMERS AND COLLECTORS OF THE DUTIES OF
EXCISE BEING MEMBERS OF THE GENERAL COURT OR ASSEMBLY
OF THIS PROVINCE.

Whereas many inconveuiencies may arise to this government by per- preamble,
sons concerned in farming or collecting the duties of excise being
members of the general court or assembly, —

Be it enacted by the Governour, Council and House of Representatives, purchasers or
That no person who shall, either directl}" or indirectl}', be a purchaser c°se'^,io°''to°4®^"
or collector of the duties of excise laid hx the act passed this present members of the
session of the gen[era]l court, or which shall be laid by any future act, *^°"''''
or who shall, directly or indirectlv, be a sharer w[i]th an}' such pur-
chaser or collector in such duties, shall be allowed to be a member of
the council or house of represent [a^ijves of this province during the
t[er]m[e] of his being so concerned. \_Passed March 9;| published
March 31, 1756.

* According to the printed act the date of publication is March 31.
t Signed March 5, according to the record.
116

922

Province Laws. — 1755-56. [Chap. 39.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Thirtieth day of March, A. D. 1756.

CHAPTEK 39.

AN ACT FOR PREVENTING PETITIONS TO THE GENERAL COURT RE-
LATING TO LICENCES FOR RETAILING STRONG DRINK, AND KEEPING
HOUSES OF PUBLICK ENTERTAINMENT.

Preamble.

Court of ses-
sions to grant
licenses, if tbey
think lit.

Time for grant,
ing licenses.

Persons not ap-
plying for
licenses at the
time appointed,
to be excluded,
unless.

Whereas petitions have often been preferr[e]d to the great and gen-
eral court, for enabling the courts of general sessions of the peace to
grant licences to innholders and retailers of strong drink, whereb}' the
publick affairs of the province have been much interrupted, and the sev-
eral sessions of this court protracted ; therefore, for preventing such
inconvenience for the future, —

Be it enacted by the Governo[iC\r, Council and House of Represent-
atives^

[Sect. 1.] That upon application made to the court of general ses-
sions of the peace in aii}^ count}' within this province, at an}' of the terms
by law appointed for holding the same in such county, for licen'ce to
keep an inn, tavern or other house of publick entertainment, or to re-
tail strong liquors, the justices of such court are hereb}^ authorized, at
such term, to grant such licence, in case they shall judge it necessary
or of publick convenience, and the person applying therefor be suitably
qualified for such employment and recommended in manner as the law
directs, and the house in which he is to exercise such licence be com-
modiously situated for the entertainment of travellers and other publick
uses.

Provided^ —

[Sect. 2.] That no such licence be firstl}* or originally granted at
any time after the term by law appointed for granting of licences in
such count}', nor to any person who shall have applied for a licence at
such term, and shall have been denied the same, uuless it shall evidently
appear that the cause of such denial be then removed ; nor shall any
licence be granted on any other day of the sitting of such court, but
that whereon the justices of such county have been wont to give their
more general attendance.

And tmliereas the granting of licences at any term of such court's sit-
ting, frequently and indiscriminately, and the countenancing any un-
seasonable applications for them, may be attended with no small incon-
venience,—

Be it therefore further enacted,

[Sect. 3.] That no person applying for such licence at any other
term of such court's sitting, than that by law assign [e]'d for granting
licences, shall be admitted thereto, who shall not pay and deliver into
the hands of the clerk of such court, besides the appointed fee, the sum

[8th Sess.] Peovince Laws. — 1755-56. 923

of twelve shillings, to be by such clerk delivered to the treasurer of such
county for the county's use, unless it shall appear to the satisfaction of
the justices, that the nature of the case, or circumstances attending it,
would not admit of an earlier application, or that the petitioner, by
some providential and unavoidable lett or hindrance, was prevented
doing it ; in which case, no more shall be demanded than the appointed
fee.

[Sect. 4.] This act to commence on and from the twentieth day of Limitation.
April instant, and to continue in force until [1] the first daj' of April,
which will be in the year of our Lord one thousand seven hundi%d and
fifty-nine, and no longer. [^Passed April 3 ; imhlished April 8, 1756.

CHAPTER 40.

AN ACT FOR THE MORE SPEEDY LEVYING OF SOLDIERS FOR THE
EXPEDITION AGAINST CROWN POINT.

"Whereas this government, in conjunction with the other governments Preamble,
in New England and New York, have judged it necessary that there be
a new expedition formed against Crown Point, and this government
have determined to raise for said expedition three 'thousand five hun-
dred men, including officers, to form an arm}", with what shall be raised
b}' the other governments, under the command of Major General Wins-
low ; wherefore, for the more speedy and effectual raising and levying
of soldiers for the service aforesaid, —

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

[Sect. 1.] That there be and hereby is ordered to be a general Manner of noti-
muster of all the companies, both of horse and foot, in all the regi- of'the^seTCrar'"
ments within this province, on the twenty-second day of April instant; companies of
and if the number of three thousand five hundred men, including offl- toralse voiu'n-^
cers, shall not be [e] [ijnlisted before that time, it shall and may be lawful ^^^''^' ^'=-
to compleat the same by an impress ; and upon due warning given, pur-
suant to the order of the captain or commanding officer of the several
troops or companies, by one of the Serjeants or corporals of the several
troops and companies, to each person belonging to the same, either in
person, or, in case of his absence from home, by leaving a notification,
in writing, at the usual place of his abode, for mustering the said com-
panies of horse and foot for the purposes before mentioned, every per-
son, who by law is obliged to attend military musters, whether belong-
ing to any troop or foot company, shall punctually attend and continue
at such muster at the time and place that shall be appointed therefor,
on pain of incurring the penalty of twent}' pounds (unless it shall Fine in case of
appear, on trial of the offence, that his attendance was necessaril}' and
unavoidably prevented) to be recovered by action of debt, with full
costs of suit, to be brought by the clerk of the respective troops or
companies to which such person not appearing as aforesaid belongs,
who is hereby impow[e]red to commence and prosecute such action ;
and if such delinquent person be a son under age 'or a servant, the said
action to be brought against, and penalty recovered of, his parent or
master ; one third part of said penalty to be for the use of the clerk
who shall sue for the same, and the remaining two thirds for the use of
the town where the defendant lives.

[Sect. 2.] And every person who shall be impressed by the com- Fine for not
manding officer of each company or troop, or such person as he shall imprefsed.*^^"
appoint for the service aforesaid, shall duly attend the same, either by

non-appear-
ance.

924 Peovince Laws.— 1755-56. [Chap. 41.]

himself or by some other effective able-bodied person in his stead, on
penalt}' of the sum of ten pounds (unless he shall have had a discharge
from such impress, in writing, under the hand of the captain or chief
officer of such company, or troop, or regiment, or of the commander-
in-chief of this province) to be recovered by warrant from the captain or
chief officer of such company, directed to the clerk of such company or
troop, to levy by distress and sale of tlie goods and chatt[e]l[e]s of such
offender, or of the goods and chatt[e]l[e]s of his parent or master, in
case such impressed person be a son under age or a servant ; and the said
clerk is hereby fully impowered and required to levy and collect the said
sum in such manner as constables of towns and districts within this
Manner of proviucc are impow [e] red to levy town taxes ; and for want of goods and
recovery. chatt[e]l[e]s whcrcon to make distress, to commit[t] such offender to

the common goal of the count}', there to remain 'till such time as the same
fine and charges are paid : which said fine of ten pounds, when received,
shall be disposed of as fines are for persons impressed not attending the
service, by virtue of an act of this province made and passed in the
1753-54, chap. 41. tweiity-scventh ycar of liis present majesty's reign, intitled "An Act
for levj'ing of soldiers, and to prevent soldiers and seamen in his
majesty's service from being arrested for debt." [^Passed April 13 ;
published April 15, 1756.

CHAPTER 41.

AN ACT IN ADDITION TO AN ACT, INTITLED " AN ACT FOR REGULAT-
ING OF THE MILITIA."

Preamble. Whereas, b}' an act of this province made in the fifth year of the

1693-94, chap. 3. ^.gjgj^ ^f ^j^^jj. j.^^^ majest[y][ie]s, William and Mary, intitled "An
Act for regulating of the militia," several persons are excused from all
trainings, military watches and wardings ; and the government being
oftentimes necessitated to borrow money for the public [Iv] service, and
it may expedite the raising of money for that service, if the lenders
were excused from the aforesaid duties ; wherefore, —

Be it enacted by the Governour, Council and House of Representatives.,
Persons lending fSECT. l.l That cvcry pcrson who shall at any one time lend the

the sovcrnmeut ^ r. -I, i i i . -i • ^ c

£i,ouo,toboex. sum of one thousand pounds, or upwards, to the province treasurer, tor
tary duUes.™'''" ^^® "^® ^^ ^^^^^ govemmcut, shall be and hereby is exempted from all

trainings, mil[l]itary watches and wardings, and from all impresses,

during the continuance of this act.

And to the end it may be ascertained who the lender is, and that he

may have evidence of his having lent the sum aforesaid for the use of

this government, —
Be it enacted^
Method to [Sect. 2.] That the person whose name shall be expressed in the

theYenderTs." receipt or obligation given by the treasurer for the sum lent (and not
. any other pcrson, to whom such receipt or obligation ma}' be made over

or endorsed), shall be' deemed the lender, and upon application made to

him, the treasurer shall give a certificate to such lender, of his having

lent the sum aforesaid for the use of this government ; which certificate

shall be a sufficient evidence of such lender's being intitled to the

exemption aforesaid.
Limitation. [Sect. 3.] This act to continue and be in force for the space of five

years from the sixteenth day of April, one thousand seven hundred and

fifty-sis. \_Passed and published April 16, 1756.

[8th Sess.] Province Laws.— 1755-56. 925

CHAPTER 42.

AN ACT IN ADDITION TO AN ACT, [E][i]NTITLED "AN ACT FOR SUPPLY
ING THE TREASURY WITH THE SUM OF SIXTY THOUSAND POUNDS."

Whereas, by an act made this present 3'ear of his majesty's reign, Preamble.
[e][;']ntitle(l " An Act for supphnng the treasnry with the sum of sixty I'oo-se, chap. 27.
thousand pounds," the province treasurer is [e][i']mpowered to borrow
forty thousand pounds of his excellency the governour, and a further
sum, not exceeding twenty thousand pounds, of such person or persons
as shall be willing to lend the same ; and for every sum borrowed of such
person or persons, to make up the aforesaid sum of twenty thousand
pounds, the said treasurer is directed to give a receipt and obligation,
payable the second day of June, 1757. And in order to draw the said
twenty thousand pounds into the treasury, so as to enable the treasurer
effectuall}' to discharge the receipts and obligations given therefor (with
the interest that ma^* be due thereon), it is in said act enacted, "That a
tax of twentj'-two thousand pounds be levied on polls, and estates both
real and personal within this province, in manner following ; that is to
say, eleven thousand pounds, part thereof, according to"" such rules and in
[such] proportions on the several towns and districts within this prov-
ince as shall be agreed on and ordered b}^ the general court or assembl}',
at their session in Ma}', 1756, and to be paid into the pnblick treasury
on or before the 3P' of March next after ; and the further sum of eleven
thousand pounds, according to such rules and in such proportions on
the several towns and districts aforesaid as shall be agreed on and
ordered by the general court, at their session in May, 1757, and to be
paid into the publick treasur}^ on or before the 3P' of March then next
after" ; whereby the receipts and obligations directed b}' said act to be
given by the treasurer for one half of the said sum of twenty thousand
pounds, to be borrowed as aforesaid, will become pa3-able before the
last-mentioned tax, which is one of the funds for the redemption of
said receipts and obligations, will be payable into the treasury ; where-
fore, in order that the receipts and obligations aforesaid may be made
payable in a suitable time after the said last-mentioned tax shall be
payable into the treasur}', and that no inconvenience ma}^ arise in con-
sequence of the act aforesaid, —

Be it enacted hy the Governour, Council and House of Representatives,
That for one half of the said twenty thousand pounds which he is
[e][i]mpowered to borrow b}' the act aforesaid, the treasurer shall give
his receipts and obligations in the form following ; viz'^'^., —

Province of the Massachusetts Bay, the day of , 175 . Form of treas-

Received of the sum of , for the use and service of the province "^er's receipt,

of the Massachusetts Bay, and, in behalf of said province, I do hereby promise
and oblige myself and successors in the office of treasurer to repay the said
or order, on the second day of June, 1758, the aforesaid sum of ,

in coin[e]'d silver at six shillings and eightpence per ounce, or Spanish
miird dollars, at six shillings each, with interest annually, at the rate of six
per cent per annum. Witness my hand, H. G., Treasurer.

— anything in the act aforesaid to the contrary notwithstanding.
\_Passed April 20 ; published April 21, 1756.

926

Peovince Laws. — 1755-56.

[CiiAP. 43.]

CHAPTER 43.

AN ACT IN ADDITION TO THE SEVERAL ACTS AND LAWS OF THIS
PROVINCE NOW IN FORCE RESPECTING POOR AND IDLE, DISORDERLY
AND VAGRANT PERSONS.

Preamble.

Overseers of the
poor to take
under, idle, dis-
solute persons
•who have
estates.

Proviso.

Preamble.

Persons liable
to the house of
correction, may
be bound to
service.

Whereas some idle, dissolute and vagrant persons, having some
estate and accordingly rateable, take no care of their families, nor im-
prove their estates to the best advantage ; which persons are not under
the care and inspection of the overseers of the poor or [^tJie'] selectmen
of the town where such idle persons dwell, —

Be it therefore enacted by the Oovernour, Council and House of Hepre-
sent[^ati']ves,

[Sect. 1.] That where any idle, dissolute or vagrant persons, having
a rateable estate, do neglect to take due care of themselves and their
families, or to improve their estates, that in all such cases the overseers
of the poor or the selectmen of the town shall be and hereby they are
impow[e]red to take the like care and inspection of such person or per-
sons who neglect the due care and improvem[en]t of their estates, and
who mispend theh- time and money, and who live idle, vagrant and dis-
solute lives, as if they were poor, indigent and impotent persons, and
accordingly, with the assent of two justices of the peace of the same
county, quorum xmus^ put out into orderly families their children, if
any they have, and improve their estates to the best advantage, and
apply the produce and income thereof towards the support of them
and their families.

Provided^ —

[Sect. 2.] That any of the said idle persons thinking themselves
aggr[ei][ie]ved, may make their application to, and have remedy from,
the justices in the gen[era]l sessions of the peace in the same county,
if the}" see cause, who are hereby impowered to rel[ei][ie]ve such
aggr[ei] [ze]ved person from the determination of the selectmen.

And ivhereas it is apprehended that many adult persons, both male
and female, who by virtue of the laws of this governm[eJ^]t are liable and
lawfully may be sent and committed to the house of correction for the
county, or workhouse for the town, in w[7ii]ch such persons may respect-
ively reside or be found, may be employed and kept to work with less
inconvenience to the town or district from whence b}' law they may be
sent, and with more advantage to them who by law are to take the
effects and receive the benefit of their labours, by their being employed
and kept to work by a master who should have power to direct, govern
and emploj" them in and about such labour and business as they can
best perform.

Be it enacted,

[Sect. 3.] That for the future it shall and may be lawful for the
overseers of the poor of every town and district within this province,
where any are speciall}" chosen to that ofHce, and for the selectmen of
every town and district, where there are no persons specially chosen to
the office of overseers of the poor, if they see meet (and such over-
seers and selectmen, respectively, are hereby authorized and impowered,
by indenture, or by any other form of covenant, agreem[eH]t or contract,
valid and effectual in law), to put, place and bind out to service to such
person or persons as the}' shall judge suitable, for a term not exceeding
one year, at the longest, under one and the same contract, any adult
person, whether male or female, residing and found in their respective
towns or districts, whom they shall judge liable, b}' virtue of any law or
laws of this governm[e?i]t, to be sent and committed to the house of cor-

. [8th Sess.] Province Laws.— 1755-56. 927

rection or workhouse, from any county, town or district in this province ;
and the act[s] and doings of such overseers and selectmen, respectively,
whereby any such person shall and may be put and bound out to ser-
vice, pursuant to this act, shall be as valid and effectual, in law, to bind
and hold the person so put to service, as if au}' such person, b}* his [or]
her own act and consent, being of the age of twenty-one j-ears, had
bound and put out him- or herself a servant for the like term, by in-
denture, or by any other legal form or manner of covenant or contract.

Provided, ahcays, —

[Sect. 4.] That it shall be in the power of the court of general Proviso for
session [s] of the peace for the county wherein an}" such person shall be court of"gonerai
put out to service as aforesaid by virtue of this act, upon application pe®^'°"® °^ *^®
made to said court by any such person so put out to service, or any on
his or her behalf, if they judge proper, to discharge and make void any
act or doing of said overseers or selectmen, whereby an}' person shall
be put to service as afores[ai]d, and by their order wholly to annul the
same, and set such person so bound out, at liberty and free from his or
her master, and also to allow costs to the person who shall he set at
liberty by said court, against the town or district by whose overseers or
selectmen such person so set at liberty shall have been bound out, and
to award execution accordingly'.

[Sect. 5.] And in all cases wherein the said court of general ses- Upon their
sions of the peace shall, by their order, discharge and set at liberty any may be'^dls'-'^^'^'*
person or persons bound to service by any overseers or selectmen solved.
as aforesaid, all indentures, covenants, contracts and agreem[<'n]ts,
whereby and under which such person shall have been bound or put
out as aforesaid, shall, from and after the time of such orders passing
in sessions, be taken, held and adjudged absolutely void and of no
effect, so far as such indentures, covenants, contracts or agreem[e)i]ts
shall respect any time to come, after the time of such order's passing.

And be it further enacted, t

[Sect. 6.] That the proceeds of the labour and service of every Use of the earn-
person who by virtue of this act shall be bound out to service, over and sols bound ^o^ut.
above the necessary costs in and about the same, shall be taken b}' the
overseers or selectmen, respectively, who shall bind out such person, to
be improved and laid out for the support of the family or other poor
and indigent kindred of the person bound out, with the maintenance of
whom the person bound out shall by law be charg[e]able, if an}' such
family or kindred such person shall have ; but if the person bound out
shall have no family or kindred with whose support he or she shall by
law be chargeable, the proceeds of the labour of every such person, not
having such family or kindred asafores[at]d, shall be retained and kept
by said overseers or selectmen, respectively, to be paid by them to such
person bound out as aforesaid, or improved and laid out for his or her
use, support and benefit by said overseers or selectmen, in such manner
as to them shall appear most for the benefit and advantage of the person
bound out as afores[aJ]d ; the said overseers or selectmen, respectively,
to determine always whether to pay said proceeds in money directly to
said person bound out as afores[a/]d, or themselves to dispose and lay out
the same in some other manner to such person's use ; and said overseers
and selectmen are hereby required and obliged, annually, at the town
or district meeting in March for the choice of town officers, to exhibit
to their respective towns or districts a full and true account of their
disposition of the earnings and proceeds of the labour of all persons
w[/<«]ch shall have been bound out by them, not having such family or
kindred as afores[ai]d, during the whole last preceeding year, for such
town's or district's examination and allowance.

928 Provixce Laws.— 1755-56. [Chap. 44.]

[Sect. 7.] And for the proceeds of the labour and service of such
person, having a family or kindred with whom he or she shall be charge-
able as afores[at]d, such overseers or selectmen shall be accountable to
the town or district to w[/«']ch such family or kindred such person shall
be chargeable with shall belong and are inhabitants ; and said overseers
and selectmen, respectively, shall pay all the earnings and proceeds of
the labour of the person bound out as aforesaid, who shall have such
family and kindred as afores[cu]d, to the town or district to which such
famil}' or kindred shall belong, or their order ; alwa3-s excepting a [a]
reasonable allowance out of said proceeds to said overseers or selectmen
for their care, trouble and cost in binding out such person and taking
and recovering the proceeds afores[ai]d : which allowance s[at]d over-
seers and selectmen are hereby impowered to retain in their hands, and
in their account said overseers and selectmen shall be allowed all such
reasonable charge and cost incnrr[e]'d, and also a reasonable reward for
their own care and trouble in and about the binding out of any such
person, and taking and recovering the proceeds of his or her labour of
the master to whom he or she shall be respectively bound and put out.

[Sect. 8.] This act to be in force for the space of three years from
the thirtieth of April current, and no longer. \^Passed April 20 ; pub-
lished April 21, 1756.

CHAPTER 44.

AN ACT FOR ENQUIRING INTO THE RATEABLE ESTATES OF THE

PROVINCE.

Preamble. Whereas the rateable estates of the several towns and districts in

this province may be very much altered since the last valuation taken
by this court, —

Be it enacted by the Governour, Council and House of Representatives^
A new valuation [Sect. 1.] That the asscssors of each town and district within this
the^ratabie °^ province, who shall have been chosen for the year one thousand seven
estates of the hundred and fifty-six, shall, on oath, take and lodge in the secretary's
province. office, by the last "Wednesday in September, one thousand seven hun-

dred and fifty-six, a true and perfect list, according to their best skill
and understanding (and conformable to a list settled and agreed on by
the general court and to be recorded in the secretary's office, a printed
copy of which shall be, by the treasurer of the province, sent to the
clerk of each town and district) , therein setting forth an account of all
male polls, of sixteen years old and upwards, whether at home or abroad,
distinguishing such as are exempt from rates, through age or otherwise,
and of all rateable estates both real and personal within their respective
Directions for towus and districts ; and all farms, parcel [l]s of land lying adjacent
taking the same. ^^ ^^^ rated in such towu OX district, and b}' whom occupied; and
what each person's real estate within the town or district, or adjoining
as aforesaid, may rent for by the year ; and of all Indian, negro and
molatto servants, whether for life or for a term of years ; and what num-
ber of vessels, and of what burthen, have sailed from their respective
ports to any other port, in the year one thousand seven hundred and
fifty-five. And the said assessors, in taking such valuation, shall distin-
guish the different improvements of the real estates into the following
parts ; vizW., houses, pasture and tillage lands ; salt, fresh and English
mowing land ; with the number of acres of orchard, and what stock the
pasture ordinarily is capable of feeding ; and what quantity of produce

[8th Sess.] Peovince Laws.— 1755-56. 929

. the said tillage, mowing and o[a]rchard land j^earl}^ affords, one year
with another: excepting the governour, lieutenant-governo[rt]r, presi-
dent, fellows and tutors of Harvard College, settled ministers and
grammar-school masters, with their families, who, for their polls, and
estates in their own actual improvem[(?«]t, shall be exempted out of
this act ; and the said assessors, before they enter on this work, shall
take the following oath ; viz'^'^., —

You, A. and B., being chosen assessors for the town of B., for the year one Form of the
thousand seven hundred and fifty-six, do severally swear that you will faith- assessors' oath.
fully and impartially, according to your best skill and judgment, do and per-
form the whole duty of an assessor, as directed and enjoined by an act of
this province made the present year, [e] [ijntitled "An Act for [i] [ejnquir-
ing into the rateable estate [s] of the province," without favour or prejudice.
So help you God.

— which oath, in such town or district where no justice dwells, may be .
administred by the town- or district-clerk ; and every assessor who shall
have been chosen by any town or district in the year one thousand
seven hundred and fifty-six, accepting such choice, that shall refuse to
take the said oath, or, taking the same, shall neglect or refuse to do the
duty required by this act, or shall anyways prevaricate therein, shall,
for each of these offences, forfeit and pay a fine of five pounds.

[Sect. 2.] And every person refusing or neglecting to give such Fine for persona
assessor or assessors a true account of his rateable estate, improvem [c»]ts the"assfssor? aii
or rents, agre[e]able to the true intent of this act, when thereunto ^°t°vi"' "[ '?°''
required by the assessors, shall, for each offence, forfeit and pay the sum
of twenty pounds. And in case any account given by any person in pur-
suance of this act, shall be, by the assessor or assessors taking the same,
suspected of falshood, it shall be in the power of either of such assessors
to administer an oath to the truth of such account, and if such suspected
person shall refuse to swear to the truth of such acco[i«>i]t, accord-
ing to his best judgment, when thereunto required by any one of the
assessors, such refusal shall be deemed a refusal to give an acco[M».]t of
his rateable estate ; the person so refusing shall be subject to the fine in
that case by this act provided, without further or other evidence for his
conviction on trial, and every assessor shall be allowed out of the treas- Assessor's pay.
ury of his respective town or district, the sum of three shillings, for
every day he shall be necessarily employed in doing the duty enjoined
by this act.

And be it f wilier enacted,

[Sect. 3.] That the assessors of each town and district in this prov- Copies of the
ince, who were chosen for the year one thousand seven hundred and lo^bJi'odgedla
fifty-five, shall, by the last Wednesday in May, [1756] \one thousand ti^ secretary's
seven hundred and Jjfty-six'] on oath, transmit to the secretary's office, a
true and perfect cop^^ of the list and valuation of estates, by which they
made the taxes in their particular towns and districts for the year one
thousand seven hundred and fifty-five, on penalty that each assessor
neglecting his duty therein shall forfeit and pay the sum of five pounds.

[Sect. 4.] All fines and forfeitures arising by this act maj' be Recovery of
recovered by bill, plaint or information, or b}' action of debt, in any of *^°®^'
his maj[es]ty's courts within this province proper to try the same ; and
shall be applied, two thirds to him or them that shall inform or sue for
the same, and the other third to his majesty to and for the use ef this
government. \_Passed April 12 ; published April 21, 1756.
117

930

Province Laws. — 1755-56. [Chaps. 45, 46.]

CHAPTEK 45.

AN ACT FOR PREVENTING AND PUNISHING THE DESERTION OF SOL-
DIERS IN THE EXPEDITION AGAINST CROWN POINT, OR IN DEFENCE
OF THE FRONTIERS OF THIS GOVERNMENT.

Preamble.

Sheriffs, consta-
bles, &c., may
apprehend
deserters, &c.

Allowance for
apprehending
deserters.

Whereas soldiers duly inlisted, or to be inlisted or impressed, for the
present expedition against Crown Point, or for the defence of the fron-
tiers of this province, have deserted, and may hereafter desert, and be
found wandering, or otherwise absenting themselves illegally from his
majesty's service, —

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

[Sect. 1.] That it shall and may be lawful for the sheriff of any
county, or either of his deputies, or any constable or tythingman of the
town or place, or any other person, where any person, who may be
reasonably suspected to be such a deserter, shall be found, to apprehend
or cause him to be apprehended, and to cause such person to be brought
before any justice of the peace living in or near such town or place,
who hath hereby power to examine such suspected person ; and if, by his
confession, or the testimony of one or more witness or witnesses, upon
oath, or by the knowledge of such justice of the peace, or any other
proof, it shall appear or be found that such suspected person is a listed
or impressed soldier, as aforesaid, i\id'[}igh'] listed or impressed in any
other government, and that he ought to be with the troop or company to
which he belongs, such justice of the peace shall forthwith cause him to
be conveyed to the goal of the county or place where he shall be found,
and transmit an account thereof to the commander-in-chief or secretary
of this province ; and such deserter shall be returned to his service by
the first opportunity, and the keeper of such goal shall receive the full
subsistence of such deserter or deserters, during the time that he or they
shall continue in his custody, for the maintenance of the said deserter
or deserters, but shall not be intitled to any fee or reward on account
of the imprisonment of such deserter or deserters.

And for the better encouragement of any person or persons to secure
and apprehend such deserter or deserters, —

Be it farther enacted,

[Sect. 2.] That upon the certificate of such justice of the peace to
the province treasurer, there shall be paid by him to such persons as shall
apprehend, or cause to be apprehended, any deserter from his majesty's
said service, forty shillings and the costs of prosecution, to be deducted
out of his wages, for every deserter that shall be so apprehended and
committed. \_Passed April 20 ; published April 21, 1756.

CHAPTER 46.

AN ACT IMPOWERING THE PROVINCE TREASURER TO BORROW THE
SUM OF TEN THOUSAND POUNDS, AND FOR APPLYING THE SAME TO
DEFJl[A][£]Y THE CHARGES OF THE INTENDED EXPEDITION AGAINST
CROWN POINT.

Be it enacted by the Governour, Council and House of Representa-
tives,
Treasurer [Sect. 1.] That the treasurer of the province be and he hereby is

bonw £10,000. impowered and directed to borrow, of such persons as shall be willing

[8th Sess.] Province Laws.— 1755-56. 931

to lend the same, a sum not exceeding ten thousand pounds, in Spanish
mill'd dollars, at six shillings each, or in other coined silver of sterling
alloy, at six shillings and eightpence per ounce ; and the sum so borrowed
shall be applied by the treasurer for the payment of such dra[f][?^g^/i]ts
as shall be drawn on him by the governour or commander-in-chief for
the time being, by and with the advice of the council, for the service of
the intended expedition against Crown Point, and for every sum so
borrowed the treasurer shall give a rec[ie][et]pt and obligation in the
form following ; vizW., —

Province of the Massachusetts, the day of ,175 . Formoftreas-

Kec[ie] [eijved of the sum of , for the use and service of "''er's receipt.

the province of the Massachusetts Bay, and, in behalf of said province, I do
hereby promise and oblige myself and successors in the office of treasurer
to repay the said or order, on or before the tenth day of June,

1758, the aforesaid sum of , in coined silver of sterling alloy, at

six shillings and eightpence per ounce, or in Spanish milFd dollars of full
weight, at six shillings each, with interest annually, at the rate of six per
cent per annum.

Witness my hand, A. B., Treasurer.

— provided, that no rec[ie][ei]pt shall be given for a less sum than
six pounds.

And to enable the said treasurer to discharge the said obligations,
and the interest that shall be due thereon, —

Be it further enacted,

[Sect. 2. J That there be and hereby there is granted to his most Taxof£n,5oo,
excellent majestj^, a tax of eleven thousand five hundred pounds, to be '" ^^^^'
levied upon the polls and estates within this province, according to such
rules as shall be ordered by the general court of this province, at their
sessions in May, one thousand seven hundred and fifty-seven.

And be it further enacted,

[Sect. 3.] That in case the general court shall not, by the twentieth Tax for the
day of June, one thousand seven hundred and fifty-seven, agree and ^"uod^to^be^
conclude upon a tax act to draw into the treasury the aforesaid sum of made according
eleven thousand five hundred pounds, by the thirty-first day of March aa, in case.^^
then next following, that then the treasurer of the province for the time
being, shall issue his warrants, directed to the selectmen or assessors of
the several towns and districts within this province, requiring them,
respectively, to assess, levy and pay in to the treasury, by the said
thirtj'-first day of March, their respective proportions of said sum,
according to the rates and proportions, rules and directions of the tax
act then last preceeding.

Ayid whereas humble trust and dependance is had by the general Preamble,
assembly on a reimbursement of the charges arising from the expedi-
tions against Crown Point, and monies for that purpose are expected
from Great Britain ; wherefore, as a further fund to enable the treasurer
to discharge the rec[ie][ei]pts and obligations aforesaid, by him given
in pursuance of this act, —

Be it further enacted,

[Sect. 4.] That the monies that shall be rec[ie][ei]ved from Great ^'■^f^"^fj^*°^
Britain, over and above what have been appropriated for the repayment That may bo °^^
of certain sums which the treasurer by divers acts has been directed to rfceiye^ from
borrow, shall be applied by the said treasurer, or so much thereof as for the payment
shall be needful [1], for the discharging said obligations (with the interest borro^^d?*'^
that may be due thereon), in pursuance of this act.

Provided always, anything in this act to the contrary notwithstanding, —

[Sect. 5.] That in case the monies aforesaid shall arrive from Great Tax not to go
Britain, and be rec[ie][et]ved into the province treasury on or before fortii, m case.
the twentieth day of June, one thousand seven hundred and fifty-seven

932 Province Laws.— 1755-5 G. [Chap. 47.]

(over and above what shall be sufficient to repay the sums borrowed by
virtue of the acts aforesaid), and' shall be sufficient for discharging the
obligations given by the treasurer in pursuance of this act, then, and ia
such case, the tax, which otherwise by this act is ordered to go forth,
shall be, and hereby is declared to be, null and void.
Provided^ also, —
Proviso, in case [Sect. 6.] That the remainder of the sum that may be brought in
of a surplusage, j^^^ ^j^g ^^^ ordered by this act to be assessed and levied, over and above
what shall be sufficient to discharge the obligations aforesaid (with the
interest that may be due thereon), shall be and remain as a stock in the
treasury, and be appl[y][i]ed as the general court of this province
shall hereafter order. [Passed April 20 ; published April 21, 1756.

CHAPTEK 47.

AN ACT FOR GRANTING UNTO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING.

"Whereas, by an act made by this court at their session of May last,
the province treasurer was impowered to borrow a sum not exceeding
fifty thousand pounds, in mill'd dollars, at six shillings each, or in other
silver at six shillings and eightpence per ounce, for a term not exceed-
ing three years, for the discharge of the debts of this province, and by
said act the treasurer was ordered to give his reciepts or obligations to
the lenders to repay the money so borrowed ; and as a further fund to
enable the treasurer to discharge said reciepts or obligations, it is in
said act enacted, " That the duties of impost, for the year one thousand
seven hundred and fifty-six, shall be applied for that purpose, and for
no other purpose whatsoever," —

We, his majesty's most dutifull and loj'al subjects, the representatives
of the province of the Massachusetts Bay, in New England, being desir-
ous of enabling the treasurer to discharge the reciepts and obligations
aforesaid, have chearfully and unanimously given and granted ajad
do hereby give and grant, to his most excellent majesty, to the end and
use aforesaid, and to no other use, the several duties of impost upon
all liquors, goods, wares and merchandise that shall be imported into
this province, and tunnage of shipping, hereafter mentioned ; and pray
that it be enacted, —

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

[Sect. 1.] That from and after the twenty-sixth day of April, one
thousand seven hundred and fifty-six, to the twenty-sixth day of March,
one thousand seven hundred and fifty-seven, there shall be paid by the
importers of all wines, rum and other liquors, goods, wares and merchan-
dizes that shall be imported into this province b}^ any of the inhabitants
thereof (except what is by this act hereafter exempted), the several
rates and duties of impost following ; viz'., —

For every pipe of wine of every sort, ten shillings.

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

For every hogshead of sugar, fourpence.

For every hogshead of molasses, fourpence.

For every hogshead of tobacco, ten shillings.
— And so, proportionabl}', for greater or less quantities.

And for all other commodities, goods or merchandizes not men-
tioned or not excepted, fourpence for every twenty shillings value,

[8th Sess.] Province Laws.— 1755-56. 933

excepting such goods as are the product or manufacture of Great
Britain.

[Sect. 2.] And for any of the above-mentioned liquors, goods, wares
and merchandizes that shall be imported into this province by any of
the inhabitants of the other provinces or colonies on this continent,
or of the English West-India Islands, in any ship or vessell to them
belonging, on the proper account of any of the said inhabitants of
the said provinces, colonies or islands, there shall be paid by the im-
porters double the impost laid by this act : provided always, that every-
thing which is the growth or produce of the provinces or colonies
aforesaid (tobacco and bar-iron excepted), and all provisions, salt,
cotton-wool, pig-iron, mehogany, black-walnut, lignum-vitse, red cedar,
logwood, braziieto wood, hemp, raw skins and hides; and also all prize
goods bfbught into and condemned in this province, are and shall be
exempted from every the rates and duties aforesaid.

And be it further enacted,

[Sect. 3.] That all goods, wares and merchandize, the property of
any of the inhabitants of any of the neighbouring provinces or colonies
on this continent, that shall be imported into this province, and shall
have paid, or secured to be paid, the duty of impost by this act pro-
vided to be paid, and afterwards shall be exported and landed in any
of the said provinces or colonies on this continent, then, and in such
case, the exporter, producing a certificate from some officer of his maj-
esty's customs that the same have been landed in some of the provinces
or colonies aforesaid, shall be allowed a drawback of the whole duty of
impost by him paid, or secured to be paid, as by this act provided.

And be it farther enacted,

[Sect. 4.] That the master of every ship or vessel coming into
this province from any other place, shall, within twenty-four hours after
his arrival in any port or harbour, and before bulk is broken, make
report and deliver a manifest, in writing, under his hand, to the commis-
sioner aforesaid, of the contents of the loading of such ship or vessel,
therein particularly expressing the species, kind and quantities of all
wines, liquors, goods, wares and merchandize imported in such ship
or vessell, with the marks and numbers thereof, and to whom the same
are consigned ; and make oath before the commissioner that the same
manifest contains a just and true account of all the lading taken
on board and imported in such ship or vessell, so far as he knows or
believes ; and that if he knows of any more wines, liquors, goods, wares
or merchandize laden on board such ship or vessel, and imported there-
in, he will forthwith make report thereof to the commissioner aforesaid,
and cause the same to be added to his manifest.

And be it further enacted,

[Sect. 5.] That if the master of any ship or vessel shall break
bulk, or suffer any of the wines, liquors, goods or wares and merchan-
dize imported in such ship or vessell to be unloaden before report and
entry thereof be made as aforesaid, he shall forfeit the sum of one
hundred pounds.

And be it farther enacted,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
pi'ovince, for which any of the rates or duties aforesaid are payable, or
having the same consigned to them, shall make an entry thereof with
the commissioner aforesaid, and produce an invoice of all such goods as
pay ad valorem, and make oath before him in form following ; viz'., —

You, A. B., do swear that the entry of the goods and merchandize by you
now made, exhibits the sterling value of said goods, and that, bond fide.

934 Province Laws.— 1755-56. [Chap. 47.]

according to your best skill and judgment, it is not less than that value. So
heljD you God.

— which oath the commissioner or reciever appointed in consequence of
this act is hereby impowered and directed to administer ; and the own-
ers aforesaid shall pay to said commissioner, or give security to pay,
the duty of impost by this act required, before such wines, liquors,
goods, wares or merchandize be landed or taken out of the vessel in
which the same shall be imported.

[Sect. 7.] And no wines, liquors, goods, wares or merchandize
that by this act are liable to pay impost or duty, shall be landed on
any wharfe, or in any warehouse or other place, but in the daytime
only, and that after sunrise and before sunset, unless in the presence or
with the consent of the commissioner or reciever, on pain of forfeiting
all such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessell out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] And if any person or persons shall not have and produce
an invoice of the quantities of rum or liquors to him or them consigned,
then the cask wherein the same are, shall be gauged at the charge of the
importer, that the contents thereof may be known.

Provided, nevertheless, —

[Sect. 9.] That the said commissioner shall be and he hereby is
allowed to give credit to such person or persons whose duty of impost
in one vessel shall exceed six pounds : which credit. shall be so limitted
as that he shall settle and ballance his accounts with every person, on or
before the twenty-sixth day of March, one thousand seven hundred and
fifty-seven, that the said accounts may be produced to this court as
soon as may be after ; and for all entries where the impost to be paid
doth not exceed three shillings, the said commissioner shall not demand
anything, and not more than sixpence for any other single entry to
what value soever.

And be it farther enacted,

[Sect. 10.] That the importer of all wines, liquors, goods, wares
and merchandize, from and after the twenty-sixth day of April instant,
and until the twent3'-sixth of March next, by land-carriage, or in small
vessells or boats, shall make report and deliver a manifest thereof to
the commissioner aforesaid or his deputy, therein particularly express-
ing the species, kind and quantity of all such wines, liquors, goods,
wares and merchandize so imported, with the marks and numbers
thereof, when, how and by whom brought ; and shall make oath, before
the said commissioner or his deputy, to the truth of such report and
manifest, and shall also pay, or secure to be paid, the several
duties aforesaid by this act charg'd and chargeable upon such wines,
liquors, goods, wares and merchandizes, before the same are landed,
housed or put into any store or place whatsoever.

And he it farther enacted,

[Sect. 11.] That every merchant or other person importing any
wines in 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, but or pipe of wine that hath two-thirds 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 vessell 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 reciever of impost for such port, on pain of forfeiting
the sum of one hundred pounds.

[Sect. 12.] And if it may be made to appear that any wines im-
ported in any ship or vessell be decayed at the time of unloading

[8th Sess.] Province Laws.— 1755-56. • 935

thereof, or in twenty days afterwards, oath being made before the com-
missioner or reciever 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. 13.] That the master of every ship or vessel importing any
liquors, wines, goods, wares or merchandize, shall be liable to and pay
the impost for such and so much thereof, contained in his manifest, as
shall not be duly entered, and the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
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 and
merchandize imported in any ship or vessel, until he recieves a cer-
tificate, from the commissioner or reciever of the impost, that the
duty for the same is paid, and until he be repaid his necessary charges
in securing the same ; or such master may deliver such wines, liquors,
goods, wares and merchandize as are notentred, unto the commissioner
or reciever of the impost in such port, or his order, who is hereby im-
powered and directed to recieve and keep the same, at the owner's risque,
until the impost thereof, with the charges, be paid or secured to be
paid ; and then to deliver such wines, liquors, goods, wares or merchan-
dizes as such master shall direct.

And be it further enacted,

[Sect. 14.] That the commissioner or reciever of the impost in each
port, shall be and hereby is empowered to sue the master of any ship or
vessel, for the impost or duty of 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 entered and the duty of impost therefor not paid or secured to be
paid. And where any goods, wares or merchandize are such 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 ihe value of such goods, wares or merchan-
dize.

And be it further enacted,

[Sect. 15.] That the ship or vessel, with her tackle, apparrell and
furniture, the master of which shall make 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 all wines, liquors, goods, wares and merchandize not entered as
aforesaid, or for which the duty of impost has not been paid ; and,
upon judgment recovered against such master, the said ship or vessel,
with so much of the tackle or appurtenances thereof as shall be suffi-
cient to satisfy said judgment, may be taken by execution for the same ;
and the commissioner or reciever of the impost is hereby impowered to
make seizure of the said ship or vessell, 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 for the duty aforesaid ; to the intent,
that if judgment be rendered for the prosecutors or informer, 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 of such ship or vessel from under seizure or
restraint, shall give sufficient security unto the commissioner or re-

936 • Province Laws.— 1755-56. [Chap. 47.]

clever of impost that seized the same, to respond and satisfy the sum
or value of the forfeitures and duties, with charges, that shall be
recovered against the master thereof, upon such suit to be brought for
the same, as aforesaid ; and the master occasioning such loss or damage
unto his owners, through his default or neglect, shall be liable unto
their action for the same.

And be it further enacted,

[Sect. 16.] 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
vessel, outward bound, until he shall be certified, by the commissioner
or reciever of the impost, that the duty and impost for the goods last
imported in such ship or vessel are paid or secured to be paid.

[Sect. 17.] And the commissioner or reciever 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 dis-
cretion of the commissioner or reciever, not exceeding thi^ee 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 for the more effectual preventing any wines, rum or other dis-
tilled spirits being brought into the province from the neighbouring
governments, by land, or in small boats or vessells, or any other way,
and also to prevent wines, rum or other distilled spirits being first
sent out of this province, and afterwards brought into the government
again, to defraud the government of the duties of impost, —

Be it enacted,

[Sect. 18.] That the commissioner and reciever of the • aforesaid
duties of impost shall, and he is hereby impowered and enjoyned to, ap-
point one suitable person or persons as his deputy or deputys, in all
such places of this province where it is likely that wine, rum or other
distilled spirits will be brought out of other g»verntnents into this ;
which officers shall have power to seize the same, unless the owner shall
make it appear that the duty of impost has been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distilled spirits brought or relanded in this govern-
ment, where the duty is not paid as aforesaid, and to seize and secure
the same for the ends and uses as in this act is hereafter provided.

And be it further enacted,

[Sect. 19.] That the commissioner or his deputys shall have full
power to administer the several oaths aforesaid, and search in all
suspected places for all such wines, rum, liquor, goods, wares and
merchandize as are brought into this province, and landed contrary to
the true intent and meaning of this act, and to seize the same for the
use hereinafter mentioned.

And be it further enacted,

[Sect. 20.] That if the said commissioner, or his deputy, shall have
information of any wines, rum or other distilled spirits being brought
into and landed in any place in this province, for which the duties afore-
said shall not have been paid after their being brought into or relanded
in this government, he ma}^ appl}^ to any justice of the peace within the
count}', for a warrant to search such place ; and said justice shall grant
such warrant, directed to some proper officer, upon said commissioner or
his deputy's making oath that he hath had information as aforesaid ;
and having such warrant, and being attended by such officer, the said
commissioner or his deputy may, in the daytime, between sun-rising and
siin-setting, demand admittance, of the person owning or occupying such
place, and, upon refusal, shall have right to break open such place ;

[8th Sess.] Peovince Laws.— 1755-56. 937

and, finding such liquors, may seize and take the same into his own
custody ; and the commissioner aforesaid, or his deput}-, shall be and
hereby is impowered to command assistance, and to impress carriages
necessary to secure the liquors seized as aforesaid ; and any persons
refusing assistance, or preventing any of the said officers from executing
their office, shall forfeit five pounds to the said commissioner ; and he
or his deputy shall make reasonable satisfaction for the assistance
afl!brded, and carriages made use of, to secure the liquors seized as afore-
said ; and the commissioner or his deputy shall then file an information
of such seizure in the inferiour court of common pleas for the county
wherein such seizure shall be made, which court shall summon the owner
of such liquors, or the occupier of the shoj), house or warehouse, or dis-
till-house, where the same were seized, to appear and shew cause, if any
he has, why said liquors so seized shall not be adjudged forfeited ; and
if such owner or occupier shall not shew cause as aforesaid, or shall
make default, the said liquors shall be adjudged forfeited, and the said
court shall order them to be sold at publick vendue ; and the neet produce
of such sale shall be paid, one half to the province treasurer for the use
of this province, and the other half to the said commissioner.

And be it further enacted,

[Sect. 21.] That there shall be paid, b}' the master of every ship or
other vessel, coming into an}^ port or ports of this province, to trade
or traffick, whereof all the owners are not belonging to this province
(except such vessels, as belong to Great Britain, the provinces or
colonies of Pensilvania, West and East Jersc}^, Connecticutt, New
York, New Hampshire and Rhode Island), every voyage such ship or
vessel doth make, one pound of good pistol-powder for every ton such
ship or vessel is in burthen : sa-utvig' for that part which is owned in
Great Britain, this province, or any of the aforesaid governments,
which is hereby exempted ; to be paid unto the commissioner or re-
ciever of the duties of impost, and to be employed for the ends and
uses aforesaid.

[Sect. 22.] And the said commissioner is hereby empowered to ap-
point a meet and suitable person, to repair unto and on board any ship
or vessel, to take the exact measure and tunnage thereof, in case he
shall suspect the register of such ship or vessel doth not express and
set forth the full burthen of the same ; the charge thei-eof to be paid by
the master or owner of such ship or vessel, before she shall be cleared,
in case she shall appear to be of a greater burthen : otherwise, to be paid
by the commissioner out of the money recieved 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 certified,
also, by the commissioner, that the duty of tunnage for the same is paid,
or that it is such a vessel for which none is paj'able according to this act.

And be it farther enacted,

[Sect. 23.] That when and so often as any wine or rum imported
into this province, the aforesaid duty of impost upon which shall
have been paid agreeable to this act, shall be reshipped and exported
from this government to any other part of the world, that then, and in
every such case, the exporter of such wine or rum shall make oath, at
the time of shipping, before the reciever of impost, or his deputj'', that
the whole of the wine or rum so shipped has, bond fide, had the afore-
said duty of impost paid on the same, and shall afterwards produce
a certificate, from some officer of the customs, that the same has been
landed out of this government, — or otherwise, in case such rum or wines
shall be exported to any place where there is no officer of the customs,
or to any foreign port, the master of the vessel in which the same shall
118

938 Province Laws.— 1755-56. [Chap. 47.]

be exported shall make oath that the same has been landed out of the
government, and the exporter shall, upon producing such certificate, or
upon such oath of the master, make oath that he verily believes no part
of said wines or rum has been relanded in this province, — such exporter
shall be allowed a drawback from the reciever of impost as follows ;
viz'., —

For every pipe of wine, eight shillings.

And for ever^^ hogshead of rum, six shillings.

Provided, always, —

That if, after the shipping of such wine or rum to be exported as
aforesaid, and giving security as aforesaid, in order to obtain the draw-
back aforesaid, the wine or rum so shipped to be exported, or any part
thereof, shall be relanded in this province, or brought into the same
from any other province or colony, that then all such rum and wine so
relanded and brought again into this province, shall be forfeited and
may be seized by the commissioner aforesaid, or his deputy.

And be it further enacted,

[Sect. 24.] That there be one fit person, and no more, nominated
• and appointed by this court as a commissioner and reciever of the afore-
said duties of impost and tunnage of shipping, and for the inspection,
care and management of the said office, and whatsoever relates thereto,
to recicve commission for the same from the governour or commander-
in-chief for the time being, with authority to substitute and appoint a
deputy reciever in each port, or other places besides that in which he
resides, and to grant warrants to such deputy-recievers for the said
place, and to collect and recieve the impost and tunnage of shipping as
aforesaid that shall become due within such port, and to render the
account thereof, and to pay in the same, to the said commissioner and
reciever : which said commissioner and reciever 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 or reciever-
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 reciever-general shall demand it. And the said commis-
sioner or reciever and his deputy or deputys, before their entring upon
the execution of their said office, shall be sworn to deal truly and faith-
fully therein, and shall attend in the said office from ten of the clock in
the forenoon, until one in the afternoon.

[Sect. 25.] And the said commissioner or reciever, for his labour,
care and expences in the said office, shall have and recieve, out of the
province treasury, at the rate of sixty pounds per annum ; and his
deputy or deputies shall recieve for their service such sums as the said
commissioner of iinpost, together with the province treasurer, shall
judge necessary for whatever sums they shall recieve and pay ; and the
treasurer is hereby ordered, in passing and recieving the said commis-
sioners accounts, accordingly, to allow the payment of such salary or
salaries, as aforesaid, to himself and his deputies.
And be it farther enacted,

[Sect. 26.] That all penalties, fines and forfeitures accruing and
arisincr in consequence of any breach of this act, shall be one half to his
majesty for the use of this province, 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.

[Notes.] Province Laws.— 1755-56. 939

And be it further enacted,

[Sect. 27.] That from and after the commencement of this act, in
all causes where any claimer shall appear, and shall not make good the
claim, the charges of prosecution shall be born and paid by the said
claimer, and not by the informer. \_Passed April 20 ; published April 21,
1756.

Notes. — There were eight sessions of the General Court this year. The third session
was convened, upon an extraordinary emergency, on the fifth of September, while the
Assembly stood prorogued to September twenty-fourth. To remove any possible doubt
as to the legality of the acts of the Assembly during this session, chapter 17 was enacted.
See further on this subject, the note to chapter 17, post.

All the acts of this year were printed (chapters 15 and 47 separately) except the priyate
acts, the titles of which are as follows : —

" An Act to dissolve the Marriage of Mary Parker with Phineas Parker, and to allow
her to marry again." [Passed and published June 10, 1755.

" An Act to dissolve the Marriage of John Farnum jun'' with Elisabeth Farnum, and to
allow him to marry again." [Passed April 20, 1756.

The engrossments of all these acts are preserved, except the private act last named,
which has not been discovered.

The acts of the first and second sessions, including the private act first above named
were certified for transmission, Nov. 25, 1755, and were delivered by the agent of the
province, to the clerk of the Privy Council, in waiting, Feb. 24, 1756. On the second of
March, they were read, in council, and referred to a committee. On the sixth of March
they were referred, by this committee, to the Lords of Trade, and the latter, on the ninth
of March, ordered them to be sent to Mr. Lamb for his opinion thereon in point of law.

The acts of the subseqnent sessions were certified for transmission, in June, 1756, and
were delivered to the clerk of the Privy Council, in waiting, August 12, 1756. On the thir-
teenth, they were referred to a committee, and on the eighteenth they were, in turn,
referred by this committee, to the Lords of Trade, who, on the seventh of Octolx-r, read
this order of the committee and were thereupon informed by the secretary of the Board
that the acts had been sent "in the usual manner, to Sir Matthew Lamb for his Opinion
thereupon in point of Law."

Sir Matthew Lamb's report is dated Oct. 10, 1757, and contains no objection to either of
the acts of this year, except to chapter 38, and the private act last above named. *

All the acts of this year, with others, came up for consideration by the Board of Trade,
in their meetings of May 12 and 30, 1758. At the former of these meetings, at which the
late governor, Shirley, was present by invitation, the draught of a representation was
ordered, and, at the latter, the draught was agreed to and ordered to be transcribed.

This representation sets forth that chapters 1,2, 3, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 18,
19, 20, 22, 25, 28, 29, 30, 31, 33, 34, .36, 37, 40, 44, 45, and 47 " appear to have Iwcn passed for
Temporary services, and are either expired by their own limitation or the purposes for
which they were enacted have been completed " ; that chapters 27, 42 and 46, " relative to
the raising or borrowing monies for defraying the expences of Military and other public
services have in great measure taken effect, but the execution of several provisions therein
contained in which the public faith of the Province is greatly interested remains still to be
completed, for this reason and as Sir JNIatthew Lamb, one of His Majesty's Counsel at
Law, whose opinion has been taken on these Acts has no objection to any of them in point
of law, We would huml)ly propose that they may receive liis IMajesty's Royal Confirma-
tion"; and that chapters 9, 10, .17, 21, 23, 24, 26, 32, 35, 38, 39, and 43 " relate to the
internal (Economy of the Province and appear to have been enacted for it's private con-
venience, and We see no reason why His Majesty may not be graciously pleased to confirm
them."

Accordingly, an order was passed, in Council, June 16, 1758, confirming chapters 9, 10,
17, 21, 23, 24, 26, 27, 32, 35, 38, 39, 42, 43 and 46.

It will be noticed that in neither the representation of the Board of Trade, nor the Order
in Council, is mention made of chapter 41. Still another bill passed its several stages in
both branches of the legislature, was signed by the Governor April 21, and, if the memo-
randum on the engrossment is correct, was actually published, April 22, 1756, but has not
been found among the printed acts, nor was it included in the list transmitted to the Home
Government. For this bill and other matters relating thereto, see note to chapter 40,
post.

Chap. 1. " June 21, 1755. This Day the two Houses proceeded to the Election of a
Commissioner or Receiver of the Duties of Impost & Tunnage of Shipping for the ensuing
Year,

And Daniel Russel Esq'' was elected to the said Office by the unanimous Vote of the

Council, & House of Representatives ; To which the Governour signed his Consent."

— Council Records, vol. XX., p. 501.

Chap. 3. "June 3'i 1755. A Petition of Ephraim Keith, Agent for the Precinct of Tetti-
cnt in the Town of IMiddleboro, setting forth the Necessity of erecting a Bridge over the
River there, and the Difficulty of getting the Charge thereof defrayed, & praying that the
same may l)e done by a Lottery, to be allowed by the Authority of this Court. In the
House of Representatives ; Whereas it appears to this House to this House that a Bridge
over the River in Tetticnt is necessary not only for the great Advantage of the Towns of
Bridgwater & Middleborcj, but also for several other Towns in the Counties of Bristol &
Plymouth, as also for the great Advantage of the Southern Inhabitants travelling West-

940 Pkovince Laws. — 1755-56. [Notes.]

ward ; Therefore, Ordered that the Prayer of the Petition be so f;xr granted as that the

Petitioner have Liberty to In-ing in a Bill for the Purposes in the Petition mentioned;

In Council, Read & Coneur'd." — Council Records, vol. XX., p. 460.
^ "April 14, 1756. A Petition of Ephraim Keith for himself, and the other Managers of
the Lottery for raising a Snni for Building a Bridge at Tetticut, shewing that they have
proceeded therein in preparing for drawing the said Lottery so far as to dispose of near
half the Tickets, but have been hindered by Sickness; and whereas tbe tiinc for Drawing
is at hand, Praying that this Court would consider & determine upon some proper way
for their Rcleif

In Council ; Read & Ordered that George Leonard Esq'' with such as the Hon'''<^ House
shall join be a'Coraniittee to consider of this Petition & report what they judge proper for
this Court to do thereon.

In the House of Representatives ; Read & Coneur'd; And M' Moorey * & Cap' Howard
are joined in the Atfair." — Ibid., vol. XXL, p. 162.

" April 15, 1756. Report upon the Petition of Ephraim Keith, Entered yesterday —
vizt

The Committee appointed to take under Consideration the Petition of Ephraim Keith in
behalf of the Managers of a Lottery for the Building a Bridge over Tetticut River, so
called having met the said Managers & Considered of the Difficulties they labour under
respecting the Disposal of the Tickets for said Lottery, report that the Scheme of said
Lottery be altered in the following Manner in Oi'der to tinish & Compleat the same — viz'
That there be

One Prize of £125— £125. Three ditto of £40. each £120

Three ditto of £25 each 75. Seven ditto of £20. each £140

Eleven ditto of £10 each 110. Twenty ditto of £5— each £100

Fifty ditto of £3. each 150. Six Hundred & Thirty of £1. each £630—

In air£1450 — And that the Number of Blanks be proportioned to the said Prizes as in the
Scheme, published by said Managers, and the Deduction of Ten per Cent only be made
from the above Prizes for the Charge of Building said Bridge : which is humbly Sub-
mitted By Order of the Committee George Leoxaud

In Council; Read & Accepted, and Ordered that the said Scheme be and hereby is

altered accordingly In the House of Representatives; Read & Coneur'd— Consented

to by the Governour." — Ibid., p. 163.

Chap. 4. The votes and orders of the Assembly, and the speeches, messages, and
proclamations of the Governor relative to the measures adopted to prevent the encroach-
ments of the French, are too numerous and intricate to be given in full as notes to the acts
• of the Assembly, which they serve to illustrate.

It may, however, be proper to note, with regard to the first expedition against Crown
Point, which drew so largely from the treasury of the province, and in which so many
soldiers of the province enlisted, that, as soon as the expedition against Nova Scotia was
well under way. Governor Shirley began to develop a plan of operations on the western
frontiers, substantially identical with the plan successfully conducted on a larger scale by
Major General Amherst in 1759.

In a speecli to both branches of the Assembly, Feb. 13, 1755, the Governor repre-
sented that the projected expedition against Nova Scotia, by diverting the French from the
exclusive pursuit of their operations'in the south and west, afforded a most fiivorable
opportunity for " building<i fort upon the rocky eminence near Crown Point which may
command the French fort there," and set forth the advantages of this position as the key
to the reduction of Canada, and the expulsion of the French from he Continent in case of
a rupture with France. He also declared that this expedition would require a considerable
force, but, on the other hand, would perhaps save a long and expensive war ; and that if he
had neglected seasonably to point out this opportunity and to warn the people of their
danger,"he would have been guilty of a breach of vigilence which it was his duty to keep.

This speech was referred, the next day, to a committee of sixteen members of the house
and twelve of the council, with instructions to sit forthwith. On the fifteenth, and while
this committee were sitting, a message was received from the Governor containing intelli-
gence which arrived the night bcfore.Vrom Brigadier D wight, that the French were attempt-
ing to build a fort at the carrying-place beyond Crown Point, and declaring that it would
be too late, if the French were allowed to complete this fort, to attempt the measures pro-
posed in his speech of the 13th, and concluding, "I hope, Gentlemen, you will not lose an
Hour's Time in considering and coming to a Determination upon what I have recommended
to you."

the committee reported the same day, that, while they were aware that the country of
which the Governor proposed to take possession lay beyond the Ijounds of the province
as lately defined, and that there were other governments which would be more l)enefited
by the expedition than would Massachusetts, still the measure seemed more. likely to
assist the movements at the south and east than the addition of an equal force to the expe-
ditions already contemplated against Nova Scotia, and the French on the Ohio. The com-
mittee, however, could not, in view of the burdens already resting on the province, recom-
mend any present appropriation, but expressed the hope that the inability of the province
to defray the charges of this expedition would not discourage the Governor from its
prosecution.

The Governor replied immediately in another message, ostensibly to remove the mipres-
sion that he had authority to organize and conduct this expedition at the expense of the
Crown, or even to give assurance that the Home Government would deem it reasonable to
assume such an expense.

He reminded them, however, that the expenses of the capture of Louisbourg had been
reimbursed without any previous arrangement or promise, and intimated that his own
personal influence would be exercised in their behalf, whenever the opportunity was pre-
sented.

• Morey.

[Notes.] Peovince Laws. — 1755-56. 941

On the 17th, this last message was referred to the same committee, whif^h on the 18th,
submitted a report, an extract from which is Iicreunder given, together with tlie draught of
a messase to the Governor, which is given in full : —

" February 18, 17oJ. The Committee's Report on the Governour's Speech of the 13"> &
Message of the 15"' Cur'

The Committee to whom was refer'd the Consideration of his Excellency's Messages of
the 13"' & L5"' Instant, having maturely deliberated thereon, report as their Opinion ;

That the attempting to erect a strong Fort upon the Eminence near to the French Fort at
Crown Point, or upon some other Parts of his Majesty's Lands, not far distant from the
said Fort, is a Measure highly necessary to be forthwith pursued, in order to secure his
Majesty's Territories from any further Encroachments of the French, and remove such
Encroachments as have been already made.

That iu Order to erecting such a Fortress, and to repel any Force that may be brought
to oppose the erecting of the same, and to revenge any Hostilities or Insults that may'be
offered, during the Execution of this Design, an Army of at least Five Thousand Men will
be necessary.

That His Excellency the Governour be desired, forthwith to make the necessary Prepara-
tion for such an Expedition, to appoint & commissionate a General Officer to command the
same; To advise his Majesty's other Governments hereafter mentioned of this Design,
and in such Manner as he shall think most effectual to urgG them to join therein, and to
raise their respective Proportion of Men as follows; viz' New Hampshire Six hundred
Men, Connecticnt One Thousand, Rhode Island Four hundred, New York Eight hun-
dred, or such larger Proportion as each Government shall think proper.

That Ilis Excellency be desired to endeavour, that his own Regiment or Sir William
Peppcrills, or both, be employed in this Service.

That as soon as it shall appear that the said Number of Five Thousand Men, Including
those from this Province, shall I)e agreed to be raised, His Excellency be desired to cause
to be enlisted Twelve hundred Men, » * * *

That His Excellency be desired likewise to make Application to the Government of
New Jersies to raise an additional Number of Men in Proportion to the Circumstances of
that Government to be employed in the Service afores<^ and also to the Government of
Pensilvania, urging them to contribute a Quantity of Provision to be transported to
Albany for the Service of the Army. By Order ^f** J. Osbokxe.

In the House of Representatives, Read & Accepted. In Council; Read & Concur'd."
— Council Records, vol. XX., p. 401.

" February 18, 1755. Committee's Report of a Message to the Governour on the Affair
of Crown Point,

May it please your Excellency, —

From a Sense of Duty & Loyalty to his Majesty, and of the indispensable Obligations
we are under, by all Ways and Means in our Power to promote his Majesty's Interest,
and to defeat the Designs of his Enemies, we have come into a Resolution to desire your
Excellency to engage in an Attempt to erect a Fortress near to the French Fort at Crown
Point, and to repel and revenge any Hostilities that may be offered to his Majesty's Forces
while they are employed in this Service; And we have done this in humble Trust & Con-
fidence, that his Majesty will be graciously pleased to relieve us from the Charge of this
Undertaking; your Excellency very justly observes that our Case is distinguished from
that of other Governments; For should we sit still, and those Governments take upon
themselves the whole Burthen of this Attempt; Yet, even their Charge would fall far
short of their Proportion to what we have already sustained since these last Commotions
raised by the French,

And although your Excellency has been pleased to tell us that you have no Authority
from his Majesty to defrey the Chai'ge of the proposed Expedition, yet we depend upon
your Excellency's humble Application to his Majesty in our behalf.

We assure your Excellency that, at all Events, we will not leave your Excellency to be
a Suffei'er by any Engagements made at our desire; But we are sensible that unless his
Majesty shall be graciously pleased to enable us to defray our part of the Charge of this
Expedition, we shall necessarily l)e involved in Difficulties so great, that we despair of
being extricated from them for a long Course of Years to come.

In the House of Representatives ; Read & Ordered that M'' Tyng, Col" Brattle, Col"
Choat, Col" Otis, and Col" Laurence with such as the hon'^'" Board shall join be a Com-
mittee to present this Address to His Excellency the Governour. In Council ; Read &
Concur'd, And John Osborne, Jacob Wendell, Samuel Watts & Sylvanus Bourn Esq"'-' are
joined in the Affair." — Ibid., j). 402.

On the 25th of March, the Governor, in a speech to the Assembly, reported the result of
applications made by his order to other governments to secure their co-operation, and also
other matters of importance relating to the expedition, and laid before them the letters and
other papers relating thereto. This speech was immediately referred to a committee, and
on the next day the committee made a partial report, asking leave to sit again. Among
other things, they reported that the Governor be requested forthwitli to issue his proclama-
tion encouraging the enlistment of forces for the expedition, and also that he be requested
to secure the co-operation of as many of the Indians of the Six Nations as practicable.

On the 27th, the following vote was passed : —

" March 26, 1755. In the House of Representatives ; Voted that M'' Speaker, M' Welles
Col" Brattle, M'' James Bowdoin, Capt Williams and M"' James Russell with such as the
Hon'''" Board shall join, be a Committee on the part of this Government to provide for
the intended Expedition to the Westward a sufficient Quantity of Provisions and Warlike
Stores, and other Things necessary ; and that the Committee in procuring the same give

the Preference to the Inhabitants and the Produce of this Province: In Council;

Read & Concur'd; And John Osborne Jacob Wendell, Samuel Watts, Ezekiel Chever,

John Wheelwright, and Thomas Hutchinson Esq" are joined in the Affair ; Consented

to by the Governour." — Council Records, vol. XX., p. 427. *

942 Peovince Laws.— 1755-56. [Notes.]

On the 28th, the Governor sent another message to both houses, calling attention to the
vote of the previous session authorizing him to issue his proclamation for raising the
Massachusetts quota, exclusive of the forces to be raised in New York, as soon as he
should be informed of the consent of the other New England Governments to the pro-
posed expedition, and declaring that advices from New York gave him no encouragement
to hope that any men would be raised there (although he had every reason to expect tliat
province would bear its part of the expense of the expedition) and giving notice that he
should give orders for raising enough more men than had been assigned to Massachusetts,
to equal her proportion of the deficiency caused l)y this failure of New York.

The next day the Assembly passed an order granting an additional bounty to soldiers
♦ enlisted, and fixing the limits of their service, and requesting the Governor to issue his

proclamation accordingly. At the same time an order was passed for advanced pay to
non-commissioned offlcers and privates, and also the following vote : —

" March 29, 1755. In the House of Representatives, Voted that His Excellency the
Captain General be desired to enlist three hundred able bodied, effective Men for the
Expedition to Crown Point, in addition to the twelve hundred already granted; & that

they have the same Bounty & Wages in all Respects, as those heretofore ordered : In

Council; Read & Concur'd; Consented to by the Governour." — Council Records, vol.

XX., p. 432.

These votes and orders were followed by the Governor's proclamation of March 29th,
which offered all the inducements to volunteers that had been promised in the votes and
orders of the General Court, and on the same day an act to empower the province treas-
urer to borrow £5,000 to defray the expenses of the expedition westward, was signed bj'
the Governor. (1754-55, chap. 32.)

At the same time an address to His Majesty for reimbursement was ordered to be pre-
pared, and this oi-der was consented to by the Governor.

General Braddock having arrived in Virginia, as commander-in-chief of the American
forces, Governor Shirley was summoned thither to a conference with him and Commo-
dore Keppel in which the representatives of other colonies joined. The Governor had
communicated to the Assembly, at the opening of the 4th session, his intention to attend
this conference, and soon after its close he left the province, to which he did not retui'n
until the thirteenth of May.

Meanwhile the enlistments proceeded, additional bounties being granted by an order of
the General Court which was promulgated in a proclamation by the Lieutenant-Governor,
and an increase of pay and rations for both officers and men was agreed upon.

At the opening of the next session, in a speech to the Assemljly, the Governor informed
them that lioth the eastern and western expeditions had met with the entire approljation of
the General, and that everything necessary on his part for forwarding them had been
immediatel.y done. He then proceeded to disclose the plans of Braddock's campaign,
including, besides the attack of the forts on the Ohio, the reduction of those at Niagara,
which last undertaking had been intrusted to Shirley, to be carried on with two regiments
already enlisted as regulars by authority of the Crown, and under the respective com-
mands of himself and Sir Wm. Pcpperrel. The latter regiment was already in motion,
and the former he expected to embark for Albany in a few days, and to follow it in person
by the middle of June at furthest.

Finding that Pepperrel's regiment would not, from its incompleteness, and by reason of
losses from details for other purposes, furnish an available force of over four hundred
men, the Governor, on his return from the south, had applied for and received from the
government of New Jersey a re-enforcement of five hundred men, and now asked the
Assembly of his own province if it would not bo wise to have his corps of nineteen
hundred men increased. This he hoped might be done without weakening the movement
against Crown Point; but, at all events, he should proceed against Niagara, whether his
force were increased or not. He also submitted letters and other papers from General
Johnson in command of the expedition against Crown Point, calling for immediate action,
and asked that the pay for officers in command of the Indian allies should be fixed, that
provision should be made for building proper storehouses between Albany and the
carrying-place to Crown Point, also for building battcaux and other vessels and construct-
ing a road nearly twenty miles in length, and made the following call on the house for an
appropriation : —

" Gentlemen of the House of Representees 1 must recommend it to you, forthwith to

make the needful Supplies ; for which Purpose I shall order the Committee of War to lay
an Estimate before you of what Sums will be wanting to defray the Expcncc of the
Expedition, & the Ti-easurer to lay before you a State of thi Treasury." — Extract from
the Governor's speech to both houses. May 30, 1755. — Council Records, vol. XX., p. 45(5.

The speech containing this recommendation was immediately referred to two joint com-
mittees, one of which, charged with the consideration of that part of the speech which
relates to the several expeditions against the French, was ordered to sit forthwith.

This committee reported May 31st, approving the expedition against Niagara, and recom-
mending that as many of the forces raised for the Crown Point expedition as the Gov-
ernor should deem necessary, be employed in the first-named service, during the term of
their enlistment, provided the province should be free from the expense of their transporta-
tion and subsistence; that the other governments concerned in the expedition against
Crown Point should raise no objection; that the soldiers should voluntarily enlist in this
service ; and that not less than thirty-seven hundred men, exclusive of the Indians, should
be engaged in the expedition against Crown Point. This report was accepted by both
branches, and consented to by the Governor.

On the second of June the Governor sent another Message to the Assembly, disclaiming
any thought of reducing the force to be employed against Crown Point; but observing
that affairs between the English and French in America, wei-e in a different position from
. what they had been, inasmuch as the design of the enemy, now, was not to harass anj' par-

ticular colony, but to extirpate the whole, and that the plan communicated by him in his

[Notes.] Peovince Laws. — 1755-56. 943

speech at the beginning of the session was calculated to frustrate the enemy's extensive
operations. He therefore asked the Assembly to consider, whether it was not necessary to
increase the New England forces in order to serve the general interest, without regard to
their own particular situation, seeing that the Assembly had, in their vote of May 31st,
agreed that the movement against Niagara was an important part of the proposed plan,
but j'Ct had made their support of that movement conditional upon the securing a full
complement of men to be engaged against Crown Point, wbile it was uncertain whether
the other colonics would contribute their full quotas towards that expedition, — which left
it doubtful if, under that vote, the expedition to Niagara would receive any considerable
addition.

A committee was immediatelj' appointed to draught an answer to the Governor's mes-
sage, but before they reported, a vote was passed by both branches, and received the Gov-
ernor's signature, " that there shall be no augmentation of the Provincial forces raised for
the expedition to Crown Point."

On the third of June the committee's report was presented and acted upon as follows : —

" The Committee appointed to prepare a proper Answer to His Excellency's Message of
the second Instant, reported the following Draught ; Viz'

May it please Your Excellency,

"We have considered with Attention your Excellency's Message of Yesterday, We are
fully sensible of the formidable Designs of the French against his Majesty's Territories
upon this Continent, and we think that the Plan which your Excellency has communi-
cated to us, if the several Parts of it can be properly supported, is well calculated to
defeat them. The Expedition to Crown Point, now made a Part of this Plan, has been
undertaken by the Governments in New England, & those of New York, & New Jersey,
with a Contriinition of Provisions from Pcnsylvania; and your Excellency cannot won-
der if we think ourselves in some Measure, peculiarly obliged to make all necessary Pro-
vision for the Success of it. About one third of the Forces to be employed in it arein the
Pay of this Province. This is undoubtedly more than our Proportion, whether we con-
sider our Estates or the Number of our Inhabitants ; & it is much more so, if any Regard
be had to the very great Charges, to which we are exposed for our Defence. The Forces
raised by New Jcrsies have since been destined for Niagara ; and we have Consented that
your Excellency on certain Conditions should employ part of the other Forces in the
same Service, but we don't apprehend it will be safe to make any further Reduction. We
agree with your Excellency that the Colonies have one common Interest at Stake; and
that a Defeat of the Forces, wherever it may happen, may be of fatal Consequence. We
•wish the Governments to the Southward had contributed to this General Interest, in Pro-
portion, as those to the Northward have done; If this had been the Case no Additional
Force w^ now be wanting. As for this Province, It is the Opinion of the liest Judcres that
at least an eighth part of the Males capable of bearing Arms, including every Rank &
Order of Men, have enlisted into the Service, to act oflfensivcly against the Enemy ; and
the Defence of our Frontiers, which are already attacked, will require a large Numljcr of
those that remain. We have taken as many Men into our Pay as we can find either
Money or Credit to Support; And it is utterly impossiljle for us to comply with your
Excellency's Proposal ; or to make any further Addition to the Forces to be employed in '
one or other of the Expeditions : At the same time we are sensible of the Necessity tbat
the Expedition to Niagara should be well sujjported; and it is not only a Regard to your
Excellency's Person, who has undertook in the Command of it but a real Concern for His
Majesty's Service, w'^'' makes us wish that your Excellency had it in your Power to
strengthen it to any other Parts of the Plan, & to increase the Forces in some other Way
than by the Assistance of this Government.

In Council; Read & Ordered that this Report be Accepted ; & that M'' Dan forth & D'
Pynchon, with such as the Hon'j'<= House shall join be a Committee to wait on His Excel-
lency therewith, — In the House of Representatives ; Read & Crtncur'd, & M^ Cooper, M'
James Bowdoin & M'" Tyng are joined in tbe Affiiir." — Council Records, vol. XX , p. 460.

On the fifth of June, the Governor sent another message to tlie Assembl}', calling atten-
tion to the latter part of his opening speech, in which he urged the necessity of providing
supplies for carrying on the war, and on the next day sent still another message accom-
panied by an extract from a letter which he had received the night before froni" the Gov-
ernor of Connecticut, containing proposals respecting the provisions contributed hj Penn-
sylvania. On these proposals the Governor asked the immediate action of the Assembly,
so that he might send an answer by the return of the express. He also intimated his
wish to send by the same express an account of their doings upon the subjects contained
in the letter of Maj. Gen. Johnson, and urged the necessity of immediate action thereupon,
so " that he [Johnson] and the Colonies may know it."

The conclusion of this message, and the action of the Assembly thereupon, were as fol-
lows : —

" The Season is so far advanced, & the Forces destined to Crown Point should keep
Pace with those designed for Niagara, in order to secure as much as may be the Success
of both Expeditions. The first Division of the latter of these Forces will march on Mon-
day next for Providence, in the Colony of Rhode Island where Transports are waiting for
them, & they will be all iml)arked in seven days from that Time, & sail for Albany, & ifrom
thence proceed directly for Oswego ; Their Battoes for transporting them & their Stores
being in such Forwardness as to be ready to receive them upon their arrival at Schenectady.

I would not mention to you how much General Johnson's Success in ingaging the In-
dians depends upon your making Provision for that Purpose.

In the House of Representatives; Read & Ordered that Col" Lawrence, Col" AVilliams,
Capt Livermore, M' Tyng & M' Taylour with such as the Hon'^'° Board shall join, be a
Committee to take the foregoing Message from His Excellency under Consideration, to-
gether with the Extracts from (3overnour Wcntworths & Govcrnour Fitch's Letters, &

report thereon ; & that the Committee V)e directed to sit forthwith ; In Council ; Read

& Concur'd, & John Otis, Thomas Hutchinson, Eleazer Porter & William Brattle Esq" •

944 Province Laws. — 1755-56. [Notes.]

are joined in the Affair." — Extract from the Governor's Message to both houses. — Council
Records, vol. XX , /j. 464.

On tlie ninth of June, the bill for supplying the treasury with fifty thousand pounds was
passed to be engrossed, and was signed by the Governor two days later.

Chap. 6. " June 13, 1755. A Message was brought up from the House of Representatives,
by Rolicrt Hooper Esq-- & others to acquaint his Excellency, that the House were iufonncd,
that there were divers Vesselis, now loading at Newbury, with Provisions, (supposed to
be designed for the French) under the Pretext of Carrying them to Newfoundland; and
therefore desiring His Excellency, to give effectual Orders for preventing all Vesselis,
■ laden with Provisions or Warlike Stores from sailing out of any Place inthis Province,
untill further Order, and that he wonld write to the Governours of the other Colonies to
do the same, & to the Commanding Officer at Newfoundland, to use his best Endeavours
to prevent this Trade." — Council Records, vol. XX., p. 478.

"June 14, 175.5. In Council ; Voted that William Brattle Esq'' with such as the Hon'''"
House shall join, be a Committee to wait on His Excellency, desiring Iiim to acquaint the
other Governments with what this Court hath done, respecting the transportation of Pro-
visions, and Warlike Stores out of this Province, & to urge them to join in the same Meas-
ures ; In the House of Representatives ; Read & Concur'd, and Mf. Cooper and M'.

Tyng are joined in the Affiiir." — Ibid., p. 484.

" August 16, 1755. In the House of Representatives, Whereas the House are informed
that by the Acts of the Southern Governments Vessels arc restrained from clearing out
for this Province with Provisions; Which Prohibition may occasion a great Scarcity of
Provisions among us, and thereby not only distress our own Inhabitants, but render it
very difficult for the Government to supply our Forces; Therefore,

Voted that His Honour the Lieutenant Governour be desired to [write] to the Southern
Governments, desiring of them that Liberty may be given to any Vessels bound to the
Ports of Boston or Salem to clear out for those Ports with Provisions, sufficient Security
being first given that the same shall be landed at one or the other of the said Ports; In
Council; Read & Concur'd." — Ibid., 2}- 524.

Chap. 7. " June 18, 1755. In the House of Representatives ; Ordered that Col" Cotton,
James Bowdoin Esq"" & M^ James Russell with such as the Hon'^'" Board shall join, be a
Committee to take under Considei'ation & project some more effeetual Method to prevent
Supplies of Pi'ovisioiis & Warlike Stores being, carried to the French : In Council ; Read
& Concur'd, And Eleazer Porter & William Brattle Esq" are joined in the Aflliir." —
Council Records, vol. XX., p. 492.

* * » *

" The Secretary delivered the following Message from his Excellency ;

Gentlemen of the Council & House of Representatives,

By the French Vessels hovering upon our Coast, it seems highly probable, that they are
very short of Provisions at Louisbourgh & other Northern Parts; and in these Circum-
stances there is nothing (under God) can have a greater Tendency to promote the Success
of our Enterprizes, now on Foot, than eflFeetually to prevent the French from receiving
any Supplies from the English in these Parts. And as there are so many persons among
us that are so false to the Interests of their Country, & so mad after this pernicious Trade,
that no Laws will restrain them; and as there are divers small Harbours especially on
our Eastern Coast, where these Traders may meet with the French Vessels & Carry on
the Trade without Discovery, I must recommend it to you to provide for the Charge of a
small, armed Vessel, sufficiently manned to cruize uixm our Coast, in Parts most suspected ;
that they may intercept the Traders in this unlawful & mischievous Commerce : And
whatsoever may be lawfully done for encouraging the Commander & Company of such
armed Vessel out of the Oaptures & Seizures, made by them & legally condemned, I shall
readily join with you in the proper Way of providing for it.

Gentlemen, This Affair requires the greatest Dispatch. In the House of Representa-
tives; Read & Ordered that the foregoing Message be committed to the Committee
appointed Yesterday to project some more effectual Method to prevent Supplies of Pro-
visions & Warlike Stores being carried to the French; for Consideration, & that they
report wliat they think proper for this Court to do thereon, & that the said Committee sit
forthAvith.— In Council; Read & Concnr'd."— Ibid., p. 494.

" June 19, 1755. Report of the Committee on his Excellency's Message referring to a
Guard Vessel for Preventing the carrying Provisions to the French. In the House of
Representatives; Read & Ordered that this Report be recommitted; and that it be an
Instruction to said Committee to take under Consideration a Conditional Embargo on
Provisions & Warlike Stores for a limitted Time, the Committee to sit forthwith; — In
Council ; Read & Concur'd ; And John Erving Esq^ is appointed of the Committee in the
Room of Eleazer Porter Esq'' now absent." — Ibid., p. *496.

"June 21, 1755. Report for preventing Supplies going to the French, viz' The Com-
mittee to whom was referred his Excellency's Message of the 18* Cur' with Respect to
preventing the Supplying the French with Provisions &c^ beg leave to report viz' — That
an Embargp bo laid on all Vessels loaded with Provisions or Warlike Stores, unless what
is necessary for the Voyage, (Fish excepted) for the Space of one Month, provided never-
theless that his Excellency the Govcrnonr or Commander in Chief, for the Time being,
'With the Advice of the Council may permit Supplies to be sent to the Army or Navy, with
necessaiy Provisions within that time. And that His Excellency be desired to write
forthwith to the other Governments, informing them of this Determination of this Govern-
ment, desiring them immediately to come into the same Resolution, for three Months;
Which if they should comply with. That the like Embargo be continued for three Months
by this Government also.

The Committee beg Leave, further to report, That his Excellency be desired to write to
Governour Lawrence, requesting hira to send to Boston, one of the King's armed Vessels,

[Notes.] Province Laws. — 1755-56. 945

to prevent any French Trade being carried on upon our Coasts, as well as to escort any
Vessel or Vessels that may be sent to the Army or Navy with Provisions or Warlike
Stores : All which is hnmbiy submitted; — John Erving.

In the House of Ileprescntativcs ; licad & Ordered that this Report be accepted, and

that a Bill be brought in accordingly. In Council; Read & Concur'd; Consented to

by the Governour." — Ibid., p. 501.

« * * •

" In the House of Representatives ; Voted that an Embargo be laid on all Vessels that
have anj' Provisions or Warlike Stores on board except what may be necessary for their

respective Voyages, till Wednesday next. In Council; Read & Concur'd; Consented

to by the Governour." — Ibid., p. 501.

" June 25, 1755. The Bill for preventing the Exportation of Provision & Warlike
Stores from any Part of this Province, was brought up from the House of Representatives,
with their Concui-rence, with Amendments as taken into a new Draught. Which were
read and agreed to by the Council." — Ibid., p. 505.

* « * *

" A Message was brought up from the House by Col" Rowland Cotton to propose unto
the Board that the forementioncd Act should be printed in To Morrow's News Paper,
which was agixed to by the Council, and Orders were given for printing said Act accord-
ingly."— I bid., p. 506.

August 12, 1755. A Petition of Joshua Winslow, Esq"" of Boston Merch' Praying that
a Vessel belonging to him ))ound for Surinam, Duncan Ingraham Master may be permit-
ted to proceed thither upon his giving Bond at the Impost Oflice.

In the House of Representatives ; "Read & Ordered that Thomas Foster Esq'' M'' Tyng,
and Col° Miller, with .such as the honi'''= Board shall .join be a Committee to take this Peti-
tion under Consideration ; and report what they think proper for this Court to do thereon,

In Council; Read & Concur'd, And Samuel Watts and John Eiwing Esq''* are joined

in the Aftair.

On which Petition the Committee reported as follows ; viz'

The Committee to whom was referred the above Pet'^ beg Leave to report. That they are
humbly of Opinion that the Prayer thereof be granted, and that the Commissioner of
Impost be and hereby is impowered to take Bond of One Thousand Pounds Sterling, of
the Petitioner, for the Landing the Provisions mentioned in the Petition, M'ithin the Port
of Surinam; Provided the Quantity exceed not Eighty Barrells; and that the* Chief
OflBcer of said Vessel on his Return, make Oath that the said Provisions were actually
landed witliin the Port aforesaid.

All which is humbly submitted, Per Sam^ Watts per Order.

In Council ; Read & Ordered that the Report on the other Side l)e Accepted : In the

House of Representatives ; Read & Concur'd, Consented to by the Lieu' Govern'." — Ibid.,
p. 515.

Chap. 8. " April 16, 1756. In the House of Representatives ; Ordered that there be
allowed & paid out of the Publick Treasury to Mr James Russell Commissioner of the
Stamp Duties the Sum of One Hundred & Sixty Pounds in Consideration of his Services
in said Trust the Year past. In Council ; Read & Concur'd Consented to by the Gov-
ernour."— Council Records, vol. XXI., p. 167.

" March 22, 1758. In the House of Representatives. Resolved That all Persons in
this Province who purchased any stamped Papers or Blanks of the Commissioners of the
Stamps during the continuance of the late Act for that Purpose, and who were possessed
of the same or any part thereof unimproved at the expiration of said Act, shall upon
application to the said Commissioner have the Value of said Stamps paid or remitted to
him ; the Accounts of such Stamps being presented under Oath to said Commissioner
within six INIonths from this time.

In Council Read and Nonconcurred." — Ibid., vol. XXII., p. 291.

Chap. 11. " September 8, 1755. A Memorial of William Cooper of Boston Merch*
Shewing that he has two Vessells bound for the Bay of Honduras, where it is necessary to
carry more Provisions than is usual to be carried on Common Voyages, Therefore pray-
ing that he may l)e licenced to export the Provisions in the Memorial particularly men-
tioned, upon give Bond according to Law.

In the House of Representatives ; Read & Ordered that the Prayer of this Petition be
granted, and that the Memorialist give Bond with two sufficient Sureties, in the Sum of
One Thousand Pounds for the delivery of the said Provisions in the Bay, except so much
as may be necessary for the Use of the People on board the said Vessells, (the Danger of
the Seas excepted) And that the Petitioner make Oath before the Commiss"' of Impost,
that the Provisions on board said Vessels are designed for no other Place than the Bay
& for the Common Supplies of the said Vessel!, & that the Masters of said Vessels, upon
their Return, shall make Oath, (if required,) that they have delivered the same at the
Bay aforesaid, except what was reserved for the Use of the said Vessel : —

In Council ; Read & Concur.'d ; Consented to by the Lieu' Govern'." — Council

Records, vol. XX., jy. 530.

" September 8, 1755. A Memorial of Timothy Fitch & John Phillips jun'' of Boston
Merchants, shewing that they are fitting out the Brigantines Neptune & Elizabeth for the
Bay of Honduras, where it is necessary to carry more Provisions than is usual on com-
mon Voyages, Therefore Praying that they may be licenced to export the Provisions in
the Memorial particularly mentioned, upon tlieir giving Bond according to Law.

In Council ; Read & Ordered that the Prayer of the Memorial be gi-anted ; & that the
Petitioners give Bond with sufficient Sureties, in the Sum of One Thousand Pounds for
each Vessel, for the delivery of the said Provisions in the Bay of Honduras, except so
much as may be necessary for the Use of the People on board said Vessells (the Danger
of the Seas excepted) and that the Petitioners make Oath before the Commissioner of Im-

119

946 Province Laws. — 1755-56. [Notes.]

post, that the Provisions on Board said Vessels are desi.aned for no other Place than the
said Bay, and the common Supplies of the Vessels, and that the Masters of said Vessels
on their Return shall make Oath (if required) that they have delivered the same at the
Bay aforesaid, excepting what was reserved for the Vessells Use.

In the House of Represent^" Read & Concur'd : — Consented to by the Lieu* Gov." —
Ibid., p. 531.

" September 8, 1755. A Petition of Thomas Boylstone of Boston Merch' shewing that
he is fitting out the Brigantinc Friendship for Surinam, Praying that he may be allowed to
send thither. Fifty Barrclls of Flour as jiart of her Cargo.

In Council ; Read & Ordered that the Prayer of the Petition be granted; And that the
Petitioner ha allowed to ship the Fifty Barrclls of Flour within mentioned, for the Port
of Surinam, he giving Bond to the Commissioner of Impost, in One Thousand Pounds
Sterling for the delivery of the said Flour at the Port aforesaid, and that the Chief Officer

of said' Vessel, on his Return, make Oath of the Delivery of said Flour accordingly

In the House of Representatives ; Read & Concur'd.

Consented to by the Lieuten' Govern^" — Ibid.

Chap. 12. " June 26, 1755. In the House of Representatives ; Resolved that His Excel-
lency the Captain General be desired to commission proper Officers for raising by Enlist-
ment, not exceeding Five hundred Men, to march to Crown Point, to reinforce tlie Army
destined there, if by Advice from the Army had in the Recess of this Court it shall be
adjudged by the Commander in Chief for the Time l)eing, with the Advice of the Council,
That it is necessary that the Army should be so reinforced : — That each Man be paid a Dollar
upon his Enlistment ; and in Case of their being actually engaged in the Service, that they
be allowed the same Bounty, (including the Dollar) Pay & Subsistence as the Forces already
destined there, have ; they finding their own good & sufficient Anns : The Pay and Sub-
sistence to commence from the Time of their Marching; and that they be discharged as
soon as the Place shall be reduced, or the Nature of the Case will admit of, or not exceeding
the Time the other Forces are enlisted for; That the enlisting Officer be allowed half a
Dollar for each Man so inlisted, and that his Excellency the Gov be desired to inform the

other Governments of this Resolve, In Council ; Read & Concur'd ; rConsented to by the'

Governour." — Council Records, vol. XX.., p. 507.

" August 6, 1755. But I must recommend to your first & immediate Consideration the
Subjeft Matter of the last Letter received from the Governour, and especially that part of
it which respects the Five hundred Men, ordered to bo enlisted & kept in Readiness for
the Service of the Expedition to Ci-own Point; His Excellency's Arguments for the Des-
tination and immediate Employment of this additional Force arc so weighty and Con-
clusive, that I need add nothing to induce you to express your Approbation of his
Proposal ; I have no certain Account what Proportion of those Men are enlisted, but I
dail3' expect a Return from the several Officers." — Extract from the Lieut. Governor's
speech to the Assembly. — Ibid., p. 510.

"August 7, 1755. In the House of Representatives; Ordered that M' Speaker, Col"
Otis, M'' Foster, Mi" Cooper, & Cap' Livermore with such as the Hon'''" Board shall join,
be a Committee to take under Consideration his Honour's Speech, with the Papers referr'd
to therein, & report thereon as soon as may be. In Council ; Read & Concur'd ; And
Ezekiel Chever, James Minot, Andrew Oliver & Thomas Hutchinson Esq''* arc joined in
the Afiiih-."—Ibid.,p. 511.

" August 8, 1755. On the Report of the Com'^" on the Lieu* Governours Speech, In the
House of Representatives ; Read & Accepted, And, Ordered that there be forthwith raised
Three hundred Men to reinforce the Expedition to Crown Point, and that there be paid to
each of said Three hundred Men, Twenty four Shillings by Way of Bounty, and Twelve
Shillings more upon his producing sufficient Fire Arms at the first INIustcr, and that the
Payor'Wages shall commence at the Time of Enlisting, and the Subsistence from the
Time of marching from their Place of Dwelling to the Place of Rendezvouz ; and that no
Deduction shall be made of their Pay for any of the Bounty they so receive; And that
there be allowed three Shillings to the Officer for each of the said Three hundred Men
enlisted by him; And it is further Ordered that the like Bounty & Encouragement be
allowed to each of the Five hundred Men, to whom this Court in their late Session allowed
Six Shillings to hold himself in Readiness for the Service, Including the said Six Shil-
lings ; And His Honour the Lieutenant Governour is desired to give Orders for said Men
to march in Companies as fast as they are compleatcd, to join the other Forces already
gone, and to acquaint the other Governments concerned iu this Expedition of these Reso-
lutions, and urge them to raise a proportionable Number of Men for the said Sei-vicc. In
Council ; Read & Concur'd ; Consented to by the L' Governour." — Ibid.

" September 5, 1755. M'" Speaker and the House being accordingly come up, His
Honour made the following Speech to both Houses, viz'

Gentlemen of the Council ik House of Representatives, I have received late Advices from
Major General Johnson which I shall order to be laid before you : And they are of such
Importance, that I could by no Means think it proper to delay communicating them, to
you untill the Time to which the General Court stood prorogued; And therefore I have
called you together in a Manner somewhat extraordiiiary, but yet absolutely necessary
for the publick Service

You will perceive. Gentlemen, That, not only the Provincial Forces fiill Short of the
proposed Number, but also that there is a probability of a much greater Forces prepared
to resist them than we ever imagined that there would be ; and ath6 our Troops appear
to be animated with true Courage, and to be zealously bent to maintain the Honour of
their King, and to remove and prevent all Encroachments upon his Majesty's Dominions,
yet it will be Presumption to suffer them to engage with any great Inequality of Numbers,
when we have it in our Power to prevent it.

I must therefore most earnestly recommend it to you to come into some vigorous &
speedy Resolution, which may enable me to raise an additional Number of Men to join

[NoiEs.] Province Laws. — 1755-56. 947

our other Forces without any Delay. I leave you to consider what Encouragement is proper
& what Measures are necessary to be taken : But certainly something; further must be
done than has yet been' done; for I have not been able to compleat the Eight hundred
Men you desired me to raise in your last Session, notwithstanding my utmost Endeavours
for that Pui-pose. ■

* * * *

The Secretary laid before the two Houses the Letters received from Major General
Johnson, referred to in his Honour's Speech, with other publick Letters received iu the
Recess of the Court.

In the House of Representatives, Resolved that Two Thousand Men be raised as soon
as mav be, in addition to the Forces already ordered for the Crown Point Expedition ; and
that M"- Speaker, M' Trowbridge, Judge Russell, M-- Tyng, Col" Williams, Col" Otis, &
M"" Cooper with such as the Hou'jI" Board shall join, be a Committee to take under Con-
sideration some suitable Method for raising the said Recruits, & report thereon, the said

Committee to sit forthwith : In Council ; Read & Concur'd, and Benjamin Lynde, John

Gushing, James Minot, Isaac Royal, Benjamin Lincoln & William Brattle Esq" are joined
in the Affaii:"— Ibid , pp. 526, 527.

" September 6, 1755. In the House of Represenff^s ; Ordered that the Printers of the
several News Papers be prohibited from publishing any Thing relating to the Expedition
now carrying on against Crown Point without Permission of this Court, or of the Govern-
our & Council iu the Recess of the Court. In Council; Read & Concur'd; Con-
sented to by the Lieu' Governour."— /6/rf., p. 527.

" September 6, 1755. Committee's Report about raising of Soldiers ; viz' The Com-
mittee appointed to consider of some suitable Method ofraising Two Thousand Men to
reinforce the Army, destined to Crown Point, having attended that Service are humbly of
Opinion that His Honour the Lieuten' Governour ))e desired forthwith to give Orders for
enlisting Two Thousand Men, to reinforce the said Army, under the Command of Gen-
eral Johnson upon the same Bounty, Pay & Subsistence that those already enlisted have
received, or are entitled to, except that no Part of the Wages be advanced, as was to
those who have hitherto enlisted. That His Honour be also desired forthwith to give
Orders for Mustering the several Companies both of Horse and Foot in all the Regiments
in this Province (except those in the County of York) on the fifteenth Instant; and if the
two Thousand are not enlisted by that Time, that the Number be complcatcd I)y an
Impress to be made as soon as may be : And that His Honour be desired in proportion-
ing the present Levies, to order Five hundred Men to be raised out of the several Troops
of Horse, either by their inlistingor Impresses out of them, the remaining Fifteen hun-
dred Men out of the Foot Companies; Regard to be had to such Regiments as have done
most in furnishing Men for his Majesty's Service, for the two Years last past.

The Committee further propose a Bill to be brought in to oblige all the Troopers & Foot
Soldiers in the several Regiments, to appear on such Muster on the Penalty of Twenty
Pounds, Lawful Money, and also such as are impi-essed to attend the Seiwice. aforesaid.

All w^b is humbly submitted, In the Name & by Order of the Com'«8

Benja Ltnde.

In the House of Representatives; Read & Ordered that this Report be accepted. And
that M"^ Trowbridge, Judge Russell & M"" Gridley with such as the Hon'^''^ Board shall
join, be a Committee to prepare & lu-ing in a Bill accordingly. In Council ; Read & Con-
curd ; & Samuel Danforth & Stephen Sewall Esq" are joined in the Affair." — Ibid.

" Septeml^er 9, 1755. In the House of Representatives ; Whereas there is an absolute
Need of a greater Number of Persons iu the Expedition against Crown Point, that under- .
stand the Artillery.

Voted that Col" Richard Gridley be desired, for the Necessity of the Service to assist
there in that Part, and that he have the same Monthly pay for it, which he received for
his Services in the Train of Artillery at the Seige of Louisbourgh ; and further

Voted that HisJIonour the Lieuten* Governour be desired to appoint him Colonel of
one of the Regiments to be raised here for that Expedition, and that he receive his Pay in
that Capacity too. And that an Express be immediately dispatched for his Answer : —
In Council ; Read & Concur'd." — Ibid., p. 531.

" September 9, 1755. In the House of Representatives ; Voted that His Honour the
Lieu' Gov be desired to issue a Proclamation, to encourage the Two Thousand Additional
Troops to enlist for the Cro\Mi Point Expedition ; promising to each able bodied effective
Man who shall inlist on or before the fifteenth Instant, Four Dollars upon Enlistment, and
two Dollars more to every Man who shall appear at the first Muster with a good Gun to
carry with him, also promising a good Blanket to each Man, & Twenty Six Shillings &
eight pence per Month Wages while in the Service, and that such who shall enlist as afore-
said shall be discharged preferably sooner than those who may be impressed, and as soon
as the Men already enlisted shall be discharged, And that his Honour be requested to
write to Major General Johnson, desiring him'to dismiss a proportionable Number of the
Troops of this Government, compared with the Troops of the other Governments as soon
as the Service will admit of it ; And that in discharging such Troops, he would prefer the
Enlisted Men to those who may be impress'd :— In Council ; Read & Concur'd."— /Sid.,
p. 532.

"By the Honourable Spencer Phips Esq'' Lieutenant Governour and Commander in
Chief in and Over His Majestyis Province of the Massachusets Bay in New England.

A Proclamation.

Whereas upon Consideration of the great importance of the Expedition now carrying on
against the French Fort at Crown Point and the great necessity of having a Force sufficient
(by the divine Blessing) for the Execution of the said design ;'the Great and General Court
or Assembly of this Province have made provision for Two thousand recruits of the Army

948 Peovince Laws. — 1755-56. [Notes.]

under the Command of Major General Johnson, and have desh-ed of Me, that I would
issue Orders for raising the same accordingly; And have likewise voted the following
encouragement to ail such able bodied effective Men, as shall inlist in the said Service,
Non Commission Officers as well as Soldiers. Viz

That each Man shall have a good Blanket or other warm Cloathing equivalent given
him; and shall be allowed twenty six shillings c^ month Wages, during the Service.

That there likewize shall be paid to every able bodied man who shall inlist on or before
the 15 Instant, Four dollars upon inlistment and two dollars more to every such Man who
shall appear at the first muster with a good Gun to carry with him.

And that whenever the Service will admit of any of the Troops being discharged the
Voluntiers shall have the preference; and that such as shall now inlist, shall be dis-
charged as soon as those who have already inlisted.

I do therefore hereby promise in behalf of his Majesty's said Province of the Massa-
chusets Bay, that there shall be a full compliance with the Engagement made in each
and every the Articles aforesaid.

Given at the Council Chamber in Boston the ninth day of September 1755. in the twenty-
ninth Year of the Reign of Our Sovereign Lord George the Second, by the Grace of God
of Great Britain, France and Ireland, King, Defenderof the Faith &ea.
By Order of His Honour the

Lieutenant Governour with the S. Phips.

Advice of the Council

J. WiLLARD Secfy

God Save the King." — Records of Civil Commissions ; in Secretary' s
Office, vol. 2., p. 21Q.

Chap. 14. "June 11, 1755. In the House of Representatives; Voted. that his Excel-
lency the Captain General & Governour be desired immediately to declare War against the
Arrasaguntacook Tribe of Indians, and all the Triljcs of Indians Eastward and Northward
of Piscataqua River, the Penobscot Tribe only excepted,

* * * »

That for the Defence of the Eastern Frontiers, a marching Army be raised by enlistment,
consisting of three hundred Men exclusive of Officers, That they be continually employed

in Scouting, & that their Destination be as follows; That Fifty Men be employed in

Scoutinir from Lebanon to Saco River; Sixty Men from Saco River to New Boston i)y the
Way of Pearsons & Hoiibs Town & New Glocester, Ninety Men from New Boston to
Frankfort ; One hundred Men from Frankfort to the Truckhouse on S' Georges River ;^—

* * * *

That there be but Two Commission Officers, viz* a Captain & Lieutenant, to a Company

of not less than Forty five Men, That the Establishment l)e for Five Months to commence

, from the twentieth day of June Instant & no longer. That the Pay & Subsistence of the

Soldiers, that may be enlisted as aforesaid, commence upon the Day of their Enlistment;

& that an Establishment be made accordingly,

Also Voted that Fort Halifax & the Store House at Cushnoe be gaiTisoned with Eighty

Men & no more ; Fort Brunswick, Five Men & no more ; Fort Frederick at Pemaquid,

with Twenty Men & no more, The Trucl^ House at S' Georges, with Forty three Men &

no more ; The Truck House at Saco with Fifteen Men, & no more.

* * * *

And for an Additional Security to the Western Frontiers, Voted that there be four Men

at Fort Dummer, & no more; At Fort Massachusetts Forty Men & no more; At

Pontoosuck, Eleven Men & no more; For the three Garrisons at Charlemont, Twenty

four Men & no more ; — At the two Garrisons at Colrain, Twentj' four Men & no more ;

At Northfield & Greenfield, Twenty Men & no more.

And that the Pay of the Officers "& Soldiers in the several Forts & Garrisons be the same
as was provided by the last Estal)lishmcnt made for said Forts & Garrisons.

And that if in the Judgment of the Captain General, He shall hereafter find it necessary,
that there be a Number of Men employed in Scouting between the Rivers of Coimecticut
& Merrimack, that he be desired to raise Thirty Men by Inlistment, and destine them there
for that Purpose, for the Time aforesaid ; And that the same Pay & Subsistence & Bounty
be allowed them, as are allowed to the Marching Forces proposed to be raised on the East-
ern Frontiers; and that an Establishment be made accordingly In Council; Ptcad &
Concur'd ; Consented to by the Governour." — Council Records, vol. XX., pp. 475, 476.

" June 14, 1755. In the House of Representatives ; Voted that there be an Addition of
Fifteen Men for the Service of the Western Frontiers, to be employed as the Captain Gen-
eral shall order; And that, to prevent an Impress, there be a Bounty of Three Dollars per
Man, allowed to each Man that finds his own Gun ; The Money to be paid into the Hands
of Israel Williams Esq'' for that Service he to be accountable. In Council ; Read & Con-
cur'd ; Consented to by the Governour.

In the House of Representatives ; Resolved that in Order to prevent an Impress of Men,
there be a Bounty of Three Dollars per Man to Fifteen Men who shall inlist for Fort
Massachusetts & find their own Gun, the said Fifteen Men to be part of the Forces already
allowed on the Western Frontiers, the Money to be paid into the hands of Israel Williams

Esqf for that Service, He to be accountable : In Council ; Read & Concur'd ; Consented

to by the Governour." — Ibid., p. 484.

" August 14, 1755. In the House of Representatives ; Voted that His Honour the Com-
mander in Chief be desired to give Orders for the enlisting Ten Men, as an addition to the
thirty Men already ordered to scout between Connecticut & Merrimack Rivers, the said
Ten Men to be employed in said Service for a Term not exceeding Six Weeks. In Coun-
cil; Read & Concur'd ; Consented to by the Lieu' Governour." — Ibid., p. 51%.

" August 15, 1755. A Petition of Nathan Willard Commander of Fort Dummer, shew-
ing that the Number of the Garrison Soldiers there is so reduced, as renders it hazardous

[Notes.] Province Laws. — 1755-56. 949

that upon the Appearance of any Body of the Enemy it will fall into their Hands, Praying
that the said Garrison may be reinforced,

In the House of Representatives; Read & Voted that his Honour the Commander in
Chief be desired to give Directions to the Memorialist Nathan Willard to enlist Six Men,
for a Term not exceeding Six WeelvS, as an Augmentation of the Forces already posted
at Fort Dummer; None of the said Six Men being Inhabitants of that Place, or of the
Lands round about the same except Daniel Sergeant, who is now there ; And that each of
the said Six Men be paid One Dollar, as a Bounty on their Enlistment as aforesaid. In
Council; Read & Concur'd; Consented to by the Lieu' Governour." — Ibid., 2^ 522.

" October 28"> 1755. In the House of Representatives ; Voted, That His Honor the
Lieu' Governor & Commander in Chief be desired to issue his Proclamation, remand-
ing to their respective Posts ail such persons belonging to this Government, and able of
body, who were enlisted into his Majesties service in the expedition against Crown Point,
and are now absent on Furlough; — Also, That his Honour be desired to give Orders that
all Persons who are enhsted and receive the Province Bounty, or were impressed into the
said service, and not afterwards excused, who did not actxiaily proceed thereon, he, forth-
with sent to the Army ; Also that he would give orders to the Colonels or Chief Officei's
of the several Regiments, to make enquiry who, belonging to their respective Regiments,
are absent from their duty ; and to take effectual care that they repair to the Army with-
out delay. In Council ; Read and Concurred." — Ibid., vol. XXL, p. 17.

" Province of the Massachusetts Bay By His Honour Spencer Phips Esq"' Lieutenant
Governour and Commander in Chief of the said Province.

A Proclamation.

For his Majesty's Service, and in pursuance of the Desire of his Majesty's Council, and
the House of Representatives to me signified by their Vote of the 28"> Instant I do hereby
strictly require all Persons who have Inlisted into His Majesty's Service in the Expedition
against Crown Point, and have receiv'd the Province Bounty, or that were impress'd into
that Service, and have not actually pi'oceeded thereon, nor been duly excused therefrom ;
as also, all such persons, belonging to this Government; and al^lc of Body, who have
been in his INIajesty's Service in that Expedition, and are now absent on Furlough, that
they forthwith repair to the Army under the command of Major General Johnson, and
attend their duty there, as they would avoid being proceeded against, with the utmost
Rigour of Law.

Given at Boston the twenty ninth day of Octoberr 1755, and in the twenty ninth year of
the Reign of our Sovereign Lord George the Second by the Grace of God of' Great
Britain, "France, & Ireland, King Defender of the Faith &c.

By His Honour's Command

Thos Clarke Dp*y Secfy S. Phips.

God save the King." — Records of Civil Commissions ; in Secretary's
Office, vol. 2, p. 288.

Chap. 15. " February 18, 1756. In the ifouse of Representatives ; Voted that such
OflScers & Soldiers as shall go into his Majesty's Service in the proposed Expedition shall
not be taxed for their Polls the present Year. And that the scvei-al towns which shall
[exempt ?] such Officers & Soldiers shall receive out of the Piiblick Treasury an equiva-
lent thereto ; and that publick Notice be given thereof accordingly In Council Read &

Concur'd Consented to by the Governour." — Council Records, vol. XXL, p. 95.

Chap. 16. " Nov 4"> 1755. A Petition of John Schollay, of Boston, praying for
liberty from this Court to Ship off three barralls of Gun Powder in the Brigantine Peggy

for North Carolina, where it is much wanted In the House of Representatives ; Read

and Ordered, that the Prayer of the Petition be so f;xr granted, as that the Pcf be allowed
to Ship off the Powder within mentioned in the said Vessell he giving Bond with suffi-
cient sureties in the sum of One thousand Pounds for the delivery of the said Powder in
North Carolina. In Council ; Read and Concur'd. — Consented to by the L* Gov." — Coun-
cil Records, vol. XXL, p. 25.

" By the Hon^e Spencer Phips Esqf Lieutenant Governor & Comm'' in Chief of his Maj-
esty's Province of the Massachusetts'Bay in New England.

A Proclamation

"Whereas An Act was made and passed liy the Great & General Court or Assembly of
the Province aforesaid at their Session held the twenty fourth day of September last. En-
titled an Act for preventing the Exportation of Provisions and Warlike Stores out of this
Pi-ovince, Which Act was to continue untill the first day of December next; and therein
it was also provided and enacted 'That if the Governor or Commander in Chief for the
Time being shall see fit with the Advice & Consent of the Council'to issue a Proclamation,
prohibiting the Exportation of Provisions or Warlike Stores out of this Province for any
time after the said first day of December next, not exceeding the first day of March next
after, the Master & Owner & Owners Factor & Factors of any Vessel or Vessels on board
of which such Provisions or Warlike Stores shall be exported contrary to such Procla-
mation, shall be respectively liable to the same Pains and Penalties as if the same had
been exported before the said first day of Decem'' contrary to this Act.'

And whereas the said Great & General Court did at their Session held the twenty second
of October following, pass an Act, entitled. An Act to prevent the Sulyects of the French
King being supplied with Provisions, Which Act was to continue during the Continuance
of the Act first mentioned.

Upon due Consideration of the said Acts & the State of Affairs in relation to the Mat-
ters contained therein. I have thought fit with the Advice & Consent of his Majesty's
Council of this Province to prohibit the Exportation of Provisions or Warlike Stores from

950 Province Laws. — 1755-56. [Notes.]

any Port of this Province untill after the first clay of January next and all persons cou-
cerncd are required at their Peril to govern themselves aceordinj^ly, to order that the afore-
said Act entitled, An Act for preventing the Exportation of Provisions & Warhke Stores out
of this Province & likewise the Act, entitled, An Act to prevent the Subjects of the French
Kins being supplied with Provisions (herein before mentioned) shall be and hereby are
Declared to be and remain in full Force & Virtue untill the first day of January next;
and all Persons whatsoever are required strictly to conform themselves thereunto.

Given at the Council Chamber in Bosron the twenty eight day of Nov 1755, and in the
twenty ninth Year of the Reign of Our Sovereign Lord George the Second by the Grace
of God of Great Britain France and Ireland King, Defender of the Faith &c.
By Order His Honour the Lieut-
enant Governor with the Advice and S : Phips.

Consent of the Council

J. WiLLAiiD Secfy.

God Save the King." — Records of Civil Commissions : in Secretary's
Office, vol.1, p. 2^\.

" January 20, 1756. In the House of Representatives ; Voted that the Lieu' Governour
& Commander in Chief be desired with the Advice & Consent of the Council to Issue a
Proclamation forbidding the Exportation of Provisions or Warlike Stores out of this
Province for a further time agreealile to the Power given by an Act passed this Court in
September last — In Council Read & Concnr'd." — Council Records, vol. XXL, p. 57.

" January 29, 175S. A Petition of Timothy Fitch of Boston Merchant Shewing that he
is fitting out the Schooner Two Brothers, Thomas Stanley Master for the West Indies,
Praying that he may be allowed to carry thither Fifty Barrells of Provisions for the use
of the Inhabitants of the English Islands — In the House of Representatives; Read & Or-
dered that the Prayer of the Pet'> lie granted, and that the Petitioner have Liberty to
Export Fifty Barrells of Provisions on IBoard the Schooner Two Brothers, Thomas Stan-
ley Master, to any of the EnsxHsh West India Islands, provided he give Bond to the
Impost Officer in the Sum of Fifty Pounds Sterling to Land or dispose of the same at any
one or more of the said Islands, and to Produce a Certificate from one of the Principal
Officers of His Majcstys Customs in such Place or Places respectively that said Provi-
sions have been so landed or disposed of, & when such Certificate is produced to the said
Impost Officer, the Bond aforesaid shall be Cancelled & delivered up In Council; Read
& Concnr'd— Consented to by the Lieutenant Governour." — Ibid., p. 64.

" A Petition of Samuel Sturges & Solomon Davis of Boston Merch'** Praying for Liberty
to Ship on Board a Sloop belonging to them for the Bay of Honduras Thirty Barrells of
Beef, ten Barrells of Flour, Two Barrells of Mackarell & Three Quintals of Fish for the
use of the English there —

In the House of Representatives ; Read & Ordered That the Prayer of the Petition be
so far granted as that tlie Petitioners have Liberty to Transport the Provisions therein
mentioned to the Bay of Honduras, Provided they give Bond to the Impost Officer in the
Sum of Five Hundred Pounds Sterling to c^rry the same to the Bay and there dispose of
it: which Bond shall be Cancelled and delivered up when the Master of the Vessell on
board which said Provisions shall be shipt, returns & makes Oath that said Provisions
have been so disposed of— In Council ; Read & Concnr'd — Consented to by the Lieutenant
Governour." — Ibid, p. 65.

" February 13, 1756. A Memorial of Nathaniel & George Bethune of Boston Merchants,
Shewing that they are fitting out for Newfoundland the ISrigantine Mermaid John Tozer
Master, & praying that they may be allowed to Ship in her One hundred & Twenty Bar-
rels of Provisions for the use of his Majestys Garrison there —

In the House of Representatives ; Read & Ordered, That the Prayer of the Petition be
gi-anted, & that the Petitioners have liberty to Ship the Provisions mentioned on Board the
Briganthie IMermaid, & that the Commissioners of Impost be & is hereby impowered &
directed to take Bond of One thousand Pounds Sterling of the Petitioners for Landing the
same at Newfoundland, and that the Chief Officer of the said Vessell at his return make
Oath that the said Provisions were actually Landed there, & upon his taking the said O.ith

the said Bond to be Cancelled In Council; Read & Concnr'd — Consented to by the

Governour." — Ibid., p. 88.

" February 14, 1756. A Memorial of John Phillips of Boston Merchant, shewing that
he is fitting out the Brigantine Abigail John Atwood Master for the Bay of Honduras and
praying that he may be allowed to transport in said Vessell Fifty Barrells of Beef and
Thirty "Barrel Is of Flour for the use of the Inhabitants there. In Council; Read & Or-
dered, That the Prayer of this Petition be so far granted as that the Petitioner be & hereby
is allowed to Ship the al)ove mentioned Provisions for the Bay of Honduras in the said
Vessell, Provided he give Bond in One Thousand Pounds Sterling to Land the same there,
And upon the Master or Chief Officer of said Vessell making Oath after her return, tliat
the Provisions have been so Landed, the said Bonds shall l)e Cancelled. In the House of
Representatives Read & Coneur'd — Consented to by the Governour." — Ibid.,]}- 90.

Chap. 17. "The Massachusetts assembly stood prorogued to the 24th of September.
The lieutenant-governor was advised to order a special session, by proclamation, on the
5th. There had l)ecn no precedent for this in the province. Recourse was had to prece-
dents in parliamentary proceedings. When the Dutch threatened an invasion in 1667,
King Charles II., having prorogued the parliament to October 10th, called, by proclama-
tion, an intermediate session on the 25th of July. The Dutch did what mischief they
could, and withdrew their ships. The parliament was again prorogued to the 10th of Oc-
tober, and, as no business was done, there was no room to call in question the validity of
any proceedings.

The necessity of the case induced Mr. Phipps to comply with the advice given him, and
the assembly, "having sat everv day, Sunday included, from the 5th to the 9th, and made

[Notes. 1 Province Laws. — 1755-56. 951

provision for raising two thousand men as an additional force, were prorogued -o the 10th
of Octul3er;* when it was thought proper, by an act passed for that purpose, lo cstal)]ish
all the proceedings of the intermediate session. Some of the council opposed this meas-
ure, lest it should be urged, in future time, as an objection to the procStdings of any inter-
mediate session, and sufficient ground for a refusal to obey them, which might be of very
bad consequence." — Hutchinson's Hist. Mass., vol. 3, p. 34.

Chap. 20. See note to chap. 16, ante.

Chap. 23. " Nov 6^^ 1755. In the House of Representatives ; Ordered, that M^ Gridley,
M'' Hooper & Col° Otis with such as the Hon'^'« Board shall join be a Committee to ex-
amine into the State of the French on Board Transports lying in the Harbour of Boston,

and to report what they think proper for tliis Court to do thereon. In Council; Read

and Concurred, and Joseph Pynchon & William Brattle Esq" are joined in the affair." —
Council Records, vol. XXI., p. 28.

" Novi- 7^^ 1755. Report on the Affair of the French People on board the Transports
&c The Committee appointed to examine into the State of the French Nutrals in the
several Transports, now lying in the harljour of Boston, having attended the affair are of
opinion that liberty l)e given for landing so many of said Nutrals as will reduce those
that may be left on board of any Transport, to the proportion of two Persons to a Ton,
The Hoii'^''^ Benjamin Green Esq^ of Halifax having assured the Committee that he will
settle the affairs with the Masters of the Vessels. — Which is humbly submitted.

Joseph Pynchon pr order.

In the House of Representatives, Read, and Ordered, that this report be accepted. In
Council, Read, and Concurred. Consented to by the Lieu"^ Governor. —

In the House of Representatives, Whereas, it appears to this House that it is not safe
for the several transports with French People on board, now lying in the harbour of Bos-
ton to proceed on their respective Voyages under their present circumstance : — There-
fore, Voted, That His Honour the Lieu' Governor be desired to give Orders forthwith that
they mav not pass the Castle till further Orders. In Council, Read and Concurred." —
Ibid., p.' 29.

" December 12 : 1755. In the House of Representatives ; Ordered that M"" Gridley,
M'' Witt, M'- James Russell, M'' Tyng, & M'' Wilder with such as the Hon^e Board shall
join be a Committee to take under Consideration the Affair of the Fi-ench Inhabitants
of Nova Scotia who have lately been sent into this Province by Governour Lawrence &
report thereon — In Council ; Read & Concur'd & Samuel Watts, Andrew Oliver John
Erving & Tho« Hutchinson Esq''* are joined in the Affair." — Ibid., p. 32.

" Decern'' 17, 1755. In Council; Voted that His Honour the Lieu' Governour be desired
to Write to Gov Lawrence to acquaint him that this Government have admitted a number
of the Inhabitants of Nova Scotia, sent hither by his Order, who arrived when the Season
was so far advanced that they could do but little for their own Support ; That the Govern-
m' have received them in expectation of being indemnified from all Charges that might
arise on their Accounts; and therefore desire His Excellency will give Orders for defray-
ing all such Charges; And further to acquaint him if any more should be sent hither, he
would at the same time give the like Orders respecting them. In the House of Repre- •
sentatives; Read & Concur'd." — Ibid., p. 34.

" Decemb'^ 20, 1755. A Bill entitled an Act making Provision for the Inhabitants of
Nova Scotia sent hither from that Government and lately arrived in this Province (re-
ported by the Committee) — In Council; Read a First & Second time & passed to be
Engrossed with amendments as taken into a new Draught." — Ibid., p. 38.

Chap. 26. " September 12, 1753. A Petition of Thomas BeiTy Esq'' and others Feeoffees
of Ipswich Grammar School sliewing that by Reason of their Omitting thro a Mistake a
Performance of some Conditions in "their Constitution they are like to find Difficulty in
recovering the Rents of the School Lands; Praying that this Court would by their
Authority pass such Order as to secure the Estate of the said School

In Council ; Read and Ordered that John Quincy and John Otis Esq''" with such as the
Hon'''" House shall join be a Committee to hoar such of the Petitioners as are now attends,
and Inspect the Records relating to Ipswich School, now brought to Town by the Town
Clerk of Ipswich, and report what may be pi-oper for this Court to do thereon

In the House of Representatives ; Read and Concur'd ; And Col" Buckminster M'' James
Russell and Cap' Livermore are joined in the Affiiir." — Council Records, vol. XX.,]}. 84.

" September 13, 1753. John Quincy Esq'' from the Committee of both Houses on the
Petition of the Feoffees of Ipswhich School, gave in the following Report; viz.

The Committee appointed to consider the within Petition having met & heard one of
the Petitioners, and perused the Records relating to the School Lands in Ipswich, find the
Principal Part of those Lands were formerly Leased to John Coggcshall Dec''^ and his
Heirs and Assigns, who are now in Possession of the same, are therefore of Opinion that
the Petition be refer'd to the second Wednesday of the next Sitting of this Court, and that
in the mean time the Petitioners serve the said Coggeshalls Heirs with a Copy of the Peti-
tion, that they may have an Opportunity to give in their Reasons, if they see Cause, why
the Prayer thereof should not be granted. John QrixcY '^•' Order

In Council; Read and Accepted, and Ordered that the Consideration of this Petition be
refer'd to the next sitting of the Coui't, and that in the mean time the Pet'' serve the
within named Coggeshalls Heirs with a Copy of this Petition that so they may shew
Cause, if any they have why the Prayer thereof should not be granted In the House of
Representatives; Read and Concur'd." — Ibid., p. S6.

* The Assembly was prorogued to September 24. The historians here evidently con-
founded the date of the prorogation of Parliament with that of the Assembly.

952 Province Laws. — 1755-56. [Notes.]

" January 4, 1754. On the Petition of the Trustees of Ipswich School Lands

In Council ; Read again together with the Answer of the Heirs of John Coggshall and
Ordered that the Petition be recommitted to tlie same Committee to the same Committee
to hear the Parties and make Report to tliis Court as soon as may be, what tliey judge
proper to be done thereon. In tlie Hoilse of Representatives ; Read and Concur'd." —
Ibid., p. 139.

" January 5, 1754. The Committee on the Petition of the Trustees of Ipswich School
Lands gave in their Report

In Council; Read and Accepted, and Ordered that the Petitioners serve the Town of
Ipswich witli a Copy of this Petition, that they may shew Cause, if any they have, on the
first Tuesday of the next Sitting of this Court, why the Prayer thereof should not be

granted accordingly In the House of Representatives ; Read and Concur'd." — Ibid.,

p. 144.

" April 2ti 1754. On the Petition of the FeofFees of Ipswich School, Entcr'd

In Council; Read — again, together with the several Answers thereto. And Ordered that
Benjamin Lynde & John Chandler Esq" with such as the Honourable House of Repre-
sentatives shall join be a Committee to take the same under Consideration, & make Report

to this Court, what they judge proper to be done thereon, as soon as may be; In the

House of Representatives Read & Concur'd & M'' Lyman, Cpt Preble & Coll" Bradford
are joined in the Affair." — Ibid., p. 198.

" Att a Legall Meeting Of the Freeholder's & Others the Inhabitants of the Town of
Ipswich Jany 12'!' 1756. * * *

Voted That The Selectmen be a Comt«<= to Confer with the Feoffees upon the. Affair of
the School Rents & See whether Can Come to any Agreement About the Management of
said Rents and make Report att the Adjourn' of the Meeting —

Attest Samuel Rogers. T" Cler."

—Ipsioich town-records, vol. i, p. 153.

" Att a Meeting Of the Inhabitants of the Town of Ipswich By Adjourn' January 22'J 1756.

Coll'^ John Choate Esq. Moderator of the Meeting

* m » *

The Com'«« Appointed on the Twelfth Ins' to Confer with the Feoffees of the Grammar
School in Ipswich Respecting the Management of the School Rents Reported that they
had Agreed thereon and then the Town Came into the Following Vote. Viz'

Whereas the Town in Granting the School Farm att Chebbacco did not give those Per-
sons to whose Trust they Committed the Improvement of Said Farm a power to Appoint
Successors as the Private persons who Granted Lands in this Town for the Same use Did
as Appears by Examining the Respective Grant by which Means those Grants being
Differently Constituted and the Persons Intrusted by the Town as Afores'' being Long
Since Dead Endless Disputes may Arise between the Tolfn & Feoffees About the School
(to the Support of which the whole Income if needed is to be Applyed) Unless Relief be
had from the Generall Court and inasmuch as the Present Feoffees have Manifested there
Agreement Thereto

Voted That a joynt Application be made to the Great and Generall Court to Obtain an
Act if they See meet Fully ta Authorize and Impowcr the Present Four FeotTees and Such
Successors as they shall from time to time Appoint in then- Stead together with the Tliree
Edest Selectmen of this Town for the time being other than Such Selectman or men as
may att any time be of the Four Feeofecs To be A Committee in Trust the Major Part
of whom to Order the AfHiirs of the School Land & School Appoint the Schoolmaster from
time Demand Recieve and Apply the Incomes Agrcable to the True Intent of the Donors
No Feoffee hereafter to be Appointed by the Present Feoffees or by their Successors Other
than an Inhabitant of this Town and not to Act after he Removes his Dwelling out of it
and to have no moi'e than Four att one time And Least any Unforseen Inconvenience
may happen in this Method it is Agreed that the Act bo only made for Ten Years att
Fii-st. * * *

Attest Samuel Rogers T. Cler — ."

—Ibid.

" Att an Aniversary or Gen" Town Meeting of the Freeholders and others the Inhabitants
of the Town of Ipswich Began and held March 3'i 1761. and Continued by Adjourn' to
March lO'^ 1761. Ten' Clock A.m.

* * * *
Voted That the School Rights in Birch Island bush Hill Bartholmew hill and Chebacco

Woods and Laid out in Some other Estate that will be more Advantageous to the School
and that the Feoffees with the Selectmen Appoint some Sutable persons to make Applic"
to the Great and Gen' Court for Liberty of Selling the Lands afores>i.

* * * *
Pursuant to a Vote ofT;he Town Relative to the Sale of the School Rights, Att a Meeting

of the Feoffees of the School Lands in the Town of Ipswich together with the Selectmen
Voted That Daniel Appleton Esq President of the Feoffees Sign the within petition to the
Geni Court for the Sale of the Lands within mentioned as Appear by Said Petition on File
and that Jno Choate Esq be Desk-ed to Preferr the Same.

Attest. Samuel Rogers T. Cler."

—Ibid., p. 189.

" April 17, 1761. A Petition of Daniel Appleton Esq'' in the Name and behalf of the
FeofTces in trust for the Grammcr School in the Town of Ipswich Setting forth, That
among other donations for the encouraging of Learning in said Town there was a Right
of Commonage given them for that purpose, and when the Commons were divided this
Right was laid out in five distinct pieces and some of them 4 or 5 miles distant from
others, and one still lyes in Common with several other Rights, all which excepting one
at a place called Castle Neck Marshes rent but for six shillings a Year, and if obliged to be
fenced must bring the Town in debt. And praying leave to sell the other four peices viz'
that at Bush Hill, that at Bartholomew Hill, that at Birch Island and that at Chebacco

[Notes.] Province Laws. — 1755-56. 953

amounting: in the whole to twenty four Acres, and that the proceeds be laid out in other
Lands for the use of said School.

In the House of Representatives ; Voted that the Prayer of this Petition he so far granted
that Cap' Nathaniel Tredwell Treasurer of the said Feoffees be, and hereby is fully
authorized and impowered to make Sale of the four first mentioned pciccs or parts of said
Common Ptidit in said Petition viz' those called Bush hill, Bartholomew Hill, Birch
Island and Chebacco wood amounting in the whole to twenty four Acres for the most the
same will fetch and to make and execute a pood and sufflcient Deed or Deeds of Convey-
ance thereof and to apply the Monies arising by the Sale thereof under the direction of
said Feotfecs for purchasing Land at a place called Jeflfrys Neck in Ipswich for the use
and benefit of the Grammar School in Ipswich forever, the said Nathaniel Treadwell to be
accountable. In Council Read and Concurred Consented to by the Governor." — Coun-
cil Records, vol. XXIII., p. 743.

Chap. 27. " February 13, 17-56. The Two Houses have reassumed the Consideration
of further prosecuting an Expedition against the French Fort at Crown Point, & the other
Encroachments made upon his Majestys Territories adjacent, and they are willing in con-
junction with the other Governments to come into any reasonable measures for raising a
Sufficient Force for this Province — They have tried every method they could conceive of
to obtain an immediate Supply of Money for the Payment of the Wages of the Soldiers in
the last Expedition, but all to no purpose — whilst those Troops remain unpaid, they think
that any attempt for a new Enlistment would be altogether Fruitless : and indeed tiicy are
unaljlc to raise money even for the Bounty for such Enlistment —

We have all imaginable reason to depend on a Reimbursement from His Majesty but
untill H lie actually granted & received we cannot apply it to the Payment of the Debts We
have contracted, or to any future Service — Our dependence is upon your Excellency — If a
sufficient Sum can be advanced for the Payment of the Soldiers emplo.ved last Year, & for
a suital)lc Bounty to such Foi'ces as it shall be found necessary to employ the ensuing
year We will immediately proceed to the doing every thing requisite on our part towards
the raising such Forces ; but unless such Sum can be advanced, we are very sure that it
will be in vain to attempt it." — Message from both houses to the Governor, Council Records,
vol. XXL, p. 86.

"February 14, 1756. The Secretary delivered the following Message from His Excel-
lency to both Houses. Viz'

Gentlemen of the Council & House of Representatives :

It is of the utmost Importance that the great Affair under your Consideration should be
determined upon without delay, & prosecuted with the greatest Diligence & Vigour — That
I may not be the means of losing a Minutes time. I send you an immediate Answer to
your Message to me this Morning; and seeing Gentlemen that no other way can be found
for the Payment of the Men employed the last Year, and for the Bounty that will be
necessary upon a new Enlistment, except that of boiTowing from me I^Ioneys committed
to my Trust, for the Service of his Majesty's Forces, rather than there should be a fitilure,
or any further delay on the part of this Province I consent to Advance to you a Sum for
the Purposes you desire; Provided it shall not exceed Thirty Thousand Pounds Sterling
which is the most I am able to engage : I have no reason to think his Majesty ever
expected any part of the Money sent over would be employed in this manner; And altho
I doubt not when the necessity of this measure is properly represented that His 'Majestv
will approve of my Conduct, yet I think it proper that you should by an Act of the Gov-
eniment secure to me the Repayment of the Sum advanced out of the first INIoneys that
shall be granted either by His Majesty or the Parliament of Great Britain for the use of
this Province; And that in the same Act you make Provision for a Tax to be Levied in
the Years 1757. & 1758, for the whole sum borrowed, such Tax to be a Collateral Security
for the Repayment thereof, in case there should not l)e a Grant of Money, or that it should
not arrive here before those Years ; and that you enable the Province Treasurer to give
me a proper Receipt for the Money to be advanced.

I intreat you Gentlemen to lay aside all private Business & let this most Weighty &
interesting Affair take up your whole Attention." — Ibid., p. 89.

"February 25, 1756. The following Message was sent from the Board to the House of
Ilepresent^'^'s by Sir William Pepperell Bar' Jacob Wendell & Sylvanus Bourn Esq" —

The Board are fully of Opinion that the Prospect of Success in the proposed Expedition
very much depends on its being carried into Execution as early as possible; and that a
few days delay of any necessary measures may be the occasion of a fital Disappointment
This Consideration has Caused the Board to give all the dispatch in their Power to everj'
thing that has come before them relating to the Expedition ; and in a particular manner
the Bill for Supply of the Treasury was past on by the Board immediately on its being
sent from the Hon'j''^ House ; And the House by a ^iessage from the Board the 21^' instant
were informed that the said Bill was Engross'd, & only waited the Forma'ity of being
enacted, notwithstanding which it has not since been returned to the Board." — Ibid., p.
105.

" February 27, 1756. The following Message to the Board was sent from the House of
Representatives The House arc extreamly sensible of the Importance of the determined
Expedition and of the necessity of Dispatch in the measures conducing to it, and of the
immediate Payment of the Soldiers that served in the last Expedition, ami early prepared
Pass'd and sent to the Hon'^'*^' Board a Bill for the Supply of the Treasury for these Pur-
poses;— But observing after the Engrossing of it, some material Omissions which in the
Dispatch, had esca])cd them : and that the Enacting of it, was more than a Formality, they
have therefore prepared and Passed to be Engrossed another Supply Bill, with an Addi-
tional Grant, which they now send to the Honourable Board, and earnestly pray. their
immediate Attention to it." — Ibid., p. 110.

"This objection he [Shirley] obviated too, by an offer to lend the province thu^y thou-
120

95di Peovince Laws. — 1755-56. [Notes.]

sand pounds sterling, out of the monies which had been remitted for the Icing's troops, and
to rcpaj' himself out of the grant which it was expected parliament would mal;e to the
province for hxst year's charges; but with this caution, that an act of assembly should
pass for levying a tax in the years 17-57 and 1758, of thirty thousand pounds sterling, as a
collateral security, the act to have no effect if the grant should be before made by parlia-
ment.

Declarations made to serve political purposes oftentimes will not bear a strict scrutiny."
—Hutchinson's Hist. Mass., vol, 3, p. 45.

" July first 1756. * * *

During your Recess his Excellency the Governour has transmitted to me from Albany
several Letters froui the Right Hon''ie Henry Fox Esq"' one of his Majcstys Principal
Secretaries of State, containing divers Matters of great Importance which I am to lay
before you.

I am in the first Place to inform you that his Majesty in his great Goodness was pleased
to recommend to the consideration of the Parliament the Case of his Colonies in New Eng-
land together with those of New York & New Jersey, & the Sum of £150.000 Sterling
was thereupon granted, to be distributed in such Proportion as His Majesty shall think
proper." — Extract from speech of Lieutenant Governor Phips, to the Assembly. — Council
Records, vol. XXL, p. 221.

Chap. 28. " "We hear that the Distemper among the Dogs prevails in many Places in
this Province, as also to a great Degree in the Southern Colonies." — Boston Weekly Neios-
letter, March 4, 1756.

Chap. 30. " April 1^' 1756. A Petition of Samuel Grant of Boston Mercht Shewing
that he is fitting out a Vessell for Newfoundland, Pi'aying that he may lie allowed to
Export in her from hence Thirty Barrels of Beef In Council ; Read & Ordered tliat the
Prayer of the Petition be granted, and that the Petitioner have Liberty to Ship tlie Pro-
visions within mentioned aboard the Sloop Eagle John Dol)cl Master and the Commis-
sioner be & hereby is impowered & directed to take Bond of One Thousand Pounds
Sterling of the Petitioner for Landing the same at Newfoundland; And that the Chief
Officer of said Vessell at his Return make Oath that the said Provisions were actually
Landed there, & on his taking the said Oath the said Bonds to be Cancelled. In Coun-
cil ; Read & Concur'd Consented to by the Governour." — Council Records, vol. XXL,

p. 137.

" April 3, 1756. A Memorial of Joshua Winslow Escf of Boston Merchant shewing
that he is fitting out for a Voj'agc to Surinam the Brigantine Ordnance Packet Duncan
Ingraham Master, Pra}'ing that he may be permitted to Ship on Board said Vessell Sixty

Barrells of Flour, and Fifty Barrells of Beef In the House of Representatives; Read

& Ordered that the Prayer of the Petition be granted; And that the Petitioner have
Liberty to Ship the Provisions mentioned on board the Ordnance Packet Duncan Ingra-
ham Master, and that the Commissioner of Impost be and hercliy is impowered &
directed to take Bond of One Thousand Pounds Sterling of the Petitioner fiir Landing
the same at the Port of Surinam and that the Chief Officer of the said Vessell at his
Return make Oath that the said Provisions were actually Landed there & on his taking
the said Oath s^ Bond to be Cancelled In Council; Read & Concur'd — Consented to
by the Governour." — Ibid., p. 143.

"April 9,1756. A Petition of Henry Bromfield & Fortesque Vernon, Shewing that
they are Loading the Brigantine Pursue, for the West Indies, Praying that they may be

permitted to send a Quantity of Provisions as therein mentioned. In Council ; Read &

Ordered that the Prayer of this Petition be granted & that the Petitioners have Liberty to
Ship the Provisions mentioned on Board the Brigantine Pursue and that the Commissioner
of Impost be and hereby is directed & impowered to take Bond of One Thousand Pounds
Sterling of the Petitioners for Landing the same at the Port of Barbadoes and that the
Chief Officer of the said Vessell at his return make Oath that the said Provisions were
actually landed there, and on his taking the said Oath, the Bonds mentioned shall be

Cancelled. In the House of Representatives ; Read& Concur'd Consented to by the

Governour." — Ibid., p. 154.

" April 16, 175^). A Petition of Samuel Welles jun'' of Boston Merchant, shewing that
he hath a Schooner now Loading for Surrinam, Praying thnt he may be permitted to send
thither in said Vessell about One hundred Barrells of Provisions, he giving Bond at the
Impost Olfiee as usual— In the House of Representatives; Read & Ordered that the
Prayer of the Petition be granted, and that the Petitioner be allowed to Ship the Provi-
sions mentioned on Board the Schooner Neptune Thomas Harding Master, and that the
Commissioner of Impost 1)C and hereby is impowered & directed to take Bond of One
Thousand Pounds Sterling for Landing the same at the Port of Surrinam, and that the
Chief Officer of the said Vessell on iiis" return make Oath that the said Provisions have

been actually landed there, and thereupon that the said Bond be CanccU'd In Council ;

read & Concur'd— Consented to by the Governour." — Ibid., p. 169.

" April 20, 1756. A Petition of Timothy Fitch of Boston Merchant Shewing that he is
fitting out the Schooner Peggy Thomas Farrell Master, for a Voyage to the Bay of Hon-
duras praying that he may l)c permitted to Ship upon her a Quantity of Provisions par-
ticularly mentioned, for the use of the English there In the House of Representatives ;

Read & Ordered that the Prayer of this Petition be so f;ir granted, as that ihe Petitioner be
allowed to Ship the Provisions mention'd on Board the Schormcr Peggy Thomas Farrell
Master for the Bay of Honduras, and that the Commissioner of Impost be impowered &
directed to take Bonds of One Thousand Pounds Sterling of the Petitioner for Landing
the same at the said Bay, and that the Chief Commanding Officer of said Vessell at his
return make Oath that the said Provisions were landed there, and that on his taking said

Oath said Bonds to be cancelled In Council; read & Concur'd. Consented to by

the Governour." — Ihid., p. 176.

[Notes.] Peovixce Laws. — 1755-56. 955

" June 10, 1756. A Petition of John Aveiy of Boston Merchant Shewin,£r that he is
fitting out the Schooner Abigail Samuel Bhmt Master on a Voyage for the i3ay of Hon-
duras, & Praying that he may be permitted to Load on Board said Ycssell Seventy live
Barrels of Provisions for the iise of his Majesty's Subjects there In the House of Rep-
resentatives; Read & Ordered that the Prayer of the Petition be so far granted as that
the Petitioner be allowed to Ship the Seventy live Barrells of Provisions mentioned on
Board the Schooner Abigail, Samuel Blunt Master 8i that the Commissioner of Impost
be & hereby is impowered & directed to take Bond of the Petitioner in the Sum of One
Thousand Pounds Sterling that the said Provisions be Landed at the Bay of Honduras &
that the Chief Oflicer of the said Vc:^sell at his Return make Oath that tlie same was bona

fide landed there, and on his taking the said Oath the said Bonds to be Cancelled In

Council ; Read & Coucur'd Consented to by the Lieut. Govemour."

« « * «

A Petition of James Russell & John Noyes Merchants shewing that they are fitting out
the Schooner Boscawen Caleb Symmes Master to the Englif^h West Indies, praying that
they may be permitted to Load on Board said Vessell about Fifty Barrels of Pork,
which is suitable only for that Market. — In the House of Representatives ; Read &
Ordered that the Prayer of this Petition be so far granted as that the Petitioners be
allowed to Ship Fifty Barrells of Provisions mentioned on Board the Schooner Boscawen
Caleb Symmes Master, and that the Commiss"" of Impost be & hereby is impowered &
Directed to take Bond of the Petitioners in the Sum of One Thousand Pounds Sterling
for Landing the same at one or more of the English West India Islands, and that upon the
Chief Officer of the said Vessell on his return producing a certificate from some ofiicer of his
Majesty's Customs in said Islands respectively that tlie said Provisions have been landed

there, the said Bonds to be Cancelled In Council; Read & Concur'd Consented to

by the Lieuten' Govern'." — Iltid., pp. 214, 215.

" " By the Honourable Spencer Pliips Esq'' Lieutenant Governonr & Commander in
Chief, in & over Ills Majesty's Province of the Massachusetts Bay in New Eng^

A Proclamation.

Whereas the Great & General Court or Assembly of this Province at their Sitting held
by Adjournment the fourteenth Day of January last, pass'd an Act for preventing the
Exportation of Provisions & Warlike Stores out of this Province, wherein (among other
things) it is enacted, ' That if the Govemour or Commander in Chief for the Time being
shall see tit, with the Advice & Consent of the Council, to issue a Proclamation prohibit-
ing the Exportation of Provisions or Warlike Stores out of the Province for any Time
after the Twentieth day of June Instant; & not exceeding the Twentieth Day of
November following in this present Year, the Master and Owner or Owners, Factor &
Factors of any Vessel or Vessels on board of which such Provisions or Warlike Stores,
contrary to such Pi-oclamation, shall be respectively liable to the same Pains and Penalties
as if the same had been exported before the said Twentieth Da)' of June contrary to the
said Act.

I have thought fit, with the Advice & Consent of His Majesty's Council of this Prov-
ince, further to prohibit the Exportation of Provisions or Warlike Stores from any part of
this Province untill after the Twentieth Day of September next ; And all Persons con-
cerned are required to govern themselves accordingly.

Given at the Council Chamber in Boston, the Ninth Daj' of June 1756, In the Twenty
ninth Year of the Reign of Our Sovereign Lord George the Second, by the Grace of God,
of Great Britain, France & Ireland, King Defender of the Faith &c

By His Honour's Command with the
Advice & Consent of the Council S : Phips.

J. WiLLAKD Secry.

God save the King." — Records of Civil Commissions; in Secretart/'s
Office, vol. 2, p. 293.

"July 6, 1756. A Petition of Benjamin & Edward Davis of Boston Merch'^ Shewing
that they are fitting out the Brigantine Middleburg Richard Humphreys Master for the
Port of Esqueb near Surrinam; Praying that they may he permitted to send in the said
Vessell a Quantity of Provisions to that Place. In the House of Representatives; Read &
Ordered that the Prayer of the Petition be so for granted, and that the Petitioners have
Liberty to Ship the Provisions mentioned on Board the Brigantine Middleburg Richard
Humphreys Master & that the Commissioner of Impost be & he hereby is impowered &
directed to take Bond of One Thousand Pounds Sterling of the Petitioners for Landing
the same at the Port of Esqueb and that the Chief Ofllccr of the said Vessell at his return
make Oath that the said Provisions were Bona Fide landed there, & on his taking the said

Oath the said Bond shall ))e Cancelled— In Council ; Read & Conciu-d Consented to

by the Lieu' Govemour." — Council Records, vol. XXL, p. 227.

" August 21, 1756. A Petition of Thomas Boylstone of Boston Merchant Praying for Lib-
erty to Export in the Brigantine Dolphin Samuel Galloj) Master, & the Brigantine Rebecca
John Dorrington Master Provisions to Jamaica & the Bay of Honduras, upon his giving

Bond according to Law. In the House of Re)ircsenta"tives ; Read & Ordered that the

Prayer of the Petition lie granted, and that the Petitioner be allowed to Ship on Board
each of the Vessells within mentioned Two Hundred Barrells of Provisions, and the Com-
missioner of Impost is hereby Impowered & directed to take Bonds of the Petitioner in the
Sum of One Thousand Pounds Sterling for each Vessell, that the said Provisions shall be
delivered at the Island of Jamaica or the Bay of Honduras, and that the Chief Officer of
each of the said Vessells on their Return make Oath that the Provisions aforesaid were
Bona Fide were landed & disposed of at one of the Ports of Jamaica or the Bay of Hon-
duras; and upon their taking the said Oath the said Bonds shall be Cancelled. InCoun- .
cil ; Read & Concur'd. —

956 Province Laws. — 1755-56. [Notes.]

A Petition of Stephen Hall of Medford Esq'' Prajnng for Liberty to Export on Board the
Sloop a small Quantity of Provisions to Siiratiam, bcins Provisions most suitable

for that Market. In Council; Read & Ordered that the Prayer of the Petition be

granted & that the Petitioner be allowed to Ship on Board the said Sloop the Provisions
within mentioned and the Commissioner of Impost is hcrcliy Impowcred & directed to take
Bonds of the Petitioner in the Sum of One Thousand Pounds Sterling? that the said Pro-
visions shall be delivered at the Port of Suranam or in some English Island, and that the
Chief Officer of the said Vesscll on his return make Oath that the Provisions aforesaid
were Bona Fide landed as aforesaid; & upon his taking the said Oath the said Bonds

shall be Cancell'd In the House of Representatives; Read & Concur'd." — Ibid.,

j9/?. 250,251.

" Septeni'' 7, 1756. A Memorial of Henry Bromficld of Boston Merchant, Praying for
Liberty to Ship on Board the Schooner whereof Stephen Brown is IMaster bound for New-
foundland Fort.v Sheep for the particular Use of his Majesty's Garrison at St Johns at said
Island In the House of Representatives ; Read & Ordered that the Prayer of the Memo-
rial be granted, and that the Memorialist be allowed to put on Board said Schooner the
Forty Sheep mentioned, and that the Commissioner of Impost be & hereby is directed to
take Bond of the Memorialist in the Sum of Five Hundred Pounds Sterling tliat the
said Sheep shall be landed and delivered at Newfoundland, and that upon the Chief Offi-
cer of said Vcssell his producing at his Return a Certificate from some Chief OtHcer of his
Majestys Customs there, that the said Sheep were so landed & delivered the said Bond

shall be Cancelled In Council; Read & Concur'd— Consented to by the Governour."

— Ibid., p. 21 \.

" Scptcm'- 8, 1756. A Petition of Richard Upham praying for Liberty to Export in the
Schooner Merrimack now Loading for Halifax Twelve Head of Neat Cattle & Fifty Sheep,
the Petitioner ci ving Bond at the impost Office as usual. In the House of Pvcpresentatives ;
Read & Ordercdthatthe Prayer of the Petition lie granted, and that the Petitioner be allowed
> to Ship on Board the Schooner Merrimack Enoch Howard Master the Twelve Head of
Horned Cattle & Fifty Sheep mentioned in the Petition, and that the Commissioner of the
Impost be and he hereby is impowered and directed to take Bond of the Petitioner in the
Sum of Five Hundred Pounds Sterling that the Cattle & Sheep shall be landed & delivered
at the Port of Halifax, and that upon the Chief Officer of the said Vessell (at his Return)
his producing a Certificate from some Chief Officer of his Majestys Customs there, that the
said Cattle and Sheep were Landed & delivered at the said Port of Halifax, the said Bond

be Cancelled In Council; Read & Concur'd Consented to by the Governour."—

Ibid., p. ^-■i.

" By His Excellency William Shirley Esq'' Captain-General & Gover"* in Chief m & over
His Majesty's Province of the Massachusetts-Bay in New England, Vice-Admirall of the
Same, &c.

A Proclamation.

Whereas the Create & General Court or Assembly of this Province at their Setting held
* bv Adjournment the Fourteenth day of January last, pass'd an Act entitled. An Act for

preventing the Exportation of Provisions & warlike Stores out of this Province, wherein
(among oUier things) it is enacted, That if the Governour or Commander in Chief for the
Time being shall see fit, with the Advice & Consent of the Council, to issue a Proclama-
tion prohibiting the Exportation of Provisions or Warlike Stores out of the Province, for
anv Time after the Twentieth day of June, and not exceeding the Twentieth day of
November following in this present Year, the Master & Owner or Owners, Factor &
Factors of any Vessel or Vessels on board of which such Provisions or Warlike Stores
contrary to such Proclamation, shall be respectively liaole to the same Pains & Penalties,
as if the same had been exported before the said Twentieth day of June contrary to the
said Act. •

I have thought fit with the Advice & Consent of his Majesty's Council of this Province,
further to proliibit the exportation of Provisions or Warlike Stores from any part of this
Province, untill after the Twentieth Day of October next; And all persons conserned are
required to covern themselves accordingly.

Given at "the Council-Chamber in Boston the Seventeenth Day of Septem'' 1756. In
the Thirtieth Year of the Reign of our Sovereign Lord George the Second, by the Grace
of God, of Great Britain, France, & Ireland, King, Defender of the Faith &e.

By his Excellency's Command with
the Advice & Consent of the Council W Shirley.

J WiLLARD Secry . . .

God save the King." — Records of Civil Commissions; m Secretarrj s
Office, vol. 2, p. 309.

'' October 6, 1756. A Petition of Thomas Bovlstone of Boston Merchant Shewing that
he is fitting out the Ship Honduras Daniel Mc (l^arty Master on a Voyage for Jamaica &
the Bay of Honduras Praying that he mav be allowed to Ship on Board her a Quantity of
Provisions for the last mentioned Place. — ^In Council; Read & Ordered that the Prayer
of the Petition be so far granted as that the Petitioner be allowed to Ship the Provisions
within mentioned aboard said Ship he giving Bond to the Commissioner of Impost of One
Thousand Pounds Sterling to Land the said Provisions in the Island of Jamaica or the
Bay of Honduras, & upon Return of the said Ship the Chief Officer making Oath that the

said Provisions were bona fide Landed as abovesaid the said Bonds to lie Cancelled. In

the House of Representatives, Read & Concur'd Consented to by the Lieutenant Gov-
ernour."— Council Records, vol. XXI., p. 284.

" October 8, 1755. A Petition of John Hooton & Richard Hooton Praying to send to
Surinam in the Schooner Mary whereof Thomas Tufton is Master a Quantity of Provi-
sions particularly mentioned in the Petition. In Council ; Read & Ordered that the Prayer
of this Petition be so far granted, as that the Petitioners h.ave Liberty to Ship the Provi-
sions within mentioned aboard said Vessell, provided they give Bonds of One Thousand

[Notes.] Province Laws. — 1755-56. 957

Pounds Stcrlinsj to the CommissioTier of Impost to Land the same in said Port of Suri-
nam, And on tbe Return of the said Ycsscll if the Chief Officer shall make Oath that the
said Provisions were liona tide Landed in said Port of Surinam then the Bonds shall l)e

Cancelled In the House of Represeutatives Read & Concur'd Consented to by the

Licuten' Governour." — Ibid., p. 2.^6.

" By the Honourable Spencer Pbips Esq' Lieutenant Governour & Commander in Chief,
in & over his Majesty's Province of the Massachusetts Bay in New England.

A Proclamation.

Whereas the Great & General Court or Assembly of this Province at their Sitting held
by Adjournment the Fourteenth Day of January last, pass'd an Act entitled. An Act for
preveiiting the Exportation of Provisions and Warlike Stores out of this Province ; wherein
(among other things) it is enacted, ' That if the Governour or Commander in Chief for
the Time being shall see fit, with the Advice & Consent of the Council, to issue a Procla-
mation prohibiting the Exportation of Provisions or Warlike Stores out of the Province,
for any Time after the Twentieth Day of June, and not exceeding the Twentieth Day of
November following in this present Year, the Master and Owner or Owners, Factor &
Factors of any Vessel or Vessels on board of M'hich such Provisions or Warlike Stores,
contrary to such Proclamation, shall be respectively liable to the same Pains & Penalties,
as if the same had been exported before the said Twentieth Day of June contrary to the
said Act.'

I have thought fit, with the Advice & Consent of his Majesty's Council of this Province,
further to prohibit the Exportation of Provisions or Warlike Stores from any part of this
Province untill after the Twentieth Day of November next; And all Persons concerned
are required to govern themselves accordingly.

Given at the Council-Chamber in Boston, the Twentieth Day of October 1756, In the
Thirtieth Year of the Reign of our Sovereign Lord George the Second, by the Grace of
God of Great Britain, France & Ireland, King Defender of the Faith &c.

By His Honour's Command with the
Advice & Consent of the Council S : Phips.

J WiLLARD Secfy.

God save the King." — Records of Civil Commissions; in Secretary's
Office, vol. 2, p. 310.

Chap.Zl. " March 3, 1756. In the House of Representatives; Voted that John Quincy
& M'' William Cooper with such as the Honbie Board shall join be a Committee to Farm
out the Excise on Spirituous Liquors for the County of Suffolk, In Council Read & Con-
cur'd ; And Samuel Watts Esq' is joined in the Affair.— Consented to by the Governour."
— Coimeil Records, vol. XXL, p. 114.

On the same day the following persons were chosen committees to farm out the excise
for the respective counties hereafter named ; viz., —

Hemy Gibbs and Daniel Epes, Esqs., on the part of the House, and Benjamin Lynde,
Esq., on the part of the Council, for the county of Essex; —

Edmund Trowbridge and Samuel Livermore, Esqs., on the part of the House, and
Ezekiel Chever, Esq., on the part of the part of the Council, for the county of Middle-
sex ; —

Israel Williams and Elijah Williams, Esqs., on the part of the House, and Eleazer
Porter, Esq., on the part of the Council, for the county of Hampshire ; —

Thomas Steel and Timothy Payne, Esqs , on the part of the House, and Joseph Wilder,
Esq., on the part of the Council, for the county of Worcester ; —

Thomas Clap, Esq., and Mr. Israel Turner, on the part of the House, and John Gushing,
Esq., on the part of the Council, for the county of Plymouth ; —

James Otis and Rowland Cotton, Esqs., on the pari; of the House, and John Otis, Esq., on
the part of the Council, for the county of Barnstable ; —

Samuel , Esq., and Mr. Thomas Morey, on the part of the House, and George

Leonard, Esq., on the part of the Council, for the county of Bristol ; —

Mr. .John Bradbury and Edward Milliken Esq., on the part of the House, and Richard
Cutt, Esq., on the part of the Council, for the county of York ; —

James Otis and Roland Cotton, Esqs., on the part of the House, and Sylvaniis Bourn,
Esq., on the part of the Council, for the county of Dukes county ; —

Abishai Folger, Esq., and Mr. Richard Coflin, on the part of the House, and -,

on the part of the Council, for the county of Nantucket. — Ibid., pp. 114, 115.

April 2, 1756. Thomas Greenwood, Esq., instead of Samuel Livermore, Esq., for the
county of Middlesex, " who is absent in the Service of the Government." — Ibid., p. 142.

" April 16, 1756. The Committee for letting out to Farm the Excise on Spirituous Liq-
uors for' the County of Middlesex reported that they had let out the same to Braddyal
Smith of Weston for the Sum of £811. 4 8 for which they have taken Bond of him with
Sureties which they have Lodged in the Treasnr}', the Committees time & Expence
amounting to £2. 15. 6 — In the House of Representatives ; Read & Ordered that this
Report be accepted & that there be allowed and paid out of the Publick Treasury to the
said Committee the Sum of Two Pounds Fifteen Shillings & Six Pence in discharge of their
Accompt of time & Expences exhibited In Council ; Read & Concur'd — Consented to
by the Governour." — Ibid., p. 166.

The above report from the committee appointed to farm out the excise for Middlesex
County, was followed by reports from the committees for the other counties, and the dates
of these reports, together with the names of farmers of excise appointed by them, respect-
ively, are as follows : —

April 16, 1756. Suffolk county ; to William Coffin, for £32. 16.— Ibid., p. 168.

May 31, 1756. Plymouth county; to Josiah Keep, for £4\0.—Ibid., p. 190.

May 31, 1756. Worcester county; to Ezra Taylor, for £313. 12.— Ibid., p. 191.

958 Province Laws. — 1755-56. [Notes.]

May 31, 1756. Bristol county; to Joseph Joslyn, for £166. 13. i.—Ibid.
June 1, 1756. Hampshire county, to Elisha Pomroy, for £lGo — Ibid., p. 194.
June 1, 1756. Barnstable county ; to NathanacI Little, for £20i.— Ibid, p. 195.
June 1, 17.56. Nantucket county; to Thomas Arthur, for £35. 14. 8. — Ibid.
June 8, 1756. Essex county ; to Edward Harrington, for £UOS.— Ibid., p. 205.
July 3, 1756. York county ; to Capt.Ichal)od Goodwin, for £200.— Ibid. p. 226.
August 21, 1756. Dukes County ; to Nathaniel Little, for £35. — Ibid., p. 251.

Chap. 34. See note to chap. 35, post.

Chap. 35. " Decern'' 29, 1755. In the House of Representatives ; "Whereas a consider-
able Number of the Inhal)itants of Nova Scotia arrived here the Twenty Sixth instant,
toeing removed by the Governour & Council of that Province, for the Security thereof;
& no Provision being made for tlicir Support here, they are in great danger of Suffering
during tliis rigorous Season without the Interposition of this Court

Ordered, That M'' James Russell, M"^ Cooper, & M"" Hill, with such as the Hon^^i" Board
shall join be a Committee to provide for the Support of such Inhabitants of Nova Scotia,
untill Advice may be had from Governour Lawrence, & his Orders concerning them, or
until! there may be an Opportunity of Applying to His Excellency General Shirley Com-
mander in Chief of His Majestys iForces in North America for his Directions concerning
them. And the Coiliittee are to dispose of them in the mean time in such Towns in this
Province, as they shall judge least inconvenient to the Publick, and the Select Men, or
Overseers of the Poor of the several Towns to which they may l)e sent as aforesaid, are
hereby authorized & required to recieve them & employ or Support them in such manner
as shall incur the least Charge ; And the said Inhabitants of Nova Scotia being so received
& entertained in any Town shall not be Construed or understood to be an Admission of
thera as Town Inhabitants ; Tlie Court relying upon it that some other Provision will be
made for them, without any Expence to this Government.

In Council; Read & Concur'd; And Samuel Watts, & William Brattle Esq" are joined

in the Affair Consented to by the Lieutenant Governour." — Couticil Records, vol. XXL,

p. 51.

"January 16, 1756. A Message was sent down to the House by William Brattle Esqf
to inform them that since the rising of the last Court two Vessells are arrived here with In-
habitants of Nova Scotia, that the Committee appointed for the disposing of the said
Inhabitants, have been directed by His Honour the Lieutenant Governour with tlie Advice
of His Majestys Council, to dispose of those Inhabitants on board one of the said Ves-
sells, but they have rccicved no Orders respecting those aboard the other Vcsscll, And
therefore the Board desire the Honi^'" House would take the Matter under Consideration."
— Ibid., p. 56. _

"January 16, 17.56. In the House of Representatives; Ordered that the Comittee
appointed on the 27'" of December last to provide for the Subsistence of the Inhal)itants
of Nova Scotia sent here by Gov Lawrence be directed to take necessary Care of such of
the said Inhabitants as have since arrived here, until Govern"' Lawrences Orders, relating
to them be had, or till Application may be made to His Excellency General Shirley
for his Directions concerning them In "Council Read & Concur'd— Consented to by the
Lieutenant Governour." — Ibid., p. 56.

" January 23, 1756. In the House of Representatives ; Whereas a considerable Number
of the Inhabitants of Nova Scotia arrived here since the 27"' day of December last, being
removed by the Governour & Council of that Province for the Security thereof, And no
Provision being made for their Support they are in great danger of Suffering during the
Winter Season, without the Interposition of this Court. Ordered, That the Committee
already appointed on the 27"' day of Decern'' do Provide for the Support of such Inhabi-
tants of Nova Scotia, as have arrived since the 27'" day of December last, untill Advice
may be had from Col" Lawrence & his Orders concerning them or untill there may be an
Opportunity of applying to his Excellency Major General Shirley Commander in Chief of
His Majestys Forces in North America for his direction concerning said Inhabitants; and
the Committee are to dispose of them in the meantime (at their best discretion in such
Towns within this Province as they shall judge least inconvenient to the Publick & at the
least Charge ; Regard to be bad also as to the Taxes each Town pays, they are severally
sent to and to the Numbers which any of the Towns have already recicvcd; And the
Overseers of the Poor of the several Towns to which they are sent as aforesaid arc hereby
authorized and required to receive them, & employ & Support them in such manner as
shall incur the least Charge; And the said Inhabitants of Nova Scotia being so recieved
& entertained in any Town shall not be Construed or understood to be an Admission of
them as Inhabitants, nor shall they be at the Cliarge of any of the Towns they arc sent
to; This Court relying upon it that some other Provision will be Inade for them without
any Expence to this Government, And the Overseers of the Poor of the several Towns to
whom the said Inhabitants have been or shall l)e sent by this & the aforementioned Order
of the Court shall keep an exact Account of the necessary & unavoidable Charges they
have been or mav be at for their Support, until the Tenth day of April next, & shall trans-
mit the same to the Secretarys Office for Payment in Order to ascertain the Sums advanced
by this Government from time to time for the Service & Safety of Nova Scotia aforesaid

In Council; Read & Concur'd— Consented to by the Lieut. Governour." — Ibid., p. 61.

"February 4, 1756. In Council; Ordered That Sylvanus Bourn Joseph Pynchon,
Benj» Lincoln & William Brattle Esq'" with such as the Hon"''^ House shall appoint be a
Coifuttee to prepare a Message to His Excellency the Governour respecting the French
Persons commonly called theFrench Newtrals, lately Inhabitants of Nova Scotia & sent
hither by Order of His Majestys Governour of that Province ; the Committee to Sit &

report as soon as may be In the House of Representatives ; Read & Concurd ; & Col"

Quincy, Col-^ Clap, James Bowdoin, Col" Miller, Col« Lawrence & Col" Buckminster are
joined" in the Affair." — Ibid., p. 73.

[Notes.] Peovince Laws.— 1755-56. 959

"February?, 1756. * * »

We beg leave further to represent to Your Excellency that about three Months a^o a
Vessell arrived at Boston from Nova Scotia full Freighted with French Persons Inhabi-
tants of that Province, whom the Governour & Council there in Concert with the Admirals
of his Majcstys Squadron then at Hallifox, judged necessary to be removed and distrib-
uted thro liisMajestys several Colonics upon tlie Continent; His Honour the Lieu' Gov-
ernour with the Advice of the Council ; soon after the Arrival of the said Vcsscll sent to
M'' Green one of the Council of Nova Scotia then at Boston, & also the Agents emploj'cd
in hiring & paying the Charge of the Vcssclls in which the said Inhabitants were trans-
ported, to enquire whether any Provision was made for their Subsistence : But the said
M'' Green had received no Orders for that Purpose, and the Agents declined to continue
the Subsistence after the Passengers landed, so that unless Provision had been made by
this Government these unhappy People must have perished ; And upon Information given
that several other Vessells were designed hither the Lieutenant Governour acquainted
Governour Lawrence by Letters with the desire of the Two Houses that no more of said
Inhabitants should be sent to this Province; but it does not appear that the said Letter
arrived seasonably; and the other Vcssclls came in soon after; and about One Thousand
Persons in the whole have been Landed here ; Application could not be made to your
Excellency during your Absence; Therefore Orders were given to distribute the whole
Number thro the several Towns, there to be supported untill your Excellencys Return to
your Government —

The receiving among Us so great a Number of Persons whose gross Bigotry to the Ro-
man Catholick Religion is notorious & whose Loyalty to his Majesty [Louis XV.] is a
thing very disagreeable to Us, but as there seems to be a necessity for it We shall be ready
to come into any i-casonable Acts or Orders to enable & encourage them to provide for
their own Maintenance; We humbly conceive that it will never be expected that in the
meantime the Charge & Burthen of their Support should ly upon this Government — We
must acquaint Your Excellency, that the Live Stock, Husbandry Tools & most of the
Household Furniture of these People are left in the Province of Nova Scotia & that very
few have brought with them any Goods or Estate of any kind soever — In the Southern
Colonies where the Winters are more mild & Employments may be found so as to prevent
any great Expcnce to the Governments ; but here they are a dead weight, for many of our
own Inhabitants are scarcely able to find Employ sufficient to support themselves during
the Winter Season —

The Removal of the French Inhabitants from Nova Scotia seems to be as fully Con-
nected with the Protection & Safety of that Province, as the removal of the Encroach-
ments made by the Sulyects of the French King; And We doubt not Your Excellency
will think this matter comes under your immediate Care & direction in Consequence of
the Commission j'ou have lately received from his Majesty. Our other necessary &
unavoidable Charges are as much as We can bear; We therefore earnestly Pray your
Excellency to give such directions in this Aflair as that this Government may be freed
from any further Charge in Relation to it & reimbursed the Sums already advanced—

In Council; Read &"Accepted & Ordered that Jacob Wendell, Isaac Royall & Richard
Ciitt Esq" with such as the Honi^'o House shall appoint be a Committee to present the
same to his Excellency accordingly : — In the House of Representatives Read & Con-
cur'd, & Colo Cotton, Col" Clap, Col» Miller & Col" Dwight are joined with the Committee
of the Board to present the same to his Excellency." — Extract from Address to the Govern-
or, ibid., p. 80.

" February 14, 1756. * * *

With respect to the French Inhabitants sent hither from Nova Scotia which is the other
part of the Subject of your Address : you seem to think yourselves that it was a necessary
measure : I believe Governour Lawrence had no apprehensions that jt would occasion
any considerable Charge to this Province, or that it would be a disagrecaljle thing to have
those People sent here: I am sorry it is likely to prove so burthensome: I have it not
in my Power to Support them at the Charge of the Crown ; you have a great deal of En-
couragem' to depend on it that bis Majesty will not suffer any unreasonable Burthen to
Ij' upon any of his Colonics: I will make a full Representation Qf the State of this
Affair & in such a manner as that I hope you will receive a favourable Answer, and I
shall be ready to join with you in proper measures to enable & induce those Persons to
provide for their own Support & that of their Families." — Extract from Governor's answer
to the Address, ibid., p. 90.

" February 16, 1756. A Bill entitled an Act in Addition to & for Amendment of an Act
made the present Year of his Majcstys Reign entitled an Act making Provision for the
Inhabitants of Nova Scotia sent hither fromthat Government, lately arrived in this Prov-
ince In Council read a first & Second time and passed to be Engross'd." — Ibid , p. 92.

" February 25, 1756. In the House of Representatives; Ordered that Judge Russell,
Col" Otis and Cap' Livermore with such as the Hon'^'" Board shall join be a Committee to
take under Consideration the Bill pass'd this House, intitled an Act in Addition to an Act
made in the Twenty Ninth Year of his present Majesty's Reign making provision for the
Inhabitants of Nova Scotia &c'> and a Bill sent down "from the Ilon'^'"" Board entitled an
Act in Addition to & for Amendment of an Act made the present Year of his Majcstys
Reign, intitled an Act making Provision for the Inhabitants of Nova Scotia &c-'' — In
Council ; Read & Coneur'd, and Thomas Hutchinson & William Brattle Esq's are joined
in the Affair —

In the House of Representatives ; Ordered that the Committee appointed to Consider
the Two Bills making Provision for the Inhabitants lately sent hither from Nova Scotia
be directed to sit forthwith & report.— In Council; Read & Coneur'd."— Ibid., p. 106.

" April 20, 1756. A Petition of Joseph Mitchcl, one of the French Inhal)itants of Nova
Scotia now residing with his Family at Marshficld, complaining against John Little Esq^
& Seth Bryant Select Men of said Town for using himself & Family very 111, praying for
Relief from this Court.— In Council ; read & Ordered that Thomas Hutchinson & Benja-

960 Province Laws. — 1755-56. [Kotes.]

min Lincoln Esq" with such as the Honii'e House shall join be a Committee to inquire into
the matters of Fact mentioned in this Petition, and report as soon as may be what may

be proper to be done by this Court thereon In the Ilouse of Representatives ; read &

Concur'd; And Col" Quincy Mr Trowbridge and Mr Cooper are joined in the Affair."

* # * *

Report on the Petition of Joseph Mitchel Entered above —

The Committee appointed to take under Consideration the Petition of Joseph Mitchel
are unaJjle to make Inquiry into the Truth of the Facts mentioned before the Dissolution
of the Court, by reason of the distance of Place where they are alledged to have been
done, and therefore they are of Opinion that the Consideration of the Petition be referred
to the next Session of the Court, the Committee are further humbly of Opinion that the
Consideration of the Petition be referred to the next Session of the iUourt, the Committee
are further humbly of Opinion, that it would be acting very different from the intention
of the Legislature, if any of the Select Men of the Province should Cause any of the
Children of the French from Nova Scotia to be disposed of for any Sum of Jloncy or
other Consideration except for the immediate Use and Benefit of such Child or Children,
and that M'here any Child or Children are able and willing to Support themselves, or
where their Parents or Friends, will undertake for their Support, such Child or Children
ought not to be Separated from their Parents or Friends, and that the Select Men should
as far as may be consult the Inclination of the Parents & Children in the Service for which
any Children may be disposed of Thos Hutchinson per Order —

In Council ; read & Accepted & Ordered that the Select Men of the several Towns
where any French are placed govern themselves accordingly — In the House of Repre-
sentatives; read & Concur'd-^Consented to by the Govern"'." — Ibid. pp. 174, 175.

" April 21, 1756. In Council ; Whereas this Government hath already recieved more
than there Proportion of French Neutrals (so called) and besides the great Expence of
their Support they are in other respects very Burthensome to the Inhabitants of this
Province, and whereas there are some of his Majestys Colonies to which none of the
French Neutrals have been sent therefore — Voted that no Master of a Vessell having any
of said Fi'cnch Neutrals aboard presume to Land them in this Government without Leave
of the Governour & Council and that only in Case of Distress; and all Persons whom it
may concern are hereby strictly required to take Care that the Laws of this Province for
preventing Strangers or other Persons who are like to be a Charge to this Government be
put in Execution. In the House of Representatives ; Read & Concur'd." — Ibid , p. 178.

" May 28, 1756. The Committee appointed to consider & Report what is proper to be
done by this Court in relation to the French Families last imported into this Province
have attended that Service and would humbly propose that the said French Families be
allowed to remain in this Province, and to be distributed into the several Sea Port Towns
between Plymouth and Glocester, those Towns being included, and if any of those French
' People should hereafter be chargeable it should not be to the Towns where they reside,
but to this Province — All which'is humbly Submitted— By John Ct'shing per Order.

In the House of Represenfatives ; Read & Ordered that this Report be Accepted — In
Council; Read & Concur'd— Consented to by the Lieu* Govern'." — Ibid., p. 187-

" June 10, 1756. An Order was passed in Council, referring to the managing & employ-
ing of the French Inhabitants of Nova Scotia in the several Towns, Which being sent
down was Non Concur'd by the House.

■In the House of Representatives ; It being found by Experience that the frequent
Travelling & passing between Town & Town of many of the French People (lately dis-
persed thro this Province by Order of the General Court) hath been attended with con-
siderable Inconveniencics & may be productive of greater. Therefore Ordered & directed
that the Select Men & Overseers of the Poor be very Careful 1 to keep the French People
from Idling & Wandring about, and none of that People shall be permitted to travel from
Town to Town without leave first obtained of Two of the Select Men or Overseers of the
Poor Avhere they respectively belong, of which such People shall produce Certificate or
otherwise they shall be stopped & turned back by any Two English Householders who
are hereby impowered to examine them & Stop or return them, if they have not Excuse
as above In Council; Read & Concur'd— Consented to by the Lieuten' Govern'."—
Ibid., p. 216. •

" August 17, 1756. In the House of Representatives Whereas there is lately brought
into this Town by John Gorham Esq' Sheriff of the County of Barnstable & Barnabas
Gibbs, a Number of French People being Ninety Nine in the whole that were sent from
Nova Scotia to Georgia, and some other Southern Governments who were in their way
back to Nova Scotia, Therefore

Voted that said French People be committed to the Sheriff of the County of Suffolk
untill the further Order of this Court, and that said Gorham & Gibbs be discharged from
any further Care of them ; And that also the said Sheriff of the County of Suffolk be
directed to cause strict Search to be made after any Papers the said People may have in
their Possession & to Secure the same in' Order to their being delivered to a Committee of

this Court In Council ; Read & Concur'd— Consented to by the Governour." — Ibid.,

p. 245.

" August 25, 1756. Report on the Affairs of the late French Inhabitants of Nova
Scotia — viz'

The Committee appointed to consider what further may be necessary to be done with
regard to the French Inhabitants of Nova Scotia who are now in the Province humljly
Report as their Opinion, that those of them now in the Town of Boston, & under the Care
of the Overseers of said Town amounting as We are informed to Eighty Four Persons, be
forthwith moved from Boston, and distributed as near as may be among the Towns men-
tioned at the Foot of this Report ; One or Two, more or less in each of said Towns, as
shall best accommodate the French Families themselves, and that the Sheriffs of the
County of Suffolk & Middlesex be directed to cause the said French Persons to be as
soon as may be removed to said Towns respectively, and that the Select Men of said

[Notes.] Province Laws. — 1755-56. 961

Towns he directed to receive them accordinjjly ; & in all Things concerning them to
Govern themselves, by the Laws & Orders of tliis Court making Pi-ovision for the Inhab-
itants sent hither from that Government, and the Committee are further of Opinion that
as Hanover lias Nine & Pcmbrook but Five of the said Inhabitants, that Three of those

at Hanover be removed to Pcmbrook The Committee are further of Opinion that the

Select Men of the several Towns where any of those French People are or may be placed
be directed to assist them in procuring Employment at such Rates as they shall judge
reasonable, and if thr6 want of Employment or thr6 want of Ability any of them cant
Earn a Support for themselves & Families the Select Men be directed to afiford them such
Releif as may l)e necessary for their comfortable Subsistence, in the same manner as if
they had been proper Inhabitants of this Province & exhiljit their respective Accounts of
Disbursement into the Secrctarys OfHce as occasion shall require,

Which is Humbly Submitted — John Greenleaf.

Names of the Towns aljove referred to, with the Number of Persons respectively
assigned to them, viz' Cambridge Ten, Walpole Five, Topsfield Five, Middleton Five,
Westford Five, Sherburn Five, Littleton Five, Bedford Five, Tewksbury Four, — Brookficld
Eight— Southliorough Six— Grafton Six— Bellingham Four— Dunstable Four— West-
borough Three —

In Council ; Read & Accepted & Ordered that the French People therein mentioned be
disposed of accordingly In the House of Representatives ; Read & Concur'd Con-
sented to by the Governour." — Ibid., p. 255.

Chap. 36. " Februa 19, 1756. In the House of Representatives ; Voted that there be a
Committee consisting of Five Persons appointed to provide Provisions, Warlike Stores,
and other Things requisite for carrying on the proposed Expedition against Crown Point,

so far as may be necessary on the part of this Government And that M'' Speaker, M'

James Russell, & Stephen Hall Esq"^ with such, as the HonW« Board shall join be ilie said
Committee, any three of whom to be a Quorum— In Council ; Read & Concur'd ; And John

Osborne & Samuel Watts Esq'' are joined in the Affair Consented to by the Governour."

— Cotincil Records, vol. XXI., p. 95.

" February ■24'h 1756. In the House of Representatives ; Voted that three Gentlemen be
appointed as a Committee of War to reside at or near Albany, and to follow such Instruc-
tions as they shall receive from this Court, for the more effectual carrying into Execution
the intended Expedition against Crown Point, the said Gentlemen to be chosen by joint
Ballot with the hon'^'" Board. In Council; Read & Concur'd." — Ibid., p. 105.

"February 25, 1756. The Two Houses according to agreement proceeded to the Elec-
tion by joint Ballot, of three Gentlemen to be a Committee of War to reside at Albany, &=«.
And John Choat Josiah D wight & John Murray Esq" were duly elected, to that Trust by
the Major Vote of the Council & House of Representatives ; To which the Governour
Signed his Consent." — Ibid., p. 105.

" March 8, 1756. In the House of Representatives ; Whereas two of the Gentlemen
lately Chosen to reside at or near Albany for the more effectual carrying on the intended
Expedition against Crown Point have declined that Service, and John Choat Esq"' the other
Gentleman then Chosen, having signified that he cannot attend thereon before the beginning
of April, which it is apprehended will be too late — Therefore — Voted that Oliver Partridge,
John Whetcomb, John Ashley, Elisha Williams & John Leach Esq" be a Committee to
reside at Albany or Parts adjacent, and to repair thither as soon as may be, to take care
of the Transportation of Provisions and other stores for the use of the Forces of this Prov-
ince, proposed to be raised for the said intended Expedition, The said Committee to con-
form to such Instructions as they shall receive from this Court — In Council ; Read & Non
Concur'd." — Ibid., p. 121.

" March 8, 1756. Divers Messages passed between the Council & House of Represent-
atives respecting the manner of Electing & appointing the Gentlemen to be a Committee
of War to reside at or near Albany ; but nothing agreed upon by both Houses in that
Affair."— Ibid., p 123.

" March 9'^ 1756. Voted that John Whetcomb Esq' & Mr John Foye with such as the
Hon*"" House shall join be a Committee to reside at Albany or Parts adjacent & repair
thither as soon as may be to take Care of the Transportation of the Provisions and other
Stores for the Use of the Forces of this Province proposed to be raised for the said intended
Expedition ; the said Committee to Conform themselves to such Instructions as they shall
receive from this Court. In the House of Representatives; Read & Concur'd; And
Oliver Partridge John Ashley & John Leach Esq" are joined in the Alfair — Consented to
by the Governour." — Ibid., p. 124.

Chap. 37. "May 31, 1756. The Committee for Letting out to Farm the Excise on
Spirituous Liquors in the County of Plymouth reported that they had agi-eed » * *
for the Excise from the Twenty Sixth of December last to the Twenty Sixth of March
last with Joseph Joslyn for £113. and taken Bonds' * * with Sureties, which they have
Lodged in the Treasury their Account amounting to £4. 13. 8— In the House of Repre-
sentatives ; Read & Ordered that this Report be'accepted, & that there be allowed & paid
out of the Publick Treasury, the Sum of Four Pounds thirteen Shillings & Eight Pence to
the said Committee to discharge their Account of Time & Expence exhibited.— in Coun-
cil ; Read & Concur'd Consented to by the Governour."— CownctV Records, vol. XXL,

p. 190.

The above report from the committee appointed to farm out the excise for Plymouth
county, was followed by reports from the committees for the other counties, and the dates
of these reports together with the names of farmers of excise appointed by them, respect-
ively, are as follows : —

May 31, 1756. Worcester county ; to Ezra Taylor, for £78. 8.— Ibid., p. 191.

121

962 Peovince Laws. — 1755-56. [Notes.]

May 31, 1756. Bristol county; to Joseph Joslyn, for £33. 6. I.— Ibid.

June 1, 1756. Hampshire county ; to Elisha Pomroy, for £20. — Ibid., p. 194.

June 1, 1756. Barnstable county; to Nathanael Little, for £57. W.— Ibid., p. 195.

June 1, 1756. Nantucket county; to Thomas Arthur, for £7. 9. i.—Ibid.

June 8, 1756. Essex county ; to Edward Ilarrimrton, for £SOO.~Ibid., p. 205.

July 3, 1756. York county ; to Capt. Ichabod Goodwin, for £47. 10.— Ibid., p. 226.

Chap. 38. " This Act is submitted to Your Lordshipps how far it is fitting to have thia
Exemption." — Report of Sir Matthew Lamb: Mass. Bay, B. T., vol. 75., /. i., 5, m Public-
record Office.

Chap. 40. "March 5* 1756. In the House of Representatives March 4*'^ 1756 In
Answer to His Excellencys Message of Yesterday — Voted, notwithstanding this Court
are fully sensible that the Number of Three Thousand M^n exclusive of officers already
ordered by this Government to be employed on the intended Expedition against Crown
Point is the full proportion of this Government considering the Numbers of this and the
other Governments who it is depended on will join in said Expedition & much more than
their proportion considering the very extended Frontiers of the Massachusetts Government,
which said Government are obliged to defend at this time, without any Aid from any
other Governments, who are Covered & defended by this Province, Yet considering of
how great Importance it is to his Majesty's Governments that the proposed Expedition be
carried into Execution ; and being heartily desirous to Encourage the Service ; agree-
That the Number already Ordered by this Government to be raised for said .Expedition be
augmented to the Number of Thirty five hundred Men, inclusive of Officers ; Provided
always that the Governments of Rhode Island and New Hampshire who have not yet
Certified this Government that they will join in the proposed Expedition shall agree to
join the Forces of this & the Governments of Connecticut and New York with the Num-
ber of One Thousand each, and the same be made known & Certified from said Rhode
Island & New Hampshire to this Government; And that no beating Orders be given
nor Moneys granted out of the Treasury for raising the abovesaid Augmentation or any
part of it, till the said Governments of Rhode Island & New Hampshire respectively
shall have agi-eed to raise & send on the said Expedition the Number of One Thousand

each, & the same be properly Certified to this Government. The said Augmentation to

be of Private Men, & when raised to be proportioned to the several Regiments & Com-
panies already agreed to be raised In Council ; Read & Concur'd Consented to by

the Governour." — Council Records, col. XXL, p. 118.

" April 19 1756. In the House of Representatives ; Ordered that M' Gridley M"^ Will-
iam Bowdoin & CoI° Quincy with such as the Hon^ii* Board shall join be a Committee to
consider what is proper to be done by this Court with regard to Articles of War, and a
Court Martial in the Army now raising for the intended Expedition against Crown Point
—In Council read & Concur'd; and John Cushing & Sylvanus Bourn Esq" are joined
in the Affau*." —

«, ■ ' * * *

The Committee appointed to consider what is proper to be done with regard to the Gov-
ernment of the Army in the intended Expedition against Crown Point beg leave to report,
that a Regimental & general Court Martial be appointed in the Army, and that for this
purpose, it be Enacted by this Court that the Commission Officers of every Regiment
may by the Appointment of their Colonel or Commanding Officer hold a Regimental
Court Martial for Inflicting such Corporal Punishments as the Neglect of Duty, Disorders
in Quarters, or other such "Crimes may deserve, which Regimental Court shall not consist
of less than Five Commission Officers of which Two to be Captains, and the Judgment to
be by them given shall be according to the Plurality of Voices ; and the Sentence shall not
be put in Execution untill the Officer commanding the Regiment has confirmed and
approved the same. And that it be likewise Enacted that there be a General Court Martial,
•which shall not consist of less than Thirteen Conmiission Officers under the Oath of
Office, of which Seven to be field Officers, the President not to be under the degree of a
Field Officer and the Sentence of this Court not to be put in Execution till Report be made
of the whole Proceedings to the General Commanding in Chief, and his Directions signi-
fied thereon, and that a Bill be lirought in accordingly & that the other Governments con-
cerned in this Expedition be notified of this Act, and be desired to make like Provision for
the Government of their several Forces in this Army
All which is humbly Submitted By John Cushing per Order

In Council— Read & Accepted— In the House of Representatives; Read & Con-
cur'd ; and Ordered that the said Committee prepare and bring in a Bill accordingly.
In Council ; Read & Concur'd." — Ibid., pp. 172, 173.

" April 20, 1756. A Bill entitled an Act for the Government of the Forces in the Expe-
dition intended against Crown Point— Having been read three times in the House of Rep-
resentatives, and there passed to be Engrossed— In Council; read a First & Second time
and passed a Concurrence."— /fi/rf., p. 175.

The following is a copy of the engrossment of this Bill. As the province seal seems
never to have been impressed upon the parchment as required by the charter, it is to be
presumed that, for some reason, this act was purposely left incomplete, since it is hardly
possible it could have been intentionally omitted from the list transmitted to the Privy
Council, or have failed, either by accident or design, to have been included in any contem-
porary list or collection of the acts of the session in which it was passed. It is not unlikely
that after signing the bill the Governor was convinced that this subject was properly within
the exclusive province of the commander-in-chief whose forces were to be chiefly
employed out of the provincial territory, and whose management of the army could not be
controlled by regulations established by the legislatures of the respective colonies that had
ordered levies for the army.

[Notes.] Province Laws. — 1755-56. 963

" Anno Regni Regis Georgii

Secundi vicesimo nono.

An Act for the Government of the Forces in the Expedition intended against Crown
Point

Whereas this Government has levied & is now levying Forces for an Expedition against
Crown Point, for the better Government of them therefore,

Be it Enacted by the Goveniour Council & House of Representatives, That the Com-
mission Officers of every Regiment in said Forces may by the Appointm' of their Colonel
or Commanding Officer hold a Regimental Court Martial for inflicting such Corporal
Punishm's as the Neglect of Duty, Disorders in Quarters or other such Crimes may
deserve, which Regimental Court Martial shall not consist of less than five Commission
Officers, two of whom shall not be under the Degree of Captains, and the Judgment to be
by them given shall be according to the Plurality of Voices, & the Sentence shall not be
put in Execution 'till the Officer commanding the Regiment has confirm'd & approved the
same.

And be it further enacted, That there be a General Court Martial which shall not con-
sist of less than thirteen Commiss" Officers in said Army under the Oath of Office, seven
of whom shall be Field Officers and that the Sentence of this Court shall not be put in
Execution 'till Report be made of the whole Proceedings to the General Commanding in
Chief & his Directions be signified thereupon.

April 2l8t 1756 This Bill having been read three several times in the House of Repre-
sentees pass'd to be Enacted. T. Hubbard Spk""

April 21^' 1756 This Bill having been read three several times in Council. Pass'd to

be Enacted. J Willaed SeQy.

1756 By His Excellency the Governour I Consent to the Enacting of this Bill.

Published 22 day April 1756."

ACTS,

Passed i 756 — 5 7.

[965]

ACTS

Passed at the Session begun and held at Boston,
ON the Twenty-sixth day of May, A. D. 1756.

CHAPTEK 1.

AN ACT FOR THE SUPPLY OF THE TREASURY WITH THE SUM OF THREE
THOUSAND AND SIX POUNDS THIRTEEN SHILLINGS AND FOURPENCE,
AND FOR DRAWING THE SAME INTO THE TREASURY AGAIN; ALSO
FOR APPORTIONING AND ASSESSING A TAX OF FIFTY-FIVE THOUSAND
FIVE HUNDRED AND SIX POUNDS THIRTEEN SHILLINGS AND FOUR-
PENCE, AND ALSO FOR APPORTIONING AND ASSESSING A FURTHER
TAX OF THREE THOUSAND ONE HUNDRED AND NINETY-THREE
POUNDS EIGHTEEN SHILLINGS, PAID THE REPRESENTATIVES FOR
THEIR SERVICE AND ATTENDANCE IN THE GREAT AND GENERAL
COURT, AND TRAVEL: WHICH SUMS AMOUNT, IN THE WHOLE, TO
FIFTY-EIGHT THOUSAND SEVEN HUNDRED POUNDS ELEVEN SHIL-
LINGS AND FOURPENCE.

Whereas the great and general court or assembly of this province
did, at their session in March, one thousand seven hundred and fift^'-five, 1754.55, chap. 32,
pass an act for levying a tax of five thousand six hundred pounds ; and in fyl^.sg ^jj^^p 4
June following, another act for levying a further tax of thirty-six thousand § 7.
pounds ; and in October following, another act for levying a tax of five 1755.56, chap, is,
thousand six hundred pounds ; and in March last another act for levy- 1755.56, chap. 29,
ing a tax of six thousand pounds ; and by said acts provision was § 4-
made that the general court, at this present session, might apportion
the same on the several towns and districts within the province, if they
thought fit ; wherefore, for the ordering, directing and effectual drawing
in the sum of fifty-eight thousand seven hundred pounds eleven shil-
lings and fourpence, pursuant to the funds and grants aforesaid, into the
treasury; we, his majesty's most 103'al and dutiful subjects, the repre-
sentatives in general court assembled, pray that it may be enacted, —

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

[Sect. 1.] That each town and district within this province be as-
sessed and pay, as such town and district's proportion of the sum of
fifty-five thousand five hundred and six pounds thirteen shillings and
fourpence (and their representatives' pay, the sum of three thousand
one hundred and ninety -three pounds eighteen shillings) , the several sums
following ; that is to say, —

[967]

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Province Laws. — 1756-57.

[Chap. 1.]

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[1st Sess.] Province Laws. — 1756-57.

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Province Laws. — 1756-57.

[Chap. 1.]

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976 Province Laws.— 1756-57. [Chap. 1.]

And be it further enacted,

[Sect. 2.] That the treasurer do forthwith send out his warrants,
Rules for assess- directed to the selectmen or assessors of each town or district within
ment. this province, requiring them, respectivel}^ to assess the sum hereby

set upon such town or district, in manner following ; that is to say, to
assess all rateable polls above the age of sixteen j'ears, within their
respective towns or districts, or next adjo[y][i]ning to them, belong-
ing to no other town, [at] nine shillings per poll, and proportionabl}^ in
assessing the additional sum received out of the treasury for the pay-
ment of the representatives (excepting the governo[u]r, the lieutenant-
governo[u]r and their families, the president, fellows, professors and
students of Harvard College, settled 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 ; as also all the estate pertaining to
Harvard College) ; and other persons, if such there be, who, thro' [ugh]
age, infirmity or extreme poverty, in the judgment of the assessors,
are not able 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 their general sessions, in the respect-
ive counties assembled, in granting a count}" tax or assessment, are
hereby ordered and directed to apportion the same on the several towns
and districts in such county in proportion to their province rate, exclu-
sive of what hath been paid out of the publick treasury to the
representatives of each 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 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 whatso-
ever, and all profits which shall or may arise by money or other estate
not particularly otherwise assessed, or commissions of profit in their
improvement, according to their understanding or 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 assessment, to estimate houses
and lands at six years' income of the yearly rents 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 upon such houses
and lands ; and to estimate negro, Indian and molatto servants pro-
portionably as other personal estate, according to their sound judg-
ment and discretion ; as also to estimate every ox of four years old
and upwards, at forty shillings ; every cow of three years old
and upwards, at thirty shillings ; every horse and mare [at] [o/]
three years old and upwards, at forty shillings ; every swine of one
year old and upwards, at eight shillings ; goats and sheep of one year
old, at three shillings each : likewise requiring the said assessors to
make a fair list of the said assessment, setting forth, in distinct col-
umns, against each particular person's name, how 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 if as
guardian, or for any estate in his or her improvement, in trust, to be
distinctly expressed ; and the list or lists, so perfected and signed
by them, or the major part of them, to commit to the collectors, con-

[1st Sess.] Province Laws. — 1756-57. 977

stable or constables of such town or district, and to return a certificate
of the name or names of such collector, constable or constables, with
the sum total to each of them committed, unto himself, some time
before the last day of October next.

[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, or 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, and to pay in their
collection, and issue the acco[un][7?ij:>]ts of the whole, at or before
the thirt3--first day of March next, which will be in the year of our
Lord one thousand seven hundred and fifty-seven.

Ajid be it further enacted,

[Sect. 5.] That the assessors of each town or district, respectively, inhabitants to
in convenient time before their making the assessment, shall give season- i>.i'nar in « nut
able warning to the inhabitants, in a town meeting, or by posting up poiia, &c!"^
notifications in some place or places in such town or district, or notify
the inhabitants some other way to give or bring in to the assessors
true and perfect lists of their polls, rateable estate, and income by
trade or facult}^, and gain by money at interest, which they are to ren-
der to the assessors on oath, if required ; and if they refuse to give in
an account of the money at interest, on oath, the assessors are im-
powered , to doom them ; 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, agreable 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, in 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 col-
lectors or constables, in manner as is directed for gathering town
assessments, 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
a list of their estates as aforesaid to the assessors, he or they so
neglecting shall not be admitted to make application to the court of
general sessions for anj^ abatement of the assessment laid on him.

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

And forasimich as, oftentimes, 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 de-
livered to the constable or collectors, and, before the next year's assess-
ment, are gone out of the province, and so pay nothing towards the
support of the government, though, in the time of their residuig here,
they reaped considerable gain by trade, and had the protection of the
government, —

Be it further enacted,

[Sect. 7.] That w-hen any such person or persons, shall come and Transient trad,
reside in any town within this province, and bring -an}' merchandize ^" *° ^^ ■"""■**•
123

978

Province Laws. — 1756-57.

[Chap. 2.]

Merchants, &c.,
to be rated for
carrying on
trade In any
other town be-
side where they
dwell.

Selectmen to
transmit a list of
such persons
before they are
rated.

Supply of
£3,006 13.S. 4d.
for future pub-
lic debts.

Inhabitants of
Boston remov-
ing to any other
town, and re-
turning again
the same year,
to pay the tax
in Boston.

and trade to deal therewith, the assessors of such town are hereby im-
powered to rate and assess all such persons, according to their circum-
stances, pursuant to the rules and directions in this act provided,
tho'[ugh] the former rate may have been finished, and the new one not
perfected, as aforesaid.

And be it further enacted,

[Sect. 8.] That when any merchant, trader or factor, inhabitant of
some one town within this province, or of any other province, shall
traffic or carry on any trade or business, or set up a store 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, traders and factors, their goods
and merchandize, for cariying on such trade and business and exercis-
ing their faculty in such town, pursuant to the rules and directions of this
act: provided before any such assessors shall rate such persons as
afore mentioned, the selectmen of the town where such trade is carried
on, shall transmit a list of such persons as they shall judge may and
ought to be rated, within the intent of this act, to the assessors of such
town or district.

[Sect. 9.] And the constables or collectors are hereby enjoy ned to
levy and collect all such sums committed to them, and assessed on per-
sons who are not of this province, or are residents in other towns than
those where they carry on their trade, and pay the same.

And be it further enacted,

[Sect. 10.] That the sum of three thousand and six pounds thirteen
shillings and fourpence, part of the aforesaid tax, not appropriated in
any supply bill for the payment of the publick debts, shall be and re-
main as a stock in the treasur}-, subject to the future orders of this
court, and be employed for the payment of the public[k] debts, as this
court shall hereafter direct.

And whereas it hath been the practice of some of the inhabitants of
the town of Boston to remove to some other town in this province, and
there reside for some months, to avoid paying their part of the taxes in
the town of Boston, to which they really belong, to the great injury of
said town, —

Be it therefore enacted,

[Sect. 11.] That when anj' inhabitant [s] of the town of Boston
shall remove to an}' other town in this province, and shall, in one year
after, remove back to said Boston, and shall have been taxed in said
town, he shall be subject to pay said taxes, in like manner as he would
have been had he not removed from said Boston : saving so much as he
shall be taxed in the town removed to, anything in this act to the con-
trary notwitstanding. \_Passed June 8 ; published June 10.*

CHAPTER 2.

AN ACT IN ADDITION TO THE ACT FOR ENQUIRING INTO THE RATE-
ABLE ESTATES OF THE PROVINCE.

Preamble. Whereas In and by an act made in the present year of his maj[es]-

1755-56, chap. 44. ty's reign, intitled " An Act for [i] [e]nquiring into the rateable estates
of the province," the assessors of each town and district in this prov-
ince, that were chosen in the year one thousand seven hundred and fifty-

* On one sheet of the engrossment this date is given as June 17, 1756.

[1st Sess.] Province Laws. — 1756-57. 979

five, were required, on oath, to transmit into the secretary's office a copy
of the list and vakiation of estates, by the last Wednesday of May, one
thousand seven hundred and fifty-six, on penalty of five pounds ; but,
by reason of the shortness of the time between the making and pub-
lishmg said act and the said last Wednesday of May, the assessors in
divers towns and districts of the province did not, as this court have
been well informed, obtain the knowledge of said act, and have not
been able to comply with the order and duty enjoyned, and yet are ex-
posed to the penalty therein mentioned, —

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

[Sect. 1.] That such assessors of the several towns and districts as Assessors not
have failed of returning a list by the said last Wednesday in May, as tfo" uststat*^"*'
by said act required, shall not be subjected to the penalty of five pounds, ^^^< indemni-
or any part thereof ; anything in the said act to the contrary notwith-
standing.

And he it further enacted,

[Sect. 2.] That the assessors of the several towns and districts in Further time
this province, that were chosen in the j'ear one thousand seven hundred """""""
and fifty-five, shall, by the last Wednesday of December, one thousand
seven hundred and fifty-six, on oath, transmit into the secretary's office
a true and perfect copy of the list and valuation of estates by which
they made the province taxes in their particular towns and districts,
for the year one thousand seven hundred and fifty-five, and also a true
copy of the rate-bill of the province tax in the year one thousand seven
hundred and fifty-five, on penalty that each assessor neglecting his duty
therein shall forfeit and pay the sum of five pounds ; such penalty to
be recovered and applied as by 'said act was provided. \_Passed June
3 ; * published June lO.f

allowed.

CHAPTER 3.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF FIFTY-
EIGHT THOUSAND POUNDS, TO BE THENCE ISSUED FOR DISCHARGING
THE PUBLIC [K] DEBTS, AND DRAWING THE SAME INTO THE TREAS-
URY AGAIN.

Whekeas no provision is made by this court to discharge the debts Preamble.
of the government for the ensuing year ; and whereas the provision
already made to defr[a][e]y the expence of the Crown-Point expedi-
tion will be insufficient, —

Be it enacted by the Lieutenant-Governour, Council and House of
Represent [ait] ws,

[Sect. 1.] That the treasurer of the province be and he hereby is Treasurer em.
impowered and directed to borrow, from such person or persons as shall Jw £58,000.*^°'"
be willing to lend the same, a sum not exceeding fifty-eight thousand
pounds, in mill'd dollars, at six shillings each, or in other silver at six
shillings and eightpence per ounce ; and the sum so borrowed shall be
applied in manner as in this act is hereafter directed, and for twenty-
nine thousand pounds of the sum so borrowed the treasurer shall give
his receipt in the form following, —

Province of the Massachusetts Bay, the day of , 175 . Form of treas.

Received of the sum of , for the use and ser- urer's receipt,

vice of the province of the Massachusetts Bay, and, in behalf of said prov-

♦ June 2, according to the record. t June 12, in the printed acts.

for 1758.

980

Province Laws. — 1756-57.

[Chap. 3.]

Form of treas-
urer's receipt,
for 1759.

£20,000 to be
applied for the
expedition
against Crown
Point.

£14,000 for forts
and garrisons.

£9,000 fpr pro-
visions, commis-
sary's disburse-
ments, &c.

£11,500 for pre-
miums, &c.

£350 for debts
where there is
no establish-
ment, &c.

£3,000 for pay
of councillors'
and representa-
tives' attend-
ance.

£150 for contin-
gent charges.

Tax of £66,000
granted in 1757
and 1758.

ince, I do hereby promise and oblige myself and successors in the office of
treasurer to re^jay the said or order, the first day of June, 1758,

the afores[ai]d sum of , in coined silver at six shillings and eight-

pence per ounce, or Spanish mill'd dollars, at six shillings each, with interest
annually, at the rate of six per cent per annum. «

Witness my hand, H. G., Treasurer.

[Sect. 2.] And for the remaining sum of twenty-nine thousand
pounds the treasurer shall give his receipt in the form following, —

Province of the Massachusetts Bay, the day of 175 .

Received of the sum of , for the use and service of the prov-

ince of the Massachusetts Bay, and, in behalf of said province, I do hereby
promise and oblige myself and successors in the office of treasurer to repay
the said or order, the first day of June, 1759, the aforesaid sum

of , in coined silver at six shillings and eightiience jjer ounce, or

Spanish mill'd dollars, at six shillings each, with interest annually, at the
rate of six jDer cent per annum.

Witness my hand, Treas[wre]r.

— and no receipt shall be given for less than six pounds.

Aiid be it further enacted,

[Sect. 3.] That the aforesaid sum of fifty-eight thousand pounds,
when receiv[e]'d into the treasury, shall be issued out in manner and
for the purposes following ; th[at] [is] is to say, twenty thousand pounds,
part of the sum of fift^'-eight thousand pounds, shall be applied for the
service of the expedition against Crown Point, to pay off the soldiers,
&c^''\ ; and the further sum of fourteen thousand pounds shall be applied
for the service of the several forts and garrisons within this province,
pursuant to such grants and orders as are or shall be made by this
court for these purposes ; and the further sum of nine thousand pounds,
part of the aforesaid sum of fift3'-eight thousand pounds, shall be applied
for purchasing provisions, and the commissary's disbursments for the
service of the several forts and garrisons within this province ; and the
further sum of eleven thousand five hundred pounds, part of the afore-
said sura of fift3'-eight thousand pounds, shall be applied for the pay-
in [en] t of such premiums and grants that now are or may hereafter be
made by this court ; and the further sum of three hundred and fifty
pounds, part of the aforesaid sum of fift3'-eight thousand pounds, shall
be applied for the discharge of other deljts 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 establishm[e7i]t nor any
certain sum assigned for that purpose ; and for paper, Avriling and print-
ing for this court ; and the sum of three thousand pounds, part of the
afores[c«']d sum of fift^'-eight thousand pounds, shall be applied for the
payment of his majesty's council and house of repres[entoii]ves, serving
in the great and general court during the several sessions for the present
year ; and whereas there are sometimes contingent and unforeseen
charges that demand prompt pay, —

Be it \^farther^ enacted,

[Sect. 4.] That the sum of one hundred and fifty pounds, being the
remaining part of the afores[a«']d sum of fifty-eight thousand pounds, be
applied to pay such contingent charges, and for no other purpose what-
ever.

Be it enacted,

[Sect. 5.] That there be and hereby is granted to his most excel-
lent majesty, a tax of sixty-six thousand pounds, to be levied on polls,

[1st Sess.] Peovince Laws. — 1756-57. 981

and estates both real and personal within this province, in manner fol-
lowing ; that is to say, thirtj'-two thousand pounds, part thereof, accord-
ing to such rules and in such proportions on the several towns and
districts within the province as shall be agreed on and ordered by the
general court or assembly, at their session in Maj-, one thousand seven
hundred and fiftj'-seven, and to be paid into the public [k] treasurj' on
or before the tliirt3'-first day of March tlien next after ; and the further
sum of thirtj'-four thousand pounds, according to such rules and in such
proportions on the several towns and districts aforesaid as shall be
agreed on and ordered by the general court, at their session in May, one
thousand seven hundred and fiftj'-eight, and to be paid into the treasury
on or before the thirty-first of March then next after.

And be it further enacted,

[Sect. 6.] That if the general court, at their session in May, one Rule for appor.
thousand seven hundred and fiftj'-seven, and in May, one thousand iJfcasf no\ax^*
seven hundred and fifty-eight, some time before the twentieth day of ^'^^ ®'^?^' ^®
June in each year, shall not agree and conclude upon an act apportion-
ing the sums which by this act are engaged to be, in each of said 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 levyed on the
polls, and estates both real and personal within their limits, the same
proportion of the said sums as the said towns and districts were taxed
by the general court in the tax act then last preceeding.

[Sect. 7.] And the province treasurer is hereby full}' impowered
and directed, some time in the month of June in each of the years
aforesaid, to issue and send forth his warrants, directed to the select-
men or assessors of each town and district within this province, requir-
ing them to assess the polls, and estates both real and personal within
their several towns and districts, for their respective parts and propor-
tions of the sums before directed and engaged to be assessed, to be paid
into the treasury at the aforementioned time ; 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 last preceeding tax
act.

And as a further fund to enable the treasurer to discharge said re- Further fund.
ceipts and obligations, b}'' him given in pursuance of this act, —

Be it enacted,

[Sect. 8.] That the duties of excise upon spirituous liquors, for the
3'ear seventeen hundred and fifty-six, shall be applied for the payment
and discharge of the principal and interest that shall become due on
said notes, and to no other purpose.

And be it further enacted,

[Sect. 9.] That the treasurer is herebj'^ directed and ordered to pay tlg treasurer to
the sum of fiftj^-eight thousand pounds out of such appropriations as appropriations.
shall be directed by warrant, and no other ; and the secretarj^, to whom
it belongs to keep the muster-rolls and accompts of charge, shall lay
before the house of represent[o<i]ves, when they direct, such muster-
rolls and accompts after paym[e7i]t thereof.

Provided, always, —

[Sect. 10.] That the remainder of the sum which shall be brought Proviso.
into the treasury by the duties of excise before mentioned, and the tax
of sixty-six thousand pounds, ordered by this act to be assessed and
levied, over and above what shall be sufficient to discharge the notes and
obligations afores[ai]d, shall be and remain as a stock in the treasury,
to be applied as the general court of this province shall hereafter order,
and to no other purpose whatsoever. \_Passed June 4 ;* published June
lO.t

* June 5, according to the record. f June 12, according to the printed act.

982

Province Laws. — 1756-57. [Chaps. 4, 5.]

CHAPTER 4.

AN ACT TO PREVENT CHARGES ARISING BY SICK, LAME OR OTHER-
WISE INFIRM PERSONS, NOT BELONGING TO THIS PROVINCE, BEING
LANDED AND LEFT WITHIN THE SAME.

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

That from and after the first day of July next, no master or com-
mander of an3^ ship or vessel whatsoever, coming into, abiding in or go-
ing forth of any port, harbour or place within this province, shall cause

Commanders
and masters of
ships, &c., not
to land sick or

withourpermis. Or suffcr to be landed or put on shoar within the same, any sick or other

siou.

Penalty.

wise impotent and infirm person, not being an inhabitant of this prov-
ince, either belonging to or brought in such ship or vessel, unless the
consent of the selectmen of the town where such sick or infirm per-
son shall be landed be first had and obtained therefor, the same to be
signified in writing, under their hands ; nor unless security be first given,
if demanded, to the satisfaction of such selectmen, for indemnifying
and keeping such town free from any charge that may arise for the sup-
port or rel[ei][je]f of the person so landed or left within the province ;
on pain of forfeiting, to the use of the poor of such town, the sum of
one hundred pounds for every sick or infirm person so landed, to be
recovered by the treasurer of such town, either by action, bill, plaint or
information in any of his majesty's courts of record wherein no essoif^-Jn,
protection or wager of law shall be allowed. \_Passed June 8 ; pub-
lislied June 10.*

CHAPTER 5.

AN ACT FOR [E][i]NLISTING THE INHABITANTS OF DORCHESTER, WEY-
MOUTH AND CHARLESTOWN INTO HIS MAJESTY'S SERVICE FOR THE
DEFENCE OF CASTLE WILLIAM, AS OCCASION SHALL REQUIRE.

Preamble.

Inhabitants of
Dorchester,
Weymouth, and
Charlestown,
for military ex-
ercises at Castle
William.
lYi8.49,chap.7.

Their duty
there.

Whereas the safety of this province in a great measure depends on
the strength of his majesty's Castle William, and it is necessary that a
great number of men, skilful in the management of the great artiller}^,
should be always ready to attend there, —

Be it enacted by the Lieutenant-Governo[it'\r, Council and House of
Representatives,

[Sect. 1.] That all the inhabitants of the town of Dorchester who
are by law subject to common musters and military exercises, not ex-
ceeding sixty years of age, and such of the inhabitants of the towns
of Weymouth and Charlestown as are willing to be [e][i]nlisted (not
exceeding one hundred and twenty, in the whole, from the two last
towns ; \\z^^^., sixty from Charlestown and sixty from Weymouth) shall
be [e][i]nlisted under the present captains, or such other officers as
the captain general or commander-in-chief shall commissionate, who
shall repair to Castle William six days in each j-ear ; viz'^'^., three days
successively in the month of July next, and three days successivel}'^ in.
the month of September next, and from thenceforward during the con-
tinuance of this act, three days successively in the month of May, and
three days successively in the month of September, annually ; and shall
on the said days be, b}' the gunner and quarter-gunners, exercised

* June 12, according to the printed act.

[1st Sess.] Province Laws.— 1756-57. 983

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 be it further enacted,

[Sect. 2.] That if an}- of the men [e][i]nlisted as aforesaid, shall Penalty for
not duly attend at time and place for the exercise of the great teudaucef^'*
artillery as aforesaid, being thereof notified in person or by leaving
a notification in writing at the usual place of his abode at least four
days before the time he is to appear, for every such day's neglect of
attendance such soldier shall pay to the clerk of the compan}", for the
use of the company, ten shillings.

And for the encouragement of the said men that shall be [e][i]nlisted
and exercised as aforesaid, —

Be it further enacted,

[Sect. 3.] That every person so [e][?']nlisted shall be excused Encoiiragement
from all other military service, and from all impresses into other ser- *° ™''®''
vice, that other soldiers by law are liable to.

And be it further enacted,

[Sect. 4.] That upon any alarm at Castle William every man able ah Dorchester
of body, as well those [e][f]nlisted by virtue of this act, as also all aueml'armedat
others within the town of Dorchester, except such persons as are by law the castie 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 observe 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 afores[ai]d fines to be recovered Ijefore any justice of
the peace or court proper to hear and try the same.

[Sect. 5.] This act to be in force from the tenth day of June LimitaUon.
instant, to the tenth day of June, one thousand seven hundred and
fifty-nine, and no longer. \_Passed June 9 ; * published June lO.f

CHAPTER 6.

AN ACT FOR CONTINUING THE ACT FOR ESTABLISHING AND REGULAT-
ING THE FEES OF THE SEVERAL OFFICERS WITHIN THIS PROVINCE.

Be it enacted by the Lieutenant-Governour, Council and House of Rep-
resentatives,

That the act made and pass'd in the twenty-sixth jqbx of his present Fee-biu contin-
maiestv's reign, intitled " An Act for establishing and reo-ulatins: fees of ^^^-

1752 53 chaD *'8

the several officers within this province," and every clause thereof, and " ' ^" '
every matter and thing therein contained, be and hereby is and shall be
continued to the tenth day of December next, and from thence to the
end of the then next session of the general court, and no longer.
[Passed June 2 ; published June lO.f

* Signed June 8, according to the record. t Jime 12, in the printed acts.

984

Peovince Laws.— 1756-57. [Chaps. 7, 8.]

CHAPTEK 7.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS, THAT IrE
EXPIRED AND NEAR EXPIRING.

Preamble.

Sundry laws,
expired or near
expiring, re-
vived and con-
tinued.
1740-41, chap. 15.

1742-43, chap, 28.

1743-44, chap. 14.
1743-44, chap. 16.

1743-44, chap. 21.
1744-45, chap. 27.

1748.49, chap. 12.
1750-51, chap. 21.
1750-51, chap. 22,

Their continua-
tion for five
years.

Whereas the several acts hereinafter mentioned, which are now ex-
pired or near expiring, have been found useful and beneficial ; viz"^'^.,
one act made in the fourteenth j^ear of his present majesty's reign,
[e] [ijntitled " An Act to prevent damage being done to the harbour of
Cape Cod by cattle and horse-kind feeding on Provincetown land " ;
another act made in the sixteenth j-ear of said reign, [e][i]ntitled
" An Act in further addition to and explanation of an act, [e][i]ntitled
' An Act for regulating townships, choice' of town oflicers, &c'^''^ ' " ;
three other acts made in the seventeenth year of said reign ; viz"^'^.,
one, [e][i]ntitled "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" ; one other, [e][t]ntitled " An
Act in addition to and for rend [e] ring more effectual an act made in
the fourteenth year of his present majesty's reign, intitled ' An Act to
I^revent damage being done to the harbour of Cape Cod by cattle and
horse-kind feeding on Provincetown land ' " ; and the other act, [e] [t]n-
titled "An Act to regulate the expence of private bridges"; an act
made in the eighteenth year of said reign, [e][i]ntitled "An Act in
addition to the act for preventing damage to the harbour of Cape Cod
by cattle and horse-kind feeding on Provincetown land " ; an act made
in the twenty-second year of said reign, [e]p]ntitled "An Act for the
more easy partition of lands " ; and also two acts made in the twenty-
fourth year of said reign : one, [e][i]ntitled " An Act providing for the
support of ministers in new plantations " ; and the other act, intitled
" An Act in addition to an act for regulating fences, cattle, &c'^''^.," —

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

That such of the before-mentioned acts as are expired, with all and
ever}'' article, clause, matter and thing therein respectively contained,
be and hereby are revived, and shall be in force from the tenth day of
June, one thousand seven hundred and fifty-six, to the tenth day of
June, one thousand seven hundred and sixty-one ; and such of said
acts as are near expiring are hereby continued, and shall be in force
till the said tenth day of June, one thousand seven hundred and sixty-
one, and no longer. \_Passed June 10 ; published June 12.

CHAPTER 8.

AN ACT IN ADDITION TO AND EXPLANATION OF AN ACT FOR GRANT-
ING A TAX MADE AND PASS[£j'D IN THE PRESENT SESSION OF THIS
COURT,

Preamble,

1756-57, chap, 1.
§11,

Whereas some doubt is made whether such persons as have removed
out of the town of Boston before the passing the last tax act, and have
returned, or shall return, within one year from the time of their removal,
respectively, are or shall be obliged to pay taxes in such years in Bos-
ton,—

[1st Sess.] Pkovince Laws. — 1756-57. 985

Be it enacted and declared by the Lieut[enan']t-Governom\ Council
and House of Re2yres[^entati']ves,

That it was in said tax act intended, and shall be so understood, con- Persons return.
strued and take effect, that all persons who have removed, or shall afunM?mov°a'i
remove, out of the town of Boston, and within one 3'ear have returned, liable to be
or shall return, and have been taxed, or shall be taxed, respectivelj^,
for each or either of said years, in Boston, shall be liable and obliged
to pay such tax or taxes, subducting only as in said act is provided.
'[Passed June 10 ; published June 12.
124

986

PJROViNCE Laws. — 1756-57.

[Chap. 9.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Eleventh day of August, A. D. 1756.

CHAPTER 9.

Preamble.
1755-56, chaps,
23, S4 aud S5.

Penalty for
French of Nova
Scotia going be-
yond their
limits, without
license.

Power given to

apprehend

them.

Penalty for
selectmen, &c.,
giving license
contrary to law.

AN ACT FOR THE BETTER ORDERING THE LATE INHABITANTS OF
NOVA SCOTIA, TRANSPORTED BY ORDER OF THE GOVERNMENT
THERE.

Whereas many inconveiiienc[t]es have arisen, and may still arise,
from the liberty which the late French inhabitants of Nova Scotia have
taken, and maj^, if not prevented, continue to take, of wandering from
the several towns in which their residence has been assigned them,
respectively, by this government, —

Be it therefore enacted by the Governoiir, Council and House of Rep-
resentatives^

[Sect. 1.] That from and after the first day of October next, if any
of the French inhabitants of Nova Scotia shall be found without the
limits of the town or district in which he or she hath been or shall be
ordered by this court to reside, without licen[s][c]e, first had, in writ-
ing, under the hands of at least two of the selectmen or overseers of the
poor of such town or district ; every such offender shall be imprisoned
in close goal for the space of five days, without bail or mainprize, and
kept on such diet only as is usually allowed to prisoners under close
confinement ; and it shall and may be lawful for any person of free con-
dition, to apprehend such offender, and carry him or her before the next
justice of the peace of the county, who is hereby authorized and required
to give order for the imprisonment of such offender as aforesaid ; and
also for carrying him or her back, when discharged from imprisonment,
to the town or district in which he or she has been or shall be placed by
order of this government ; the whole charge of the proceedings aforesaid
to be born % the offender, if able ; otherwise, by the province, such
charge being first allowed and certified by the justice before whom the
proceedings shall be had.

And he it further enacted,

[Sect. 2.] That no licen[s][c]e shall be granted by the selectmen
or overseers of the poor of any town or district, to any of the French
aforesaid, for more than six days' absence at one time, from the place
assign'd for their residence, nor to be absent from their several homes
on the Lord's Day ; and if any selectmen or overseers of the poor of any
town or district, shall presume to give a licen[s][c]e for a longer ab-
sence, or upon the Lord's Da}', they shall forfeit for every person so
licen[s][c]ed, the sum of forty shillings, for the use of the poor of such
town or district, to be recovered by the treasurer thereof, by action or
information, to be brought before any one of his majesty's justices of
the peace for the county where such offence shall be committed.

[3d Sess.] Province Laws. — 1756-57. 937

[Sect. 3.] This act to be in force "^'^till the first day of October, Limitation.

one thousand seven hundred and fifty-seven, and no longer. \_Passed
iSepteinber 11.

CHAPTER 10.

AN ACT FOR CONTINUING AN ACT, INTIT[U]LED "AN ACT TO IMPOWER
THE PROPRIETORS OF THE MEETING-HOUSE IN THE FIRST PARISH
IN SALEM, WHERE THE REVEREND MR DUDLEY LEAVITT NOW OF-
FICIATES, TO RAISE MONEY TO DEFREY MINISTERIAL AND OTHER
NECESSARY CHARGES."

Whereas an act of this province made and pass[e]'d in the twenty- Preamble,
seventh year of his present majestj^'s reign, intit[u]led " An Act to im- 1753-54, chap. 14.
power the proprietors of the meeting-house in the first parish in Salem,
where the Reverend M' Dudley Leavitt now officiates, to raise monej' to
defrey ministerial and other necessar}'' charges," will expire on the
twenty-second day of September next ; which act has been found bene-
ficial and necessary for the purposes for which it was pass'd, —

Be it therefore enacted by the Governour, Council and House of Repre-
sentatives,

That the said act, and every matter and clause therein contained, be Act continued
and shall continue in force from the twenty-second day of September "nt'i S|ptem.
next, until [1] the twent3^-second day of September, one thousand seven
hundred and sixty-one, and from thence to the end of the then next
session of the general court, and no longer. [^Passed August 27.*

* Signed August 16, according to the record.

988

Peovixce Laavs. — 1756-57. [Chap. 11.]

ACTS

Passed at the Session begun and held at Boston,
ON THE Fifth day of October, A. D. 1756.

CHAPTER 11.

AN ACT IN ADDITION TO, AND FOR EXPLANATION OF, AN ACT MADE IN
THE FOURTH YEAR OF HIS MAJESTY'S REIGN, INTIT[Z7]LED "AN
ACT DIRECTING HOW RATES AND TAXES, TO BE GRANTED BY THE
GENERAL ASSEMBLY, AS ALSO COUNTY, TOWN AND PRECINCT RATES,
SHALL BE ASSESSED AND COLLECTED."

Preamble.

1730, chap.l, §
13.

Assessors for
the time being
intended.

Persons over-
rated unless re-
lieved by the
assessors, may
apply to the
general sessions
of the peace.
1730, chap. 1, § 7.

Form of the
warrant of com.
mitmontto be
granted by as-
sessors.

Whereas in and by an act made in the fourth year of his present
majesty's reign, intit[w]led "An Act directing how rates and taxes to
be granted by the general assembly, as also count}*, town and precinct
rates shall be assessed and collected," it is, among other things, pro-
vided. That two or more assessors shall have power, by warrant under
their hands and seals, to commit to the common goal such persons as,
being duly assessed, shall refuse or neglect to pay the sums so assessed,
by the space of twelve daj's after demand thereof, where no sufficient
distress can or may be found, whereby the same may be levied : and
whereas a doubt hath arisen, whether, by the assessors so impowered,
be meant and intended the assessors for the time being, or the assessors
by whom the persons to be committed wei'e assessed, —

Be it therefore enacted by the Lieut\enant'\-Governour, Council and
House of Representatives^

[Sect. 1.] That by the assessors so impowered, in and by the act
aforesaid, the assessors for the time being, and they only, are meant
and intended ; and that the said act shall be and always ought to have
been so understood.

And he it further enacted,

[Sect. 2.] That any person apprehending himself overrated, and
applying to the assessors for the time being for rel[ei][«e]f, shall, upon
their refusal to ease him, have liberty to make application to the court
of general sessions of the peace, to be held within and for the same
county within which the assessment was made next after such refusal,
the justices of which court arc hereby authorized to grant him rel[ei][te]f
in such manner as is directed in and by the act afores[ai]d.

And he it farther enacted,

[Sect. 3.] That the warrant for commitment to be granted by the
assessors as aforesaid, shall be in the form following : —

, ss. To A. B., one of the constables (collectors) of the town
of C, in the county of S. Greeting :
Whereas application has been made to us the subscribers, assessors for the
said town of C, by the said A. B., one of the constables (or collectors) of
said town of C, in said county, that II. I., of said town of C, is assessed to the
province tax in the rate-bill committed to him, the said A. B., to collect as
constable (collector) for the year , the sum of ; and altho' the

[4tii Sess.] Province Laws. — 1756-57. 989

said tax has been demanded of the said H. I., j'et he neglects and refuses to
pay and satisfy the same, and there being no estate of the said H. I. to be
found whereon to levy the same : these are therefore, in his majesty's name,
to require you, the said A. B., to take into safe custody the body of the said
H. I., and him commit to the common goal of the said county of S., there to
remain until [1] he, the said H. I., shall -pay and satisfy the above sums, with
all necessary charges, or be discharged by due course of law.

Given under our hands and seals at C, this day of , in

the year of his majesty's reign, J.nwogMe Z>omm

^ Assessors of the
/ Town of C.
[^Passed October 14.*

CHAPTER 12.

AN ACT FOR PROVIDING AND MAINTAINING TWO ARMED VESSELS TO
GUARD THE COAST, AND FOR SUPPLYING THE TREASURY WITH
[7] SEVEN THOUSAND POUNDS FOR THAT END.

Whereas it appears necessary for his majesty's service, and for the Preamble,
preservation and defence of the trade and fishery of this province,
that two armed vessels be provided for that purpose ; and in order thereto
that the treasury be supplyed with the sum of seven thousand pounds,
which it appears most just and equal, considering the heav}' burthen of
the public[A;] taxes, should be laid on the trade and fishery ; where-
fore,—

Be it enacted hy the Lieutenant-Governour, Coxmcil and House of
Representatives^

[Sect. 1.] That from and after the first day of November next, Duty of six-
during the continuance of the present war with France, and until[l] the on'a'n gb[ps°a'nd
first day of November then next following, there be and hereby is other vessels,
granted unto his most excellent majesty, a dut}' of sixpence per ton on Ifc?^fl•onl^Nov^
all ships and other vessels, excepting common coasters, whaling and ]; ^''^^' during

' c tlic coiitinuiincG

fishing vessels, entering into any port or harbour within this province, of the present
other than such as shall clear out of some other port or harbour within p^a'^i^e-^iso a
the same, and on all coasters trading from harbour to harbour within rtntyon'tea, &c.,
this province ; and whaling and fishing vessels the like sura of sixpence two armed "Is.
per ton a year ; and also a duty or excise of sixpence per pound upon ^'^''''•
tea, and twopence per pound upon coffee, and five per cent upon china-
ware ad valorem, the income of which shall be applied to the providing
and maintaining of two armed vessels ordered by this court to be pro-
vided and equipped for the guarding the coast [s] of this province
against his majestj^'s enemies.

And to render this act efiectual, —

Be it further enacted,

[Sect. 2.] That the tonnage of all vessels, except whaling, fishing Mannerofmeas-
and coasting vessels, shall be measured and taken in manner as is "''"s '^^^^eis.
directed in the act for building the light-house, passed in the first year I7j5-i6, chap. 4,
of King George the First, chapter the sixth ; and the commissioner of commisgioner
impost, or his deputy, is hereby directed and impowered, before he of impost to re.
enters any ship or vessel, that is by law required to enter, to demand quTred "bytwa
and receive the duty by this act intended to be paid, and shall certify "^t, &c.

* In the record, this act seems to have been signed during the previous session (Sept. 10).
It appears again, however, under the above date. It probably foiled to receive the Govern-
or's assent before his departure, and the second enactment was deemed necessary at this
session on account of the change in the gubernatorial office, since there was no int'ervf ning
prorogation.

990

Province Laws. — 1756-57. [Chap. 12. J

Naval officer
directed.

Penalty in case
of refusal to pay
the duties by
this act re-
quired.

Belectmen or
assessors to tax
whaling, fish-
ing or coasting

vessels.

Manner of col-
lecting the
same.

Proviso.

No person to
Bell tea, china-
ware, or coflee,
without license.

Licensed per-
sons to give
bond.

Pro vise.

the same to the naval officer, and the naval officer is hereby strictly
forbidden to clear out any ship or other vessel until [1] the master or
owner of such ship or vessel shall produce a certificate that he has paid
tlie 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 by this act provided, any 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 dut}^ by this act imposed in any of his
majesty'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 further enacted^

[Sect. 3,] That the selectmen or assessors of every town within
this province, where any whaling, fishing or coasting vessels may
belong, are hereby impowered and directed to assess and tax the ves-
sels aforesaid according to the direction of this act hereinbefore
expressed ; the measure 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 case 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 hereby 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 farther required and directed to transmit to the prov-
ince treasurer, yearlj', a list of every vessel by them according to the
tenor of this act assessed and taxed, together with [a] \tlie'] certificate
of the name or names of the constable or collectors to whom the said
assessment shall have been by them committed to collect ; and the
province treasurer is hereby impowered and directed to issue out his
warrants for the recovery of the said duty or tax assessed as aforesaid,
on any whaling, coasting and fishing vessels, against any delinquent
constables or collectors, as is b}^ law in other cases made and pro-
vided. Provided, nevertheless, this act shall not be construed to
exempt an}^ vessels aforesaid from being taxed as vessels hereto-
fore.

And he it further enacted,

[Sect. 4.] That no person or persons whatsoever, from and after
the first day of November next, other than such as shall obtain licences
from the justices in general sessions to sell tea, china-ware and coffee,
unless as is hereinafter provided, shall directly or indirectly, either by
themselves or any under them, presume to sell the same ; and every
person shall, before such licence be granted, give bond, with sufficient
sureties, for his, her or their well and truly paying the duties laid on
those articles he, she or they shall be licenced to sell, and that he, she
or they will use his, her or their licence in such house or houses as
shall be therein named, and no other ; and that he, she or they will
render to the farmer or his deput}^, on oath (which he is hereby
impowered and directed to administer to the person exhibiting such
account) , a just and true account of all the aforesaid commodities by
him, her or them taken in for sale, sold, used or consumed from time to
time, and pay unto the farmer or his deputy, at the end of every half
year, the sum or sums of excise that may arise pursuant to this law.

Provided, nevertheless, —

[Sect. 5.] It shall and may be lawful for any person, whether
licenced or not, to dispose of any tea, coffee or china-ware in any

[4th Sess.] Provixce Laws. — 1756-57. 991

quantity whatsoever, to any person licenced to sell the same, he or she
complying with the terms of this act relating to a certiQcate.

Provided, always, and it is the true intent and meaning of this act, —

[Sect. 6.] That if any person, licenced to sell any of the aforesaid Proviso,
commodities, shall sell to any other such licenced person any quantity
of the commodities aforesaid, such licenced person, selling as aforesaid,
shall not be held to pay such dut}-, but the licenced person who is the
purchaser shall pay the same ; and the seller aforesaid shall and is
hereby required to deliver to the farmer of this dut}' a true account of
such commodities sold as aforesaid.

And he it farther enacted,

[Sect. 7.] That the said licence be renewed yearly, and bond Licenses. to be
given as aforesaid, and that the said licences be renewed to no person renewed yearly..
whatsoever, unless he or she, before their receiving the same, produce a
certificate under the hand of the farmer, or his deputy-, of his or her hav-
ing paid the full of the excise due from them, respectively, as aforesaid.

And he it further enacted,

[Sect. 8.] That if any person or persons, not licenced as afore- Fine for selling
said, unless as is herein provided, shall, from and after the first day of "Without license.
November next, presume, directly or indirectly, by themselves, or any
under them, to sell any tea, china-ware or coffee, by any quantity,
weight, number or measure, he, she or they shall for every such offence,
on due conviction, forf[ie][ei]t and pay the sum of four pounds, one
half to the informer and the other half to the farmer, the manner of
conviction to be the same as of persons selling strong liquors without
licence, as is by law alread}^ provided ; and ever}'- person, licenced as
aforesaid, who shall presume to sell any of the before-mentioned com-
modities, and shall refuse or neglect to account with the farmer, and
pay the duties required by this act, or shall give a false account, shall
be subject, for each offence, to the penalty of fifty pounds, and shall be
rendered incapable of renewing his, her or their licence to sell the same
for the future ; the penalty to be recovered shall be to the farmer, and
the manner of conviction shall be the same as of persons selling strong
drink without licence, unless he, she or they who have thus rendered a
false account shall, within twenty days after such account given to the
farmer, bond fide, swear that there was an involuntary mistake made in
such account, and within that time rectify the same.

Provided, nevertheless, —

[Sect. 9.] That nothing in this act shall be construed to extend' to Proviso.
any quantity of any of the commodities aforesaid which shall be sold for
consumption out of this province to any person not belonging thereto ;
and the person selling shall produce a certificate from the purchaser,
under oath, that he, hondfide, purchased the same with intent to carry it
oiit of this government, and there to be consumed ; and in case any per-
son shall produce a false certificate, and be thereof convicted, he, she
or they shall forf[ie] [ej]t and pay to and for the use of the farmer,
the sum of six pounds, to be recovered in any of his majesty's courts
proper to try the same.

And to the end the revenue arising from the aforesaid duties of
excise may be advanced for the greater benefit and advantage of the
public [/c], —

Be it further enacted,

[Sect. 10.] That one or more persons, to be nominated and ap- Duty on tea,
pointed annually during the continuance of this act b}^ the general court farmed.*^^
for and within the several counties within this province, public [A']
notice being first given of the time, place and occasion of their meet-
ing, shall have full power, and arc hereby authorized, from time to
time, to contract and agree with any person for or concerning the farm-

992

Province Laws. — 1750-57. [Chap. 12.]

Farmer to give
bond.

Treasurer to
sue out the
bond, in case.

Farmers may
appoint depu-
ties.

Executors or
administrators
of deceased
farmers to have
their power, &c.

Court of ses-
sions to give
license, —

—or two jus-
tices, in case.

ing the duties in this act mentioned, on tea, coffee and china-ware, in
the respective counties for which they shall be appointed, as may be for
the greatest profit and advantage of the public[/.].

And be it further enacted,

[Sect. 11.] That the farmer shall give bond with two sufficient sure-
ties, to the province treasurer for the time being, and his successors
in said office, in double the sum of money that shall be contracted for,
with condition that the sum agreed to, be paid into the province treasury,
for the use of the province, at the expiration of one 3'ear from the date
of such bond ; which bond the person or persons to be appointed a com-
[^mity^^ of such county are to take, and the same to lodge with the
treasurer as aforesaid, within twenty days after such bond is executed ;
and the said treasurer, upon failure or neglect of payment at the time
therein limitted, shall and is hereby impowered and directed to issue
out his execution, returnable in sixty days, against such farmers of
excise and their sureties, or either of them, for the full sum expressed
in the condition of their bonds, as they shall respectively become due,
in the same manner as he is enabled by law to issue out his executions
against def[f]ective constables ; and the said committee shall render an
acco [mp] [z(ra] t of their proceedings touching the farming this duty on
china-ware, tea and coffee aforementioned, in their respective counties,
to the general court in the fall sessions, and shall receive such sum or
sums of money for their trouble and expence in said affair as said court
shall think fit to allow them. And every person farming the excise in
any county may substitute and appoint one or more deputy or deputies
under him, to collect and receive the excise aforesaid, which shall become
due in such county, and pay the same to such farmer ; which deputy or
deputies shall have, use and exercise all such powers and authorities as
in and by this act are given or com[m]itted to the farmers for the bet-
ter collecting the duties aforesaid, or prosecuting the offenders against
this act.

A7id be it further enacted,

[Sect. 12.] That in case of the death of either of the farmers of
excise in any counties, the executors or administrators of such farmers
shall, upon taking such trust of executor or administrator 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 this act.

And be it further enacted,

[Sect. 13.] That the justices in the several counties be and they
hereby are impow[e]red, at their several sessions during the continu-
ance of this act, to grant licences for selling and retailing an}' of the
aforesaid articles to all such fit and proper persons as shall apply to
them for the same, and all persons desiring licences are hereby directed
to apply to the justices in sessions for said licence accordingl}', they
taking bonds, with sufficient sureties, to secure the full value of the
excise on china-ware, tea and coffee, which it is probable may be sold
by the persons petitioning for such licence, and the person receiving
such licence shall pay no other or greater fee than two shillings in the
whole (one shilling to the court, and one shilling to the clerk) for his
or her licence and bond aforesaid.

And be it further enacted,

[Sect. 14.] That in such counties where the courts of general ses-
sions shall not sit in thirty days after the said first da}' of November
next, it shall be in the power of two of his majesty's justices of the
peace in such county, quorum umis, to grant licences for selling the
commodities aforesaid to all such persons as shall apply fjr the same,
upon giving the security by this act required ; and the justices granting
such licence and returning a certificate thereof under their hands to the

[4th Sess.J Province Laws.— 1756-57. 993

next court of general sessions of the peace shall be adjudged sufficient
to entitle the person so licenced to sell said commodities iVom the date
of such certiQcate until the expiration of one 3-ear from the return
thereof as aforesaid.

And to the end that this government ma}- know what monies shall lie
received by the farmer of each respective county and his deputies by
virtue of this act, —

Be it enacted,

[Sect. 15.] That to ever}'- person licenced by the sessions, as afore- Farmer to give
said, the said farmer or bis deputy, when said persons shall account ^°ais^,'iiS'^hc'^"'
with them, shall give two receipts under their hand for what each of receives.
them have respectively received, either as duty or forf[ie][e?"]ture, or
in any other way ; and the said receipts shall express the true and just
sum received, and the consideration for vrhich it was received ; and one
of said receipts shall be lodged, within one month after the date thereof,
by each person, respectively, to whom said receipt shall be given, with the
clerk of the sessions for the county wherein such person lives, on pen-
alty of forty shillings, and of being rendred incapable of renewing his
or her licence for tlT.e future. And the clerk aforesaid shall transmit a
fair and true copy of the receipts that shall be so lodged with him, to
the secretary of this province, who shall lay the same before this court.

And he it further enacted,

[Sect. 16.] That the farmer of each respective county shall render Farmer to ron-
an acco[mp][ii?i]t, on oath, to the province treasurer, when he shall oi7oa?ifTo°the'
come to discharge his bond given for the farm of the duties aforesaid, trc.isuier, of
of the sums and securit[y][{e]s he or his deputy, or either of them, secuiiucs"hror'^
have in any way received by virtue of this act; and the said ac- ^'''^ ^'^P"f)^''_
co[mp][«n]t shall express the name of each person of whom the}^ or
either of them, have received any sum or securit^y, how much that sum
or security is for, and the time when the same were received ; and it
shall be part of the condition of the said farmer's said bond, that he
will render such acco[mp][?<?i]t, taken upon oath, as aforesaid, and if
said farmer shall not have settled, when he comes to discharge the said
bond, with every person obliged by this act to account and settle with
him, his said bond shall not be discharged till he has so settled, and
rendered an account, of such settlement to the province treasurer as
aforesaid.

Provided, nevertheless, —

[Sect. 17.] That if said farmer shall, at the end of one month and Proviso. •
of ten months, respcctivel}', from the time of payment expressed in said
bond, render an account on oath as aforesaid, and shall swear that such
acco[mp][?fn]t expresses the whole sum that he hath received, either in
money, or by securities, or by any other way whatsoever, then his bond
shall be discharged and delivered up to him.

Be it further enacted,

[Sect. 18.] That if any acco[mp][M?2]t of excise shall remain un- Farmer sisaii
paid and not settled by bond or note, for the space of ten months after brh°g"an'actioii'
the expiration of this act, unless the action is depending, the said after ten
farmer or his deputy shall not have right to bring any action against '°^° *' ^^"^ ^ '
the person whose said account shall remain so unpaid or unsettled, but
shall forfeit what might otherwise have been due from such person.

Be it further enacted,

[Sect. 19.] That all fines, penalties and forfeitures, arising and ac- Howfinesareto
cruing by any breach of this act, aud not otherwise appropriated, shall ^® 'sposedof.
be, one half to his majesty for the use of this province, and the other
half for the use of the farmer ; to be recovered b}" action, bill, plaint or
information in any of his majesty's courts of record.

And ivhereas it will be necessary' that money should be advanced for

125

994

Province Laws. — 1756-57. [Chap. 12.]

Treasurer em-
powered to bor-
row £7,000.

Form of treas-
urer's receipt.

Proviso in case
of deficiency.

Rule for appor-
tioning the tax,
in case no tax
act shall be
agreed on.

the purchasing the vessels aforesaid before that a sufficiency will be
brought into the treasury pursuant to this act ; therefore, —

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

[Sect. 20.] That the treasurer of the province be and hereby is
impow[e]red and directed to borrow from such person or persons as
will be willing to lend the same, the said sum of seven thousand pounds
in mill'd dollars, at six shillings each, or in other silver at six shillings
and eightpence per ounce, for a term not exceeding two years ; and the
sum so borrowed shall be applied for purchasing the vessels aforesaid ;
and for every sum so borrowed, the treasurer shall give a receipt and
obligation in form following : —

Province of the Massachusetp]s Bay, day of ,17 .

Eeceived of the sum of , for the use and service of the

province of the Massachuset [/] s Bay, and, in behalf of said province, I do
hereby promise and oblige myself and successors in the ofSce of treasurer to
repay the said or order, the day of 17 , the afore-

said sum of , in coined silver of sterling alloy, at six shillings and

eightpence per ounce, or Spanish mill'd dollars, at six shillings each, with
interest annually at the rate of six per cent per annum.

Witness my hand.

— and no receipt shall be given for a sum less than six pounds.

And be it farther enacted,

[Sect. 21.] That if the sums that shall be brought into the treasury
by virtue of this act, during the two years as aforesaid, be not sufficient
to pay the seven thousand pounds aforesaid, and what interest shall
become due for the same, the deficiency' shall be made good by a tax
upon all the polls and estates of the people in the province, according
to such rules and in such proportion as shall be agreed on by the gen-
eral court the next sessions after the s[cu']d two 3'ears shall determine.

And be it farther enacted,

[Sect. 22.] That in case the general court shall not, at their ses-
sions in Ma}', and before the twentieth day of June, one thousand seven
hundred [a?ifZ] fifty-nine, agree and conclude upon an act apportioning
the sum which by this act is engaged to be, in said year, apportioned,
assessed and levied, that then, and in such case, each town and district
within this province shall pay a tax, to be levied upon the polls, and
estates both real and personal within their districts, the same propor-
tion of the same sum as the said towns and districts were taxed by the
general court in the tax act then last preceeding, saving what relates
to the pay of representatives, which shall be assessed on the several
towns they represent ; and the province treasurer is hereby fully im-
pow[e]red and directed, some time in the month of June, one thousand
seven hundred and fifty-nine, 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 sum before directed and engaged to be
assessed, and also for the fines upon the several towns for not sending
a representative ; and the assessors, as also persons assessed, shall
observe, be governed by and subject to all such rules and directions as
have been given in the last preceeding tax act. \_Passed and published
October 19.

[4th Sess.] Pkovince Laws. — 1756-57. 995

CHAPTER 13.

AN ACT FOR THE BETTER REGULATING THE CHOICE OF PETIT JURORS.

Be it enacted by the 'L[e'][eut[_enant^'Governour, Council and Rouse of
Re2')resent\jati'\ ves,

[Sect. 1.] That the selectmen of each town within this province 1:48-49, chap. i9.
shall, within their respective towns, some time before the first of De- Selectmen of
cember next, take a list of the persons, liable by law, and which they takea°nI"of
shall judge able and well qualified, to serve on the petit juries, and lay |"*to''gei^'''%
the same before the town, at a meeting to be immediately called for that petit jurors, ami
purpose ; and the towns shall, respectively, at such meeting, select out forclhoirt'^tvns!
of the list, such as they judge most suitable to serve as jurors, and put
their names, written on sepcrate p[ei] [tejces of paper, into a box, to be
provided by the selectmen for that purpose, and deliver the same to the
town clerk, to be by him kept under lock and key.

And be it further enacted,

[Sect. 2.] That when, at an}' time after the first of December next, Said list to be
during the continuance of this act, any v [e] [i] n[i'] [e] re facias shall issue mJeUi?? "aued''
forth for the choice of petit jurors, and the inhabitants of each town shall for that pur.
be assembled for that purpose, the town clerk, or one or more of the select- mTuy namTs
men in case of his absence or sickness, shall carry into the meeting the f}''e7o"w°"ei''-k
box wherein the names of those, persons are put who are designed to or selectmen as
serve at the court from whence the venire facias issued, which shall be occatioirl-o?.''
unlock'd in the meeting, and the major part of the selectmen (who are
hereby enjo[y][i]ned to be present), and the constable who shall warn
said meeting, shall particularly notify them and the town clerk for that
purpose ; and the town clerk, or, in his absence, one or more of the
selectmen, shall draw out so many tickets as there are jurors required by
the venire, who shall be the persons that shall be returned to serve as
jurors : saving, that if any whose names are so drawn are sick, or
otherwise unable to serve at that time, in the judgm[ew]t of the town,
their names shall be returned into the box and others drawn in their
stead.

[Sect. 3.] And to the intent the same persons may not serve too Persons to serve
often, the clerk or selectmen who shall draw the ticket or name of any o"Jui-'««b"t
person returned to serve as afores[at]d, shall enter on the back thereof years,
the date of such draft, and return the same into the box again, and said
person or persons shall not be obliged (altho' drawn at any time), to
serve as jurors oftner than once in three years ; and no person who has
served as a petit juror, within two years past, shall be obliged to serve
again until [1 J three ^-ears be compleated from the time of his last serving,
notwithstanding his name's being drawn, as afores[ai]d.

[Sect. 4.] And the selectmen shall, in the same manner, once in
ever}' year, during the continuance of this act, take a new list of such
other persons as may become suitable and qualified, and la}' the same
before the town, whose names, being first by them allowed, shall be put
into a box in manner as aforesaid ; and, as well that all may do duty,
as that the deficiency that may have happened by death, or otherwise,
may be supplied at such time, the town may, if they think fit, make a
new regulation of the list before received.

And tchereas, it often happens that the persons returned to serve as Preamble,
petit jurors abscond, and the respective constables are put to great
diflQculty and frequently prevented from notifying them, —

Be it further enacted,

[Sect. 5.] That, from and after the first of December next, and Rules fornotifi-
during the continuance of this act, the clerks of the respective courts in ]^g°o^nirea]^^^'

996

Province Laws. — 1756-57. [Chap. 13.]

Penalty for per-
sons not attend,
ing as Jurors.

Method for pre.
venting partial
jurors.

Preamble.

New venires to
be issued, in
case.

Jurors' fees.

Limitation.

this province, shall, and hereby are obliged to, issue out their venir[^i']es
from their respective offices, thirt}^ daj^s, at least, before the return clay ;
and the respective constables, upon the receipt of the said venires, are
hereby obliged to notify their towns thereof, so that the sev[e9'a]l
meetings may be held six days, at least, before the sitting of the court
from whence the venire issues ; and the constables are hereby directed,
in case they cannot personally notify those who are so drawn, upon
their leaving a certificate of their being drawn, as aforesaid, with the
time and place of their respective courts sitting, at the usual place of
such person's abode, four days before the sitting thereof, [and] it shall
be deemed a sufficient notification.

[Sect. 6.] And if any person, drawn and notified as aforesaid, shall
neglect to attend and serve accordingl}', unless reasonable excuse be
made to the justices of the respective courts, he shall be fined in a sum
not exceeding twenty shillings ; and if such jurors belong to the town
of Boston, they shall be fined in a sum not exceeding ten pounds, to be
divided between the petit jurors, drawn as afores[ai]d serving at said
courts.

And be it further enacted,

[Sect. 7.] That the justices of the respective courts afores[ai]d,are
hereby directed, upon motion from either party in any cause that shall
be tried after the first of December next, and during the continuance of
this act, to put any juror to answer upon oath (whether returned as
afores[ai]d or a talisman) whether he doth expect to gain or loose by
the issue of the cause then depending ; whether he is any way related
to either party ; or directly or indirectly given his opinion, or is sensi-
ble of any prejudice in the cause. And if it shall then appear to said
court that such juror doth not stand indificrent in said cause, he shall
be set aside from the trial of that cause, and another appointed in his
stead.

And tvhereas, it frequently happens that many of the jurors so chosen
to serve in the several courts of judicature, within this province, fail of
attendance, and, by reason of challenges made by parties to several of
said jurors, the number of returned jurors are too few to serve at said
courts ; for remedy whereof, —

Be it enacted,

[Sect. 8.] That, from and after the first day [o/] December next,
and during the continuance of this act, it shall and may be lawful for
the justices of the courts afores[ai]d, when sitting, and as they shall
judge there is occasion, to cause new writts of venire facias to be forth-
with issued out and directed to the constables of the sev[era]l towns in
the county in which said court is held, for the appointm[e».]t and return
of so many good and lawful men, to serve upon the jury at said court,
as shall be directed in the writ; w[/ii]ch jurors shall be forthwith ap-
pointed, and, being notified and returned to the said court, shall be, and
hereby are, obliged to give their immediate attendance accordingl}',
under the penalty by this act provided for non-appearance of jurors.

And be it further eyiacted,

[Sect. 9.] That the fees of the petit jurors in the county of Suffolk,
at the sup[e9'iOtt]r court, shall be twelve shillings and sixpence for every
trial, the foreman to have eigliteen pence, and the other jurors twelve-
pence each.

[Sect. 10.] This act to continue and be in force until[l] the first day
of December, which shall be in the year of our Lord one thousand seven
iundred and fifty-nine, and to the end of the session of the gen [era] 1
court next after, and no longer. \_Passed October 13 ; published Octo-
ber 19.

[4th Sess.] Province Laws. — 1756^57. 997

CHAPTER 14.

AN ACT FOR PREVENTING ALL RIOTOUS, TUMULTUOUS AND DIS-
ORDERLY ASSEMBLIES OR COMPANIES OF PERSONS, AND FOR PRE-
VENTING BONFIRES IN ANY OF THE STREETS OR LANES WITHIN ANY
OF THE TOWNS OF THIS PROVINCE.

"Whereas many and great disorders have of late years been commit- Preamble,
ted by tumultuous companies of men, children and negroes, carrying i'52-53, chap. 18.
about with them pageants or other shews through the streets and lanes
of the town of Boston, and other towns witliin this province, abusing
and insulting the inhabitants, and demanding and exacting money by
menaces and abusive language ; and besides the horrid profaneness,
impiet}' and other gross immoralities usually found in such companies,
it has been found by experience that such practices tend greatly to
encourage and cultivate a turbulent temper and spirit in man}- of the
inhabitants, and an opposition to all government and order, —

Be it therefore enacted hy the Lieutenant- Governour, Council and
Souse of Represent[citi']ves,

[Sect. 1.] That if any persons, being more than three in number. Poisons dig.
and being armed all or any of them with sticks, clubs or an}" kind of fbout'wUh ^
weapons, or disguised with vizards, so called, or painted or discoloured p-'^s^.'xnts and
faces, or being in an}^ other manner disguised, shall assemble together, weapon^exact-'''
having any kind of imagery or pageantry- with them, as a publick shew, '"° '^°"'-"y' ^^■'
in any of the streets or lanes in the tovni of Boston or an}- other town
within this province, or if any person or persons being of or belonging
to any company having an}^ imager}^ or pageantry for a publick shew, —to be punished
shall, by menaces or otherwise, exact, require, demand or ask any money ^^ison°mJnt""
or anything of value from any of the inhabitants or other persons, in the
streets, lanes or houses of any town within this province, ever}' person
being of or assembled with such company, shall for each offence for-
feit and pay the sum of forty shillings, or suffer imprisonment not ex-
ceeding one month ; or if the offender shall be a negro servant, in lieu of Negroes, &c.,
the imprisonm[e?i]t, he may be whipped not exceeding ten stripes, at the "hcTd^by whip-
discretion of the justice before whom the trial shall be. P'»g-

And he it further enacted,

[Sect. 2.] That if any person [s] to the number of three or more. Persons carry-
between sun-setting and sun-rising, being assembled together in any of ^^f 'il'uhe'night
the streets or lanes of any town within this province, shall have any though un-
kind of imagery or pageantry for a publick shew, altho' none of the punished*.^''
company so assembled shall be armed or disguised, or exact, demand
or ask any money or thing of value, every person being of such com-
pany shall forfeit and pay the sum of forty shillings, or suffer imprison-
m[e/i]t not exceeding one month; or if the offender shall be a negro
servant, in lieu of the imprisonment, he may be whipped not exceed-
ing ten stripes, at the discretion of the justice before whom the trial
shall be.

And ivhereas bonfires have been sometimes kindled in the streets,
lanes and other parts of several of the towns in this province, to the
endangering the lives and estates of the inhabitants, —

Be it further enacted,

[Sect. 3.] That if any person or persons shall set fire to any pile, or Bonfires in
any combustable stuff, or be anyways concerned in .causing or making a forbidden. '^"'^^
bonfire in any street or lane, or any other part of any town within this
province, such bonfire being within ten perches of any house or build-
ing, every person so offending shall for each offence forfeit the sum of
forty shillings or suffer imprisonment not exceeding one month ; or if

998

Province Laws. — 175(3-57. [Chap. 15.]

Penalty.

Justice's power,
&c.

Masters and
parents liable
for their ser-
vants and chil-
dren.
Limitation.

the offender shall be a negro servant, in lieu of the iraprisonm[e?i]t, he
may be whipped not exceeding ten stripes, at the discretion of the jus-
tice before whom the trial shall be.

[Sect. 4.] And for the better execution of all and every the foregoing
orders, every justice of the peace, within his county, shall have power and
authority to convent before him any person or persons who shall offend
in any of the particulars before mentioned, and upon his own view, or
other legal conviction of anj- such offence, to impose the penalties and
fines aforesaid; and all the fines in this act, when recovered, shall be
one half to the informer, and the other half to and for the use of the
poor of the town where such offence shall be committed.

[Sect. 5.] And all masters are hereb}^ made liable to the payment of
the several fines as afores[ai]d, for the offences of their servants, and all
parents for the offences of their children under age, not being servants.

[Sect. 6.] This act to continue and be in force for the space of five
years from the twentieth of October, one thousand seven hundred
and fifty-six, and no longer. \^Fassed October 15 ; published Octo-
ber 19.

CHAPTEE 15.

AN ACT FOR CONTINUING "AN ACT FOR PREVENTING THE EXPORTA-
TION OF PROVISIONS AND WARLIKE STORES, OUT OF THIS PROV-
INCE."

Preamble. Whereas the act, [e] [?']ntitled "An Act for preventing the exporta-

1755-56, chap. 11. tion of pi'ovisions and warlike stores out of this province," passed in the
twenty-ninth year of his present majesty's reign, is near expiring ; which
said act hath been found beneficial, —

Be it therefore enacted by the Lieutenant-Governoiir, Council and House
of Representatives,

That the before mentioned act, with all the articles, clauses and mat-
ters therein contained, be and hereby is continued from the time of the
expiration thereof, to the twentieth day of December next, and no
longer. \^Passed October 21 ; * published October 19.

* According to the record, this act was signed October 22, 1756, and, again, February
26, 1757. The date of publication, which seems inconsistent with either of the dates of
signing, is taken from the printed volume of acts, — the only place in which it has been
found.

Continuance of
the act.

[7th Sess.] Peovixce Laws. — 1756-57. 999

ACTS

Passed at the Session begun and held at Boston,
ON the Sixth day of January, A. D. 1757.

CHAPTER 16.

AN ACT FOR ALTERING THE TIMES APPOINTED FOR HOLDING THE
SUPERIOUR COURT OF JUDICATURE, &c., IN THE COUNTIES OF
PL[I][F] MOUTH, BRISTOL AND BARNSTABLE.

Whereas the times appointed by law for holding the superiour court Preamble.
of judicature, court of assize and general goal delivery, within the coun- 1752.53, chap. 2t,
ties of Pl[i][?/] mouth, Bristol and Barnstable, are found to be incon- ^"41!^^'' ^^' '
venient in regard of the extream heat of the season, as well as in other
respects, —

Be it therefore enacted by the Lieutenant- Governo\u']r, Council and
House of Representatives^

[Sect. 1.] That for the future, the time for holding the superiour Times for hoid-
court of judicature, court of assize and general goal delivery, at PI[i][?/]- comumthe
mouth, within and for the county of PI [i][?/] mouth, shall be the last counties of
Tuesday in April, annually ; and that the time for holding the said court Bir™s°tabie, and
at Barnstable, for the counties of Barnstable and Dukes County, shall ^a^d'^Bris""!''^'
be the first Tuesday in May, annuall}' ; and that the time for holding
the said court at Taunton, within and for the county of Bristol, shall be
the second Tuesday in October, annual!}'.

And he it further enacted,

[Sect. 2.] That all writ[t]s and other processes already issued, ah processes
returnable to the said court at the days heretofore appointed for holding to be tfiwi at^'*^'
the same in the several counties aforesaid, shall be returned, and all said courts.
matters depending at said court, in either of said counties, shall be pro-
ceeded, on at the days respectively appointed by this act for holding the
same. And all officers and other persons concerned, are required to
conform themselves accordingly. \_Passed February 25 ; * published
February 28, 1757.t

* February 26, according to the record.

t On the engrossment, the date of publication is wiitten Februaxy 23; but it is assumed
that this is an error of the engrossing clerk.

1000 Peovixce Laws.— 1756-57. [Chap. 17.]

CHAPTER 17.

AN ACT IN FURTHER ADDITION TO AN ACT, [E][7]NTITLED "AN ACT
FOR REGULATING THE ASSIZE OF CASK, AND PREVENTING DECEIT
IN PACKING FISH, Sid^l, FOR SALE," MADE IN THE FOURTH YEAR OF
KING WILLIAM AND QUEEN MARY.

Preamble. Great complaiiits having been made of fraud in the cask, and manner

1692.93, chap. 17. ^^ packing maclvcrel and other pickled fish, notwithstanding the pro-
vision heretofore made for preventing it ; therefore, —

Be it enacted by the Lieutenant-Governo\_u'\r, Council and House of
Hepresentatives,
AssUeof cask. [Sect. 1.] That all casks for pickled fish shall be made of staves,
which shall be, [when] [weW] worked, twenty-nine inches long, and the
head shall be of the diameter of seventeen inches and an half; and the
chine or part of the stave without each head, not more than an inch and
an half; and the head not more than an inch thick ; the cask to have the
usual bilge, and to be tight and well made; or otherwise, shall hold
thirt^'-one gallons and an half, and be marked, befor[e] packing, by a
guager duly appointed and sworn.
And be it further enacted,
fir^h'^lc^"^' [Sect. 2.] That the mackerel and other pickled fish, shall be care-
fully pack[e]'d, well salted, and duly fill[e]'d by a packer chosen and
sworn for the purpose, the whole of each barrel[l] to consist of the same
kind of fish ; and every packer shall brand each barrel [1] thus made and
pack[e]'d, with the first letter of his Christian name, and his sirname
at length, and with the first letter of the name of the town where the
fish is pack[6]'d, for which he shall be paid by the owner of such fish,
at the rate of eightpence by the ton, and no more.
And be it farther enacted,
fhowhi"'oi-o°ff(r [Sect. 3.] That all and every person or persons who shall, after the
iiigtosaioiish first day of March, one thousand seven hundred and fift3^-eight, offer or
abovc^'^"^^'^ '^^ shew for sale any cask or casks of mackerel or other pickled fish not
branded, or smaller than the barrel[l]s or casks described above, or
where there shall be any fraud in packing the fish, the person or persons
so offering them to sale, shall forfeit such cask of fish ; and any justice
of peace, on complaint made, may and shall issue his warrant for seiz-
ing and securing such forfeiture for trial.
And be it further enacted,
l^'^^a^Vui ack [Sect. 4.] That every packer who shall pack and brand any barrels
iiig"or'bVandiug' or caslcs whicli are smaller than above directed, or fraudulently
pack[e]'d, for every such offence, shall incur [r] the penalty of twenty
shillings for each barrel [1] thus unjustly branded.
Preamble. And incismuch as it is found very diflScult for such persons as are

appointed packers in sundry maritime towns, to repair, in order to be
sworn, to the town where the court of general sessions of the peace is
held, which is now requisite, —
Be it enacted and ordered.
Packers maybe [Sect. 5.] That such paclvcrs may be sworn before any one justice
just^c'e. ^ °'^^ of the peace for such county, in such town or place as ma)^ be nearest
or most convenient, such justice certifying the caption to the clerk of
the court of general sessions of the peace, at or before the next sitting
of said court : provided, that this act shall not be construed or under-
stood to prohibit the packing of oysters, or other kinds offish, in kegs,
which have heretofore usually been packed in such small casks.
And be it further enacted,
Disposal of rSECT. 6.1 That all fines and forfeitures by this act, shall be and

fines. ■- -* ,i '

[7th Sess.] Province Laws.— 1756-57. 1001

belong, one half to his majesty for the use of this province, and the other
half to him or them who shall inform and sue for the same. [Passed
February 25 ; * published February 28, 1757.

CHAPTER 18.

AN ACT IN ADDITION TO AN ACT MADE AND PASSED IN THE FIFTH
YEAR OF THE REIGN OF THEIR LATE MAJESTIES WILLIAM AND
MARY, INTITLED '< AN ACT FOR HIGHWAYS."

Whereas in and by an act made and passed in the fifth year of the Preamble,
reign of their late majesties King William and Queen Mar}', intitled V'p'^^' ''^*^' ^'
" An Act for highwa3'S," it is provided, that where highways or common
roads are wanting, or where old ways may with more convcniency be
turned or altered, upon application made to the justices in quarter-ses-
sions in the county where they are wanted, they having first, by a com-
mittee, enquired into the necessity and conveniency thereof, the said
justices are to order the same to be laid out or altered by a jury to be
summoned by the sheriff for the said purpose ; which method is found
inconvenient, and causes great and needless charge to the respective
counties in this province ; for remedy whereof, —

Be it enacted by the Lieictenant-Gover7iour, Council and House of
Representatives,

. [Sect. 1.] That where a new highway or common road from town to Courtofses-
town, or place to place, shall be wanting, or where an highway or com- acommutee'to*
mon road already laid out, stated and established, may or can with jay out or alter
greater convenience be turned or altered, upon application made to the '^ ^^^^'
justices of the court of general sessions of the peace, within the same
county, and it being judged by them to-be of common convenience or
necessit}', to have such new way laid out or old one altered, the said
court be and hereby are impowered to appoint a committee of five dis-
interested, sufficient freeholders in the same county to view and lay out
such highway or road ; which committee shall give seasonable notice to
all persons interested of the time and place of their meeting, and shall
be under oath to perform the said service according to their best skill
and judgment, with most convenience to the publick, and least prejudice
or damage to private property ; and shall also ascertain the i)lace and
course of said road in the bes^ way and manner they can ; which, hav-
ing done, the said committee, or the major part of them, shall make Return to he
return thereof to the next court of general sessions of the peace, to be court *° ^^"^
held in the said county, after the said service is performed, under their
hands and seals, to the end the same may be allowed and recorded, and
after known for a publick highway.

Provided, nevertheless^ —

[Sect. 2.] That if an}' person be damaged in his property, by the Proviso.
laying out or altering such highway, the town or district where the
same is shall make such person or persons reasonable satisfaction ac-
cording to the estimation of the committee, or major part of them, who
laid out the same ; which said committee are impowered and required,
under oath, to estimate the same, and make return thereof as aforesaid.;
and if such person or persons so damaged find him- or themselves
agrieved by any act or thing done by the said committee, in laying out
said way or estimate of his or their damages, he or the}' may apply
unto the court of general sessions of the peace, provided such applica-

* Februaiy 26, according to the record.
126

1002 Peovince Laws.— 175G-57. [Chap. 19.]

tion be made to the court that, shall be held in such county next after
such return ; and said court is hereby impowered to hear and determine
the same, and shall and may enquire by a jury, under oath, to be sum-
moned by the sheriff or his deputy for said purpose, if the person com-
plaining desires the same ; and if the jury shall not alter said wa}', or
increase the damages, the person complaining shall be at all costs, to
be taxed against him by said court, otherwise such cost shall be paid
by the county ; and the increase of damage found by the jury shall be
p[ai]d by the town or district in which such way shall be laid.
A)id be it further enacted,
Jury's verdict to [Sect. 3.] That the vcrdict of such jury, return thereof being made,
age?anl"fix'*'"' uuder their hands and seals, to said court, shall conclude the person or
highways. persous Complaining [and] w[i]th regard to the damage, [and] also fix

and determine the place of such road or highway, and re[cjcord shall be
made thereof accordingly. [^Passed February 19 ; * published February
28, 1757.

CHAPTER 19.

AN ACT :^0E, GRANTING UNTO HIS MAJESTY SEVERAL RATES AND
DUTIES OF IMPOST AND TUNNAGE OF SHIPPING.

We, his majesty's most dutiful and loyal subjects, the representatives
of the provifice of the Massachusets Bay, in New England, being desir-
ous of lessening the public debts, have chearfull}^ and unanimously
given and granted, and do give and grant, to his most excellent
majesty, for the service of this province, as they shall hereafter apply
it, the several duties of impost upon all liquors, wines, goods 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 Lieutenant- Governour, Council
and House of Bejyresentatives,

[Sect. 1.] That from and after the twenty-sixth day of March, one
thousand seven hundred and fifty-seven, to the twentj^-sixth day of
March, one thousand seven hundred and fifty-eight, there shall be paid
by the importers of all wines, rum and other liquors, goods, wares and
merchandize, that shall be imported into this province bj' any of the
inhabitants thereof (except what is by this act hereafter exempted),
the several rates and duties of impost following ; viz'., —

For every pipe of wine of every sort, ten shillings.

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

For every hogshead of sugar, fourpence.

For every hogshead of molasses, fourpence.

For every hogshead of tobacco, ten shillings.

For every pound of tea that shall be imported from any of his majes-
ty's plantations in America, one shilling.
— And so, proportionably, for greater or less quantities.

And for all other commodities, goods or merchandize not mentioned,
or not excepted, fourpence for every twenty shillings value : excepting
such goods as are the product or manufacture of Great Britain.

[Sect. 2.] And for any of the above-mentioned liquors, goods, wares
and merchandize (excepting tea, which shall pay only one shilling), that
shall be imported into this province by any of the inhabitants of the

* Signed February 26, according to the record.

[7th Sess.] Province Laws.— 1756-57. 1003

other provinces or colonies on this continent, or of the English West-
India Islands, in any ship or vessel to them belonging, on the proper
account of any of the said inhabitants of the said provinces, colonies
or islands, there shall be paid by the importers double the impost laid
by this act : provided always, that every thing which is the growth
or produce of the provinces or colonies aforesaid (tobacco and bar-iron
excepted), and all provisions, salt, cotton-wool, pig-iron, mohogony,
black-walnut, lignura-vitte, red-cedar, log-wood, brazilletto-wood, hemp,
raw skins and hides, and also all prize goods brought into and con-
demned in this province, are and shall be exempted from every the rates
and duties aforesaid.

And he it further enacted,

[Sect. 3.] That all goods, wares and merchandize, the property of
any of the Inhabitants of any of the neighbouring provinces or colonies
on this continent, that shall be imported into this province, and shall
have paid, or for which there shall have been secured to be paid, the
duty of impost, by this act provided to be paid, and afterwards shall
be exported and landed in any of the said provinces or colonies on this
continent, then, and in such case, the exporter producing a certificate
from some ofHcer of his majesty's customs, that the same have been
landed in some of the provinces or colonies aforesaid, shall be allowed
a drawback of the whole duty of impost by him paid, or secured to be
paid, as by this act provided.

And he it further enacted,

[Sect. 4.] That the master of every ship or vessel coming into this
province from any other place, shall, within twenty-four hours after his
arrival in any port or harbour, and before bulk is broken, make report
and deliver a manifest, in writing, under his hand, to the commissioner
aforesaid, of the contents of the loading of such ship or vessel, therein
particularly expressing the species, kind and quantities of all wines,
liquors, goods, wares and merchandize imported in such ship or vessel,
with the marks and numbers thereof, and to whom the same are con-
signed ; and make oath before the commissioner that the same manifest
contains a just and true account of all the lading taken on board and
imported in such ship or vessel, so far as he knows or believes ; and that
if he knows of any more wines, liquors, goods, wares or merchandize
laden on board such ship or vessel, and imported therein, he will forth-
with make report thereof to the commissioner aforesaid, and cause the
same to be added to his manifest.

And he it further enacted,

[Sect. 5,] That if the mastei: of any ship or, vessel shall break
bulk, or sutler any of the wines, liquors, goods, or wares and merchan-
dize imported in such ship or vessel to be unloaden before report and
entry thereof be made as aforesaid, he shall forflet the sum of one hun-
dred pounds.

And he it further enacted,

[Sect. 6.] That all merchants and other persons, being owners of
any wines, liquors, goods, wares or merchandize imported into this
province, for which any of the rates or duties aforesaid are payable,
or having the same consigned to them, shall make an entr}^ tliereof
witU the commissioner aforesaid, and produce an invoice of all such
goods as pay ad valorem, and make oath before him in form following ;
viz'., —

You, A. B., do swear that the entry of the goods and merchandize by you
noAV made, exhibits the sterling value of said goods, and that, bond fide,
according to your best skill and judgment, it is not less than that value.
So help you God.

1004 Peovince Laws.— 1756-57. [Chap. 19.]

— which oath the commissioner or receiver appointed in consequence of
this act is hereby impowered and directed to administer ; and the
owners aforesaid shall pa3^to said commissioner, or give security to pay,
the duty of impost by this act required, before such wines, liquors,
goods, wares or merchandize be lauded or taken out of the vessel in
which the same shall be imported.

[Sect. 7.] And no wines, liquors, goods, wares or merchandize that
by this act are liable to pay impost or duty, shall be landed on any
wharf, or in any warehouse or other place, but in the daytime only,
and that after sunrise and before sunset, unless in the presence or with
the consent of the commissioner or receiver, on pain of forfieting all
such wines, liquors, goods, wares and merchandize, and the lighter,
boat or vessel out of which the same shall be landed or put into any
warehouse or other place.

[Sect. 8.] 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 are, shall be gauged at the
charge of the importer, that the contents thereof may be known.

Provided., nevertheless, —

[Sect. 9.] That the said commissioner shall be and he hereby is
allowed to give credit to such person or persons whose duty of impost
in one vessel shall not exceed six pounds ; which credit shall be so
limitted as that he shall settle and ballance his accounts with every
person, on or before the twenty-sixth da}' of March, one thousand seven
hundred and fift3'-eight, that the said accounts maj' be produced to this
court as soon as may be after ; and for all entries where the impost to
be paid doth not exceed three shillings the said commissioner shall not
demand anything, and not more than sixpence for any other single
entry, to what value soever.

And be it further enacted,

[Sect. 10.] That the importer of all wines, liquors, goods, wares
and merchandize, from and after the twenty-sixth day of March next,
and untill the twenty-sixth of March, one thousand seven hundred and
fifty-eight, by land-carriage, or in small vessels or boats, shall make
report and deliver a manifest thereof to the commissioner aforesaid or
his deputy, therein particularly expressing the species, kind and quan-
tity of all such wines, liquors, goods, wares and merchandize so im-
ported, with the marks and numbers thereof, when, how and b}^ whom
brought ; and shall make oath, before the said commissioner or his deputy,
to the truth of such report and manifest, and shall also pay or secure
to be paid the several duties aforesaid by this act charged and charge-
able upon such wines, liquors, goods, wares and merchandize, before
the same are landed, housed or put into any store or place whatsoever.

And be it farther enacted,

[Sect. 11.] That every merchant or other person importing any wines
in this province, shall be allowed twelve per cent for leakage : pi'o-
vided, such wines shall not have been filled up on board ; and that
ever}^ hogshead, butt or pipe of wine that hath two-thirds 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 for-
fieting the sum of one hundred pounds.

[Sect. 12.] And if it may be made to appear that any wines im-
ported in any ship or vessel be decayed at the time of unloading thereof,
or in twenty days afterwards, oath being made before the commis-
sioner or receiver that the same hath not been landed above that time.

[Ttii Se.*s.] Peovixce Laavs.— 175G-57. 1005

the duties and impost paid for such wines shall be repayed unto the
importer thereof.

And be it farther enacted.,

[Sect. 13.] That the master of ever}' ship or vessel importing any
liquors, wines, goods, wares or merchandize, shall be liable to paj''
the impost for such and so much thereof, contained in his manifest, as
shall not be duly entered, and the duty paid for the same by the person
or persons to whom such wines, liquors, goods, wares or merchandize
are or shall be consigned. And it shall and may be lawful, to and for
the master of every ship or other A-essel, to secure and detain in his
hands, at the owner's risque, all such wines, liquors, goods, wares and
merchandize imported in any ship or vessel, untill he receives a cer-
tificate, from the commissioner or receiver of 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 and merchandize as are not entered, 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, untill the impost thereof, with the charges, be paid or secured
to be paid; and then to deliver such wines, liquors, goods, wares or
merchandize as such master shall direct.

And he it further enacted,

[Sect. 14.] That the commissioner or 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 of 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 entered and the duty of impost therefor not paid or secured
to be paid. And where any goods, wares or merchandize are sucli 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 thei-eof 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. 15.] That the ship or vessel, with her tackle, apparel and
furniture, the master of which shall make default in an^-thing by this
act required to be performed by him, shall be liable to answer and make
good the sum or sums forfieted by such master, according to this act, for
any such default, as also to make good the impost or duty for all
wines, liquors, goods, wares and merchandize not entered as aforesaid,
or for which the duty of impost has not been paid ; and, upon judgment
recovered against such master, the said ship or vessel, with so much of
the tackle or appurtenances thereof as sliall be sufficient to satisfy
said judgment, may be taken by execution for the same ; and the com-
missioner or receiver of the impost is hereby impowered to make
seizure of the said ship or vessel, and detain the same under seiz-
ure untill judgment be given in any suit to be commenced and pros-
ecuted for any of the said forfietures, or for the duty aforesaid ;
to the intent, that if judgment be rendered for the prosecutors or
informer, 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 of such ship or vessel from
under seizure or restraint, shall give sufficient security unto the com-
missioner or receiver of impost that seized the same, to respond or
satisfy the sum or value of the forfietures and duties, with charges, that
shall be recovered against the master thereof, upon such suit to be

1006 PnoviNCE Laws.— 1756-57. [Chap. 19.]

. brought for the same, as aforesaid ; and the master occasioning such
loss or damage unto his owners, through his default or neglect, shall
be liable to their action for the same.

And be it further enacted,

[Sect. 16.] That the naval officer within any of the ports of this
province shall not clear or give passes to any master of an}' ship or
vessel, outward bound, until he shall be certified, by the commis-
sioner or receiver of the impost, that the duty and impost for the goods
last imported in such ship or vessel are paid or secured to be paid.

[Sect. 17.] And the commissioner or receiver of the impost is
hereby impowered to allow bills of store to the master of an}' sliip or
vessel importing any wines or liquors, for such private adventures as
shall belong to the master or seamen of ship or vessel, at the dis-
cretion 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 for the more effectual preventing any wines, rum or other dis-
tilled spirits being brought into the province from the neighbouring
governments, by land, or in small boats or vessels, or any other way,
and also to prevent wines, rum or other distilled spirits being first
sent out of this province, and afterwards brought into the government
again, to defraud the government of the duties of impost, —

Be it enacted,

[Sect. 18.] That the commissioner and receiver of the aforesaid
duties of impost shall, and he is hereby impowered and enjoined to,
appoint one suitable person or persons as his deputy or deputies, in all
such places of this province where it is likely that wine, rum or other
distilled spirits will be brought out of other governments into this ;
which officers shall have power to seize the same, unless the owner shall
make it appear that the duty of impost has been paid therefor since
their being brought into or relanded in this government ; and such offi-
cer or officers are also impowered to search, in all suspected places, for
such wines, rum and distilled spirits or tea brought or relanded in this
government, where the duty is not paid as aforesaid, and to seize and
secure the same for the ends and uses as in this act is hereafter provided.

And he it further enacted,

[Sect. 19.] That the commissioner or his deputies shall have full
power to administer the several oaths aforesaid, and search in all
suspected places for all such wines, rum, liquors, tea, goods, wares and
merchandize as are brought into this province, and landed contrary to
the true intent and meaning of this act, and to seize the same for the
uses hereinafter mentioned.

And be it further enacted,

[Sect. 20.] That if the said commissioner, or his deputy, shall have
information of any wines, rum or other distilled spii'its, or tea, being
brought into and landed in any place in this province, for which the
duties aforesaid shall not have been paid after their being brought into
or relanded in this government, he may apply to any justice of the peace
within the county, for a warrant to search such place ; and said justice
shall grant such warrant, directed to some proper officer, upon said com-
missioner or his deputy's making oath that he hath had information as
aforesaid ; and having such warrant, and being attended by such officer,
the said commissioner or bis deputy may, in the daytime, between sun-
rising and sun-setting, demand admittance of the person owning or oc-
cupying such place, and, upon refusal, shall have right to break open
such place ; and, finding such liquors, or tea, may seize and take the
same into his own custody ; and the commissioner aforesaid, or his dep-
uty, shall be and hereby is impowered to command assistance, and to

[7th Sess.] Province Laws. — 1756-57. 100"

impress carriages necessary to secure the liquors or tea seized as afore- '
said ; and any persons refusing assistance, or preventing any of the
said officei's from executing their office, shall forfeit five pounds to the
said commissioner ; and he or his deputy shall make reasonable satis-
faction for the assistance afforded, and carriages made use of, to secure
the liquors or tea seized as aforesaid ; and the commissioner or his dep-
uty shall then file an information of such seizure in the infcriour court
of common pleas for the county wherein such seizure shall be made,
which court shall summon the owner of such liquors or tea, or the occu-
pier of such shop, house or warehouse, or distill-house, where the same
were seized, to appear, and shew cause, if any he has, why said liquors
or tea so seized shall not be adjudged forfeited ; and if such owner or
occupier shall not shew cause as aforesaid, or shall make default, the
said liquors or tea shall be adjudged forfeited, and the said court shall
order them to be sold at publick vendue ; and the nett produce of such
sale shall be paid, one half to the province treasurer for the use of this
province, and the other half to the said commissioner.

And be it farther enacted,

[Sect. 21.] That there shall be paid, by the master of every ship or
other vessel, coming into any port or ports of this province, to trade or
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 Pennsylvania, West and East Jersey, Connecticut, New York, New
Hampshire and Rhode Island), ever}' vojage such ship or vessel doth
make, one pound of good pistol-powder for ever}- ton such ship or vessel
is in burthen : saving for that part which is owned in Great Britain,
this province, or any of the aforesaid governments, which is 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. 22.] And the said commissioner is hereby impowered to ap-
point a meet and suitable person, to repair unto and on board an}^ ship
or vessel, to take the exact measure and tunnage thereof, in case he
shall suspect 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 shall be cleared,
in case she shall appear to be of a greater burthen : otherwise, to be paid
by the commissioner out of tlie raouc}' 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 certified, ,
also, b}^ the 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 he it further enacted,

[Sect. 23.] That when and so often as any wine, rum or tea imported
into this province, the aforesaid duty of impost upon which shall have been
paid agreable to this act, shall be reshipped and exported from this gov-
ernment to any other part of the world, that then, and in every such case,
the exporter of such wines or rum or tea shall make oath, at the time of
shipping, before the receiver of impost, or his deputy, that the whole of
the wine or rum or tea so shipped has, bond fide, had the aforesaid duty
of impost paid on the same, and shall afterwards produce a certificate,
from some officer of the customs, that the same has been landed out of
this government, — or otherwise, in case such rum or wines or tea shall
be exported to any place where there is no officer of the customs, or to
any foreign port, the master of the vessel in which the same shall be
exported shall make oath that tlie same has been landed out of the
government, and the exporter shall, upon producing such certificate, or
upon such oath of the master, make oath that he verily believes no part

1008 Province Laws.— 175G-57. [Chap. 19.]

of said wines, rum or tea has been relanded in this province, — such
exporter shall be allowed a drawback from the receiver of impost as fol-
lows ; viz'., —

For every pipe of wine, eight shillings.

For every hogshead of rum, six shillings.

And for ever}' pound of tea, one shilling.

Provided, ahvays, —

[Sect. 24.] That if, after the shipping of such wine or rum or tea,
to be exported, as aforesaid, and giving security as aforesaid, in order
to obtain the drawback aforesaid, the wine or rum or tea so shipped to
be exported, or any part thereof, shall be relanded in this province, or
brought into the same from any other province or colon}', that then all
such wine, rum and tea, so relanded and brought again into this prov-
ince, shall be forfeited and may be seized by the commissioner afore-
said, or his deputy.

And be it farther enacted,

[Sect. 25.] 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 oflice, 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, or other places besides that
in which 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 as aforesaid that shall become due within such port, and to render
the account thereof, and to pay in the same, to the saitl 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 aris-
ing on the said vessel may appear ; and the same to lye open, at all
seasonable times, to the view and perusal of the treasurer or 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 monies as shall be in his hands, as tlio
treasurer or receiver-general shall demand it. And the said commis-
sioner or receiver and his deputy or deputies, before their entering upon
the execution of their said office, shall be sworn to deal truly and faith-
fully therein, and shall attend in the said office from ten of the clock in
the forenoon, until one in the afternoon.

[Sect. 26.] And the said commissioner or receiver, for his labour,
care and expences in the said office, shall have and receive, out of the
province treasury', at the rate of sixty pounds per annum ; and his
deputy or deputies shall receive for their service such sums as the said
commissioner of impost, together with the province treasurer, shall
judge necessary, for whatever sums they shall receive and pay ; and
the treasurer is hereby ordered, in passing and receiving the said com-
missioner's accounts, accordingly, to allow the payment of such salary
or salaries, as aforesaid, to himself and his deputies.

And be it further enacted,

[Sect. 27.] That all penalties, fines and forfeitures accruing and
arising in consequence of any breach of this act, shall be one half to his
majesty for the use of this province, 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.

[7th feESS.J Pkovince l^Aws.— 1756-57. 1009

And be it further enacted^

[Sect. 28.] That from and after the. commencement of this act, in all
causes where any claimer shall appear, and shall not make good the
claim, the charges of prosecution shall be born and paid by the said
claimer, and not by the informer. [Passed February 25, 1757.*

CHAPTER 20.

AN ACT IN ADDITION TO AN ACT, INTIT[U]LED "AN ACT FOR ^HE
BETTER REGULATING THE CHOICE OF PET[TY][7r] JURORS."

Whereas in and by an act made and pass[e]'d in the thirtieth year Preamble.
of his present majesty's reign, intitled "An Act for the better regu- n56.57,chap.i3,
lating the choice of petit jurors," it is, among other things, enacted,
" that the selectmen of each town within this province shall, within their
respective towns, some time before the first of December nest, take a
list of the persons, liable by law, and which they shall judge able and
well qualified, to serve on the petit juries, and la}- the same before the •
town, at a meeting to be immediatel}^ call[e]'d for that purpose; and
the town shall, respectively, at such meeting, select out of the list, such
as they judge most suitable to serve as jurors, and put their names,
written on sei^erate p[ei][/e]«?s of paper, into a box, to be provided by
the selectmen for that purpose, and deliver the same to the town clerk,
to be by him kept under lock and key." And it being represented to
this court, that the town of Boston did not conform to the directions
of said act, through inadvertence, before the first of December last,
in taking a list of such inhabitants as were qualified to serve as petit
jurors, but in said month of December, in the choice of petit jurors for •

the inferiour court of common pleas now sitting for the county of
Suffolk, said town proceeded according to the act made in the thir- 1737-38, chap. 20.
teenth year of his present majesty's reign, relating to the choice of 1741-42, chap. is.
petit jurors, and have accordingly made return to said court of the
persons then drawn to serve as petit jurors ; and ivhereas it is very
probable that many other towns in this province did not, before said
first of December, take a list of the inhabitants qualified to serve
in such towns as petit jurors and conform to said act, but have pro-
ceeded according to the act made in the thirteenth year of his present
majesty's reign, whereb}^ great disputes may arise as to the legality of
the choice and return of such jurors, and the verdicts they may have
given or shall give in all causes tryed and to them committed ; for the
remedy whereof, and to confirm the proceedings of such towns, —

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

That the choice and return of the petit jurors made by the town of choice of petit
Boston to the said inferiour court now sitting, and of any other towns ("wn of Boaton
that have not conform'd to the act aforesaid, pass'd in October last, confirmed.
shall be and hereby is adjudged and held good and valid, and the ver-
dicts given, or that shall be given in all causes committed to them,
shall be effectual to all intents and purposes ; and also that such towns Selectmen to
as did not, before said first of December, take said liist, are hereby fhe^hoic'l^of^"'
allowed and directed to take said list some time on or before their retu jiirors
annual meetings in March next, and then proceed in the same manner in ann°uai meeting
all things as they are directed by said act; and until[l] said annual *" March.
meeting said towns are impowered, in their choice of petit jurors, to

* February 26, according to the record.
127

1010

Province Laws. — 1756-57.

[Chap. 2L]

proceed upon the lists given in the last year, and the choice to be made
and returned shall be and hereby is deemed to be good and effectual in
law, anything in the act pass[e]d in October last notwithstanding.
[Passed January 10 ;* published January 11, 1757.

CHAPTER 21.

[A
Dli

CT FOR GRANTING UNTO HIS MAJESTY AN EXCISE UPON SPIRITS
STILLED, AND WINE. AND UPON LIMES, LEMMONS AND ORANGES.

Preamble.

Time of this
act's continu.
ance.

Account to be
taken.

We, his majesty's most loyal and dutiful subjects, the representatives
of the province of the Massachuset[i]sBay, in general court assembled,
being desirous to lessen the present debt of the province, have chear-
fully and unanimously granted, and do hereby give and grant unto his
most excellent majesty, for the end and use above mentioned, and for
no other use, an excise upon all rum and other spirits distilled, and
upon all wines whatsoever, and upon lemmons, limes and oranges, to
be raised, levied, collected and paid in manner and form following : —

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

[Sect. 1.] That from and after the twenty-sixth day of March, one
thousand seven hundred and fift3'-seven, and until[l] the twenty-sixth
day of March, one thousand seven hundred and fift^^-eight, every person
al[l]ready licenced, or that shall be hereafter licenced, to retail rum or
other spirits distilled, or wine, shall pay the duties following : —

For every gallon of rum and spirits distilled, fourpence.

For every gallon of wine of every sort, sixpence.

For every hundred of lemmons or oranges, four shillings.

For every hundred of limes, one shilling and sixpence.
— And so proportionably for any other quantity or number.

And be it further enacted,

[Sect. 2.] That every retailer of rum, wine or spirits distilled,
taverner, innholder and common victualler, shall, on the said twentj'-
sixth day of March next, take a just and true account, in writing, of all
wine, rum and spirits distilled, and of all limes, lemmons and oranges
then by him or her, or in his or her possession ; and that every person
who shall be hereafter licenced to be taverner, innholder, common
victualler or retailer of wine, rum or spirits distilled, shall take a like
account of all wine, rum and other spirits distilled, and of all limes,
lemmons and oranges hj him or her, or in his or her possession, at the
time of such licence granted ; and that every taverner, innholder, com-
mon victualler and retailer of rum or other spirits distilled or wine,
shall make a fair entry, in a book by them respectively to be kept for
that purpose, of all such rum or other spirits distilled, or wine, as he or
she, or any person or persons for him or her, shall buy, distil [1], take
in or receive after such first account taken, and when and of whom the
same was bought and taken in ; and at the expiration of every half year
shall take a just and true account how much thereof then remains by
them ; and shall, in writing, under their hands, render to him or them
that shall farm the duties aforesaid, the whole of those several accounts,
and shall also, if requested, make oath, in the form following, before
such farmer or farmers, who are hereby impowered to administer the
same : —

Signed January 11, and, again, February 26, according to the record.

[7th Sess.] Pkovixce Laws. — 175G-57. 1011

You, A. B., do swear that the account by you now rendered is, to the best Form of the
of your knowledge, a just and true account of all the wines, rum and dis- °^^-
tilled spirits, limes, lemmons and oranges you had by you, or in your pos-
session, on the twenty-sixth day of March, one thousand seven hundred and
fifty-seven ; and also of all the wine, rum and other distilled spirits bought,
distilled, taken in or received by you, or by any person or persons for or
under you, or by or with your knowledge, allowance, consent or connivance,
and that there still remains thereof in your possession unsold, so much as is
in this account said to remain by you unsold ; and that you do not know or
bel[ei] [*c]ve that there hath been by you, or by any other person or persons
for or under you, or by your or their order, allowance, consent or conniv-
ance, either directly or indirectly, sold, used or consumed any wine, or any
liquor for, or as, wine ; any rum or distilled spii*its, or liquor for, or as, rum
or distilled spirits ; or that there hath been any limes, lemmons or oranges
by you, or by any person or persons for or under you, or by your order,
consent, allowance or connivance, used or consumed in making punch, or
otherwise, since the said twenty-sixth day of March, besides what is con-
tained in the account by you now rendered. So help you God.

[Sect. 3.] And for every person that was not licenced on the said
twenty-sixth day of March, the form of the oath shall be so varied, as
that instead of expressing- the day aforesaid, the time of taking and
rendering their last account shall be inserted and used ; and for every
person rendering an account after the first, the oath shall be so varied,
as that instead of expressing the day aforesaid, the time of taking and
rendering their last account shall be inserted and used.

[Sect. 4.] And every such taverner, innholder, and common victual- Duties to be
ler and retailer shall pay the duties aforesaid to him or them that shall former.*''*^
farm the same, or the whole of the several articles mentioned in such
account rendered, save only for such part thereof as remains in their
hands unsold: provided, nevertheless, that for leakage, &c'^''^., ten per Ten per cent
cent shall be allowed them on all liquors in such account mentioned, j^g^^^e ^^^
besides what remains in their hands unsold.

And be it further enacted,

[Sect. 5.] That every person hereafter licenced to be a taverner, Tavemer, &c.,
innholder, common victualler or retailer of wine, rum or spirits distilled *° ^^^^ ^°°*^-
shall, within thirty days after such licence granted, and before he or
she sell by virtue of the same, not only become bound to keep good
rule, dcc!^*^., as by law is already required, but shall also become bound,
with sufficient sureties, by way of recognizance, to his majesty, for the
use of him or them that have or shall farm the duties aforesaid, in a
sufficient sum, to be ordered by the court that grants the licence, which
sum shall not be less than fifty pounds, conditioned that the}' shall keep
and render the accounts aforesaid, and pay the duties aforesaid, as in
and by this act is required.

And be it further enacted,

[Sect. 6.] That every such taverner, innholder, common victualler Forfeiture for
and retailer, who shall neglect or refuse to take, keep and render such rn|and"ender."
accounts as by this act are required, or that shall neglect or refuse to take ing account.
the oath aforesaid, if required, shall forf[ie][et]t and pa}-, to him or them
that shall farm the duties aforesaid, double the sura which the court of
general sessions of the peace in that county shall adjudge that the duties
of excise upon the liquors, limes, lemmons and oranges by such tav-
erner, innholder, common victualler or retailer, or by any for or under
him or them, sold, used or consumed would have amounted to ; and no
persons shall be licenced by the justices of the general sessions of the
peace who hath not accounted with the farmer, and paid him the excise
aforesaid, due from such person at the time of his or her taking or
renewing such licence.

And whereas, notwithstanding the laws made against selling strong preamble.

1012 Province Laws.— 1756-57. [Chap. 21.]

drink without licence, many persons, not regarding ttie penalties of
said acts, do receive and entertain persons in their houses, and sell
great quantities of spirits and other strong drink, without licence ; by
reason whereof great debaucheries are committed and kept secret, and
such as take licences and pay the duties of excise therefor are greatly
wronged, and the farmers unjustly deprived of their dues, —
Be it therefore enacted,
fo^loUhigwiUi* [Sect. 7.] That if an}^ distiller, importer or any other person what-
out license. soever, after the said twenty-sixth day of March, shall presume,
directly or indirectly, to sell any rum or other distilled spirits, or wine,
in less quantity than twenty-five gallons, or any beer, ale, cyder, perry
or other strong drink, in any quantity less than ten gallons, without
licence first had and obtain [e]'d from the court of general sessions of
the peace in that count}', and recognizing in manner as aforesaid, shall
forf[ie][etit and pay for each offence, the sum of four pounds, lawful
money, and costs of prosecution, one half to the farmer of said duties
and the other half to the informer ; and all such as shall neglect or
refuse to pay the fine aforesaid, shall stand closelj^ committed in the
common goal of the county, and not have the liberty of the goaler's
house or yard, until [1] said sum of four pounds is paid, with fjosts ; and
any goaler giving liberty contrary to this act, shall forf[ie][ei]t and
pay the said sum of four pounds, and costs of prosecution.

And ivhereas, in order to elude the design of this act, some persons
may join together and bu}' wine, rum, brandy and other spirits distilled
in quantities above twenty-five gallons, and afterwards divide the same
among themselves in less quantities, —
Be it therefore enacted,
licensed "oiiiin [Sect. 8.] That whcrc two or morc persons, not licenced as afore-
together in pur. said, shall join together, and purchase rum, brandy or other spirits dis-
andTvidiiigThe distilled, or wiuc, or shall employ any other person not licenced as
same, liable to a aforesaid to do it, and shall afterwards divide the same, or cause it to
be divided among themselves, or otherwise, in less quantit[y][ie]s than
twenty-five gallons, they shall bo deemed and taken to be sellers of
such rum, brandy and other distilled spirits and wine, and each and
every of them shall be subject to the same pains, penalties and
forf[ie][ei]tures as any person by this act is who shall sell rum or
other spirits distilled, or wine, without licence first had and obtained.

And whereas some doubts have arisen whether the lending or deliver-
ing rum, brandy or other spirits distilled, or wine, to others for their
use, upon agreement or in confidence of having the like liquors returned
again, be a sale thereof; wherefore, for removing all such doubts, —
Be it enacted,
Liquors lent, or [Sect. 9.1 That all rum, braudv and othcr spirituous liquors and

(iGlivcrccl on tQ6 l j ' »/ x i

above con'sidera- wicc, Icut Or delivered to others for their use, upon such like considera-
deemeda!'saie. ^^^"' ^^ ^"^^ ^^^^^^ ^^ deemed and taken to be, an absolute sale thereof.
And that every person not licenced as aforesaid, that shall order, allow,
permit or connive at the selling rum, brandy or other distilled spirits, or
wine, contrary to the true intent and meaning of this act, by his or
their child or children, servant or servants, or an}' other person or per-
sons in or belonging to his or her house or family, shall be deemed and
taken to be the seller of such liquors, and be subject to the aforesaid
pains and penalties provided against such offenders, and shall be
recovered in like manner : provided, that if it shall be made appear that
the liquors lent or delivered as afoi'esaid, shall have had the duty paid
upon them, or were purchased of any person or persons having licence
or permit, the person lending or delivering the same, aforesaid, shall not
be subject to the aforesaid pains and penalties.
Preamble. j^yi^ whereas divers other persons than those licenced to sell rum and

[7th Sess.] Pkovince Laws.— 1756-57. 1013

other distilled spirits by retail, have heretofore suppl[y][i]cd persons
employed by them in the fishery, building vessels, and in other busi-
ness, with rum and other liquors, without paying any excise thereon,
and thereby have defrauded the government of the duty of excise, and
have not been subject to the penalty provided by law against selUng
drink without licence, and the same practice will probably be continued,
unless effectual care be taken to prevent the same, —

Be it therefore furtlier enacted.,

[Sect. 10.] That all persons not licenced, as aforesaid, who here- Persons not li.
after shall, by themselves, or by any other person or persons under f^u^ose e'''^'
them, or by their order, allowance or connivance, supply an}' person or ployed by tiu-m,
persons employed by them in the fishery, building of vessels, or in any &c!! wfth'sph'iu
other business or employ, with rum or other distilled spirits, or wine, uous iiquoi-g, to
shall be deemed and taken to be sellers of such liquors, and be subject ers. '^^™'^
to the aforesaid pains and penalties provided against persons selling
any of the liquors aforesaid without licence, which shall be recovered
in the like manner, unless they make it appear that such wine, rum
or other distilled spirits, was purchased of a taverner, innholder or
retailer, or other person or persons that had licence or permit to sell
the same.

And he it further enacted,

[Sect. 11.] That when any person shall be charged with selling One witness
strong drink without licence, one witness produced to the satisfaction sufficient for
of the court or justice before whom the trial is, shall be deemed suffi-
cient for conviction. And when and so often as it shall bo observed that
there is a resort of persons to houses suspected of selling strong drink
without licence, any justice of the peace in the same county, shall have
full power to convene such persons before him, and examine them upon
oath concerning the persons suspected of selling or retailing. strong
drink in such houses, out-houses or other dependencies thereof; and if
upon examining such witnesses, and hearing the defence of siich sus-
pected persons, it shall appear to the justice there is sufficient proof of
the violation of this act by selling strong drink without licence, judg-
ment may thereupon be made up against such person, and ho shall for-
f[ie][ei]t and pay in like manner as if process had been commenced by
bill, plaint or information before the said justice ; or otherwise such
justice may bind over the person suspected, and the witnesses, to the
next court of general sessions of the peace for the count}- where such
person shall dwell.

And he [it] farther enacted,

[Sect. 12.] That when and so often as any person shall be charged Penalty for seii
with selling strong drink without licence to any negro, Indian or a,.f,,k'to"nc
mollat[t]o slave, or to any child or other person under the age of discre- groes, muiat-
tion, and other circumstances 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 guilt}-, 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 fori [ie] [ejj t and paj- four pounds to the
farmer of excise, and costs of prosecution ; but if the defendant shall
acquit him- or herself upon oath as aforesaid, the court or justice may
and shall enter up judgment for the defendant to recover costs.

And he it further enacted,

[Sect. 13.] That if any person or persons shall be summoned to penalty on per-
appear before a justice of the peace, or the grand jury, to give evidence sons refa^ing to
relating to any person's selling strong drink without licence, or to ^'^®'^^' ''°°®
appear before the court of general sessions of the peace, or other court
proper to try the same, to give evidence on the tr[y] [;"]al of any person

1014 Province Laws.— 175G-57. [Chap. 21.]

informed against, presented or indicted for selling strong drink without
licence, and shall neglect or refuse to appear, or to give evidence in that
behalf, every person so offending shall forf[ie] [ei]t the sum of twenty-
pounds and cost of prosecution ; the one half of the penalty aforesaid to
be to his majesty for the use of the farmer, and 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 drink 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,
quorum unus, and scaled 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 sufBcient evidence, in the law,
to convict any person or persons offending against this act, as if such
witness or witnesses had been present at the time of tr[y][i]al, and
given his, her or their deposition viva voce; and everj^ 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 enquired 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,
How fines areto [Sect. 14.] That all fines, forf[ie][ei]tures and penalties arising
erecoveie . -^^^ ^^^^ ^^^ shall aud may be recovered by bill, plaint or information,
before any court of record proper to try the same ; and where the sum
forf[ie][ei]ted doth not exceed four pounds, by bill, plaint or informa-
tion before any one of his majesty's justices of the peace in the respect-
ive counties where such offence shall be committed : which said justice
is hereby impowered to try and determine the same. And said justice
shall make a fair entry or record of all such proceedings : saving cdivays
to any person or persons who shall think him-, her- or themselves
aggrieved by the determination of the said justice, liberty of appeal
therefrom to the next court of general sessions of the peace to be holden
within and for,said count}', at which court such offence sh^l be finally
determined : provided, that in the same appeal the same rules be
observed as are already required, by law in appeals from justices, to the
court of general sessions of the peace : saving only, that the recognizance
for prosecuting the appeal [s] shall be eight pounds.
Be it farther enacted.
Farmer to settle [Sect. 15.] That cvcry farmer shall settle all accounts relating to
accounts. gj^j^ excisc in the several towns of the county where he is farmer, first

giving seasonable and public [^] notice of the time and place or places
where said business shall be transacted.
Be it farther enacted.
Persons em. [Sect, 16.] That ouc Or more person or persons, to be nominated"

ouuhe excise!" ^^^ appointed by the general court, for and within the several counties
in this province, public [7o] notice being first given of the time and place
and occasion of their meeting, shall have full power, and are hereby
authorized, from time to time, to contract or agree with anj^ person for
or concerning the farming the duties in this act mentioned, upon rum
and other the liquors and commodities aforesaid, in the respective coun-
ties for which they shall be appointed, as ma}^ be for the greatest profit
and advantage of the public [^'], so as the same exceed not the term of
one 3'ear after the commencemont of this act ; and every farmer, or his
deputy or deputies, of the duties of excise in any county, shall have
power to inspect the houses of all such as are licenced, and of such

[7th Sess.] Pkovince Laws. — 175G-57. 1015

as are suspected of selling without licence, to demand, sue for, and
receive the excise due from licenced persons or others by virtue of this
act.

And be it farther enacted^

[Sect. 17.] That the farmer shall give bond with two sufficient Farmer to give
sureties, to the province treasurer for the time being, and his successor sumVgrced^for
in said office, in double the sum of money that shall be contracted for, bepaid into the
with condition that the sum agreed on be paid into the province treas- " '" reasurj,
ury, for the use of the province, at the expiration of one year from the
commencement of this act ; which bond the person or persons to be
appointed a committee of such county are to take, and the same to
lodge with the treasurer as aforesaid, within twenty days after such
bond is executed ; and the said treasurer, on failure or neglect of pay-
ment at the time therein limitted, may and is hereby impowercd to issue
out his execution, returnable in sixty days, against such farmer of
excise and his sureties, or either of them, for the fall sum expressed in
the condition of their bonds, as they shall respectively become due, in
the same manner as he is enabled by law to issue out his execution
against defective constables, or to put such bond in suit ; and the said
committee shall render an account of their proceedings touching the
farming this duty on rum, wine and other the liquors and species
aforementioned, in their respective counties, to the general court in the
first week of the next sitting of this court, and shall receive such sum
or sums for their trouble and expence in said affair as said court shall
think fit to allow them.

[Sect. 18.] And every person farming the excise in any count}' Farmers may
may substitute and appoint one or more deputy or deputies under him, appoint depu-
upon oath, to collect and receive the excise aforesaid, which shall
become due in said county, and pay in the same to such farmer ; which
deputy and deputies shall have, use and exercise all such powers and
authorities as in and by this act are given or committed to the farmer
for the better collecting the duties aforesaid, or prosecuting offenders
against this act.

And he it further enacted,

[Sect. 19.] That in case any person farming the excise as afore- Penalty for
said, or his deputy, shall, at any time during their contintiance in said u^tit^-^o^ffencUDgi
office, wittingly and willingly connive at, or allow, any person or persons
within their respective divisions, not licenced by the court of general
sessions of the peace, their selling any wines, rum or other liquors by
this act forbidden, such farmer or deputy, for every such offence, shall
forf[ie][ei]t the sum of fifty pounds and costs of prosecution ; one
half of the penalty aforesaid to be to his majesty for the use of this
province, the other half to him or them that shall inform and sue for
the same, and shall be thenceforward forever disabled for serving in
said office : saving that said farmer may give a permit to any person to
•sell rum or other spirits distilled, or wine, in quantity from twentj'-five
gallons and upward [s], agreeable to this act.

And he it further enacted,

[Sect. 20.] That in case of the death of the farmer of excise in Provision in
any county, the executors or administrators of such farmer shall, upon |a^se of death,
their accepting of such trust of executor or administrator, have and
enjoy all the powers, and be subject to all the duties, the farmer had or
might enjoy and was subject to by force of this act.

Provided, always, and it is the trite intent and meaning of this act, —

[Sect. 21.] That if any taverner or retailer shall sell to any other Proviso.
taverner or retailer any quantity whatsoever of distilled liquors and
wine, such taverner or retailer, selling as aforesaid, shall not be held
to pay such duty, but the taverner or retailer who is the purchaser

1016

Province Laws. — 175G-57. * [Chap. 21.]

Duties to be
paid by private
persons for wbat
liquors lliey ex-
pend.

Liquors not to
be sold by the
importer, &c.,
without a per-
mit.

Proviso.

Farmer apply-
ing to a justice
for a warrant
may search for
liquors sup-
posed to be con.
cealed.

shall pay the same ; and the seller as aforesaid, shall and is hereby
required to deliver to the farmer of this duty, a true account of such
liquors sold as aforesaid, and to whom sold.

And to the end that the revenue arising from the excise upon sph'itu-
ous liquors may be increased and raised with more equality, —

Be it enacted,

[Sect. 22.] That from and after the twenty-sixth day of March,
one thousand seven hundred and fifty-seven, to the twenty-sixth day of
March, one thousand seven hundred and fiftj'-eight, upon all rum and
other distilled spirits, and all wine, imported or manufactured, and sold
for consumption within this province, there be laid, and hereby is laid,
the duty of excise following ; vizi^'l, —

For every gallon of rum and spirits distilled, fourpence.

For every gallon of wine of every sort, sixpence.

To be paid to the farmer of excise, or his deput}', by every person
having permit to sell the said liquors in each county, respectively.

And he it further enacted,

[Sect. 23.] That every person that shall import any of the liquors
aforesaid, or to whom any of them shall or may be consigned, shall be
and hereby is prohibited from selling the same, or an}' part thereof,
without having a permit so to do from the farmer of excise, or his
deputy ; which permit shall be had and procured before the landing of
such liquors. And every person distilling or manufacturing any of the
said liquors, and every person owning or possessing any of them,
excepting such as are or may be licenced by the court of general
sessions of the peace, as aforesaid, shall be and hereby are prohibited
from selling the same, or any part thereof, without having a permit so
to do from the farmer of excise, or his deputy, on forf [ie] [eijture of two
hundred pounds, and of the value of the liquors so sold ; and the said
permit shall express the particular shop, house, warehouse, or distil [1]-
house where the said liquors shall be permitted to be sold, and if any
person who shall have such permit shall sell and deliver, or cause to be
sold and delivered, any of the liquors aforesaid from any place or
places not mentioned in such permit, he shall forf[ie] [ei]t four pounds,
to be paid to the farmer.

Provided., nevertheless, —

[Sect. 24.] That the impost officer, and his deputy, shall be and
hereby are respectively impowered to grant a permit for selling the
liquors aforesaid, or any of them, to an}'^ person -applying for the same,
until[l] the duty or excise aforesaid, in each count}^ respectively, shall
be let or farmed, and until[l] the farmer shall give publie[An notice that
said duty or excise is let or farmed to him as aforesaid. And said
impost officer, and deputy, shall transmit to the farmer of each county
an account of the permits by each of them respective!}^ granted to per-
sons living in such county.

And he it farther enacted,

[Sect. 25.] That if said farmer or his deputy, shall have informa-
tion of any place where any of the liquors aforesaid shall have been sold
b}' any person not having permit, as aforesaid, he may apply to any jus-
tice of the peace within the count}-, for a warrant to search such place,
and said justice shall grant such warrant, directed to some proper offi-
cer, upon said farmer or deputies making oath that he hath had inform-
ation as aforesaid, and that he hath just cause to suspect that the
liquors aforesaid, or some of them, have been sold at such place informed
of as aforesaid, and having such warrant, and being attended by such
officer, the said farmer, or his deputy, may, in the day-time, between sun-
rising and sun-setting, demand admittance of the person owning or
occupying such place, and upon refusal, shall have right to break open

[7th Sess.] PEOVI^XE Laws. — 1756-57. 1017

said place, and finding sucli liquors, may seize and take the same into
his own custod}' ; and the farmer aforesaid, or his deputy, shall be and
herebj^ is impowered to command assistance and impress carriages
necessary to secure the liquors seized as aforesaid ; and any person
refusing assistance or preventing said officers from executing their
office, shall forf[ie] [etjt fiye pounds to the farmer ; and the said
farmer, or his deput}*, shall make reasonable satisfaction for the assist-
ance afforded, and carriages made use of, to secure the liquors seized as
aforesaid ; and the farmer, or his deputy, shall then file an information
of such seizure in the iuferiour court of common pleas for the county
wherein such seizure shall be made : which court shall summon the
owner of such liquors, or the occupier of the shop, house, warehouse or
distil [l]-house where the same were seized, to appear and shew cause,
if any he has, why said liquors so seized should not be adjudged for-
f [ie] [(?/] Led ; and if such owner or occupier shall not shew cause as
aforesaid, or make default, the said liquors shall be adjudged for-
f[^6][<?*]tcd, and the said court shall order them to be sold atpublic[k]
vendue, and the neet produce of such sale shall be paid, one half to the
province treasurer, for the use of the province, and the other half to the
farmer.

Provided^ —

[Sect, 26.] That if the liquors seized as afoi'esaid be less in quan- proviso,
tity than one hundred gallons, the farmer, or his deputy, shall file an
information thereof with one of the justices of the peace within the
county where. the seizure shall be made, who shall summon the owner
or occupier aforesaid in manner as aforesaid, and if such owner or
occupier shall not shew cause, or shall make default as aforesaid, he
shall adjudge such liquors forf[ie][eiJtcd, and shall order them to be
sold as aforesaid, and the neet produce of said sale to be disposed of as
aforesaid : saving to the person convicted the libert}' of an appeal, he
ent[e]ring into recognizance to the king, for the use of the farmer, in
the sum of fifty pounds.
Provided, cdso, —

[Sect. 27.] That if such farmer or deputy shall not find any of the
liquors aforesaid in the place informed of, and broken open, as aforesaid,
he shall pay double damages.
Be it further enacted,

[Sect. 28.] That every person having permit as aforesaid, shall, at Persons having
the end of- each half year, respectively, from the twenty-sixth day of sakMo render""
March, one thousand seven hundred and fift^'-seven, be ready to render an account to
to the farmer aforesaid, or his deputy, an account, on oath, if required, the cncToTevery
of all the liquors aforesaid by him or her, and by any person or persons 1)^51^^'*' ®''^"
on his or her behalf, sold ; and also of all the aforesaid liquors by him or
her imported, distilled or manufactured, or which have come into his or
her possession since the twenty-sixth of March aforesaid, except the same
were bought of a licenced person in a quantity less than twenty-five
gallons, which in his or her famil}' have been consumed or expended
within each half j'ear, respectively : which account shall express the
number of gallons of each kind of the liquoi's so sold and consumed,
and shall pay therefor to the said farmer or his deputy the dut}^ afore-
said, excepting for so much as shall have been sold to taverners, inn-
holders or retailers having licence from the sessions as aforesaid, or to
Siny other persons having permit as aforesaid ; and so much as shall have
been exported out of this province ; and if any of said liquors shall
have been sold to persons licenced b}' the sessions, or to persons hav-
ing permit, said account shall exhibit the names of such licenced per-
sons who purchased, and persons having permit, and the time when they
purchased the same ; and the person accounting shall exhibit a certifi-
128

1018 Province Laws.— 1756-57. [Chap. 21.]

cate under the hand of the licenced or permitted person purchasing,
which shall express the number of gallons, and the kind of the liquors
purchased, and the time when the same were purchased, and the name
of the town and county wherein such licenced or permitted person lives,
and shall lodge the said certificate with the said farmer or his deputy ;
and for the quantity of said liquors mentioned in such certificate, the
said farmer or his deputy shall not demand any duty, but shall deliver
said certificate to the farmer of the county wherein such licenced or
permitted person, signing the same, lives : which last-mentioned farmer
or his deputy shall settle with such licenced or permitted person for the
duty aforesaid w[/ii]ch may be due from him or her.
permiras'Yfore. [Sect, 29.] And if auy person, having permit as aforesaid, shall
said, to give an ship or cxport any of the liquors aforesaid out of this province in a
uorsTy thern^" quantity not less than sixty gallons, and shall make a fair entry thereof
sent out of the with the farmer aforesaid, or his deputy, and shall produce to such
province. farmer or deputy, when he comes to settle his account of excise, one

of the receipts or bills of lading given therefor by the master of the
vessel on board which such liquors shall be shipped, or if it shall be
cariied out of the province by land or in small boats, then of the per-
son who is master of the land-carriage or boat, expressing the quantity
thereof and the time of their being shipped, and shall lodge such receipt
or bill of lading with the farmer or his deputy aforesaid, and at the
same time shall swear that such liquors are bond Jide sent, or intended
to be sent, out of this province, he or she shall not be held to pay
thereon the duty aforesaid.
Persons not hav- [Sect. 30.1 And if any person not having permit shall purchase

ins pGrniit* to ^ -* •/ *■ cj x j.

render an ac- for exportation out of this province any of said liquors in a quantity
count, &c. jjq|. jggg ^jjj^j^ sixty gallons of a person having permit, the purchaser

shall make entry thereof with the farmer or his deputy, and at the same
time swear that such liquors are bond Jide sent, or intended to be sent,
out of this province, and shall within ten days after the purchase deliver
one of the receipts or bills of lading given for such liquors, as aforesaid,
to the person of whom he purchased the same, or be subject to pay the
amount of the duty thereon to the person of whom he purchased as
aforesaid, who shall pay such duty to the farmer or his deputy ; but if
the purchaser aforesaid shall deliver such receipt or bill of lading as
aforesaid, and it be lodged with the farmer or his deputy, then, for the
quantity of said liquors mentioned therein, the farmer or his deputy
shall not demand any duty.
ters'^o7o*the™8^^" [Sect. 31.] And if the master of any vessel, or any other person,
giving certificate shall givc such Certificate, receipt or bill of lading, without receiving the
i^g'the\i'i^uorr. liquors mentioned therein ; or if any person shall procure such certifi-
cate, receipt or bill of lading, with design to defraud the farmer, and
shall be thereof convicted, they and each of them shall forf[ie][et]t
and pay the sura of one hundred pounds ; one half for the use of this
government, and the other half for the use of the farmer. And if any
such certificate, receipt or bill of lading shall be forged, counter-
f[ie][ei]ted or altered, the person forging, counterf[ie][ei]ting or
altering shall incur the penalty of one hundred pounds.
Provided^ nevertheless, —
Proviso. [Sect. 32.] That the person having permit as aforesaid, shall not

sell any of the liquors aforesaid in a quantity less than twentj-five
gallons (to be sold and delivered to one person at one time), unless he
or she hath licence from the court of general sessions of the peace, as
aforesaid, on pain of incurring the several fines and penalties in the
former part of this act laid upon those persons who sell the liquors
aforesaid without licence.

[7th Sess.] Province Laws.— 1756-57. 1019

Be it further enacted,

[Sect. 33.] That the farmer aforesaid, or his deputy, when the Farmer to give
exporter shall make an entry with him as aforesaid, or shall make an penalty.'*^* °"
entry with him and swear as aforesaid, shall give to said exporter a
certificate of such entry, or a certificate of such entry and oath, on
penalty of one hundred pounds for the use of the exporter.

Provided, nevertheless, —

[Sect. 34.] That until [1] the duties aforesaid be let or farmed, the Proviso.
exporter aforesaid ma}' make an entry as aforesaid with the impost
officer or his deput}-, or make such entry and swear as aforesaid ; and
of such entr}', or of such entry and oath, the said impost officer or his
deputy shall give the said exporter a certificate : and for the liquors
mentioned in such certificate, when the same shall be exhibited, the
farmer or his deputy shall not demand any duty.

And he it further enacted,

[Sect. 35.] That every person applying to the farmer or his deputy, Persons apply.
or to the impost officer or his deputy, for a permit, shall give bond, if to^gfve bon™^*'
required, for the use of the farmer, with two sufficient sureties, in a sum
not exceeding two hundred pounds, nor less than twenty, at the dis-
cretion of the two next justices of the peace, conditioned for the pay-
ment of the excise that shall become due according to the account to
be exhibited b}- such person taking such permit; and no person shall
have such permit of the impost officer until [1] he hath given such bond.

And whereas the importer of any of the liquors aforesaid, or the Preamble,
person to whom the}' shall be consigned, may intend the same for his
or her own private consumption, in which case such importer or con-
signee is not held by any preceeding part of this act to pay the duty or
excise aforesaid ; wherefore, in order to lay said duty or excise in as
equal manner as may be, —

Be it enacted,

[Sect. 3G.] That every person that shall bring or import into this Persons import.
province, either by land, or water, carriage, any of the liquors aforesaid prfva?" con-^"*^
for his own private consumption, shall, at the end of each half year, sumption, &c.,
respectively, make out an account expressing the kind and the full count thereof to
quantity of the liquors aforesaid, imported or consigned as aforesaid ; ^^*^ farmer.
which account such importer or consignee shall render to the farmer or
his deputy, on oath, if required, and shall pay to the said farmer or
his deputy, on the liquor or liquors mentioned in said account, the duty
or excise aforesaid, deducting ten per cent for leakage, or pay treble
duty or excise on the quantity so imported or consigned, to and for the
use of the farmer.

[Sect. 37.] And if said farmer or his deputy shall have reason to Farmer may ap.
suspect any person of bringing or importing into this province, either fo?a warrantor
by land, or water, carriage, any of the liquors aforesaid, without having hema'^'sri^ect
rend[e]red account and paid the duty or excise as aforesaid, the said iDersons of giv-
farmcr may apply to any justice of the peace within the county where countf &c! ^°
the person suspected lives, for a warrant or citation ; and such justice
is hereby impowered and required to cite or apprehend such suspected
person to appear before him within twenty-four hours on a complaint
made against him or her by the farmer or his deputy touching the duty
or excise aforesaid ; which warrant or citation shall be served on or
delivered to the suspected person himself or herself; and when the
parties shall be before him the said justice shall examine into the cause
of complaint ; and if it shall appear, either by the confession of the
party, or by the evidence of one credible witness, that such suspected
person has, by him- or herself, or by any one on his or her behalf,
imported, or has had any of the liquors aforesaid consigned to him or
her, without having rendered an account thereof, or paid the duty or

1020

Province Laws.— 1756-57. [Chap. 21.]

Form of the
oath.

Penalty for ro-
fusing to take
the oath.

Farmer to grant
a permit, on
penalty.

Form of the
permit.

Farmer to keep
an office in each
seaport town,
&o.

excise as aforesaid, such suspected person shall then render a full
account, on oath, of the kinds and quality of the liquors imported or
consigned as aforesaid, and shall pay on such liquors treble duty or
excise as aforesaid, and costs. And said justice is hereb}^ impowcred to
make up judgment and award execution accordingly : provided the
said treble dut}' exceed not four pounds ; but if such duty exceed four
pounds, then such justice shall bind the offender to answer his offence
at the next court of general sessions of the peace for the county where
the offence was committed, and such offender shall enter into recogni-
zance, with two sufficient sureties, to answer for his offence, in the sum
of fifty pounds ; and any person or persons upon refusing to render
such account and pajing as aforesaid, shall forf[ie][ei!']t lift}' pounds
for the use of the farmer, in lieu of such treble duty, to be recovered as
is hereafter provided in this act.

You, A. B., do swear that you have not, directly or indirectly, either by your-
self, or any person on your behalf, imported into this province any rum or
spirits distilled, or wine, and that you have not had any of said liquors directly
or indirectly consigned to you, but what you have paid the duty or excise
upon, according to an act of said province, made in the thirtieth year of
his majesty's reign, intitled " An Act for granting unto his majesty an excise
upon spirits distilled, and wiue, and upon limes, lem[m]ons and oranges."
So help you God.

— which oath the said justice is hereby impowered and required to
administer.

[Sect. 39.] And if such suspected person shall refuse to take said
oath, and shall neglect to appear upon the citation aforesaid, he or she
shall pay the cost of citation, and shall forf[ie][ct]t, for the use of the
farmer, the aforesaid sum of fifty pounds, and costs of prosecution ; but
if such suspected person shall take the said oath, the costs of citation
or warrant shall be paid by the farmer or his deputj', respectively, who
applied for such citation or warrant ; who shall also pa}' to the person
cited or apprehended, and taking said oath, the sum of twenty shillings.

And he it farther enacted,

[Sect. 40.] That the farmer aforesaid, or his deput}', shall be and
hereby is obliged to grant a permit, under his hand, to every person
applying for the same, on penalty of two hundred pounds, to and for the
use of the person making application ; which permit shall be in the form
following ; viz'^'^., —

You, A. B. of C, in the county of D., are hereby permitted to sell rum and
other distilled spirits, and wine, or any of said liquors, at , in C.

aforesaid, until [1] the twenty-sixth day of March, one thousand seven hundred
and fifty-eight, pursuant to an act of this province, made in tha thirtieth
year of his majesty's reign, intitled " An Act for granting unto his majesty an
excise upon spirits distilled, and wine, and upon limes, lemmons and or-
anges." Dated at C, this day of , 175 .

A. B., Farmer (or deputy farmer) of excise for the county aforesaid.

And for such permit the said farmer or deputy shall be intitled to
receive twopence, and n,o more ; and the like sura for an entry made
with him, and the like sum for a certificate givea b}' him.

And be it further enacted,

[Sect. 41.] That tlie farmer aforesaid, either b}^ himself or his
deputy, shall keep an office in each seaport town within his county,
where he or his deputy shall give his attendance on every Thursday,

[7th Sess.] Province Laws.— 1756-57. 1021

from nine of the clock in tlie morning to twelve at noon, to grant per-
mits, receive entries, give certificates, &c'^''^.

Provided^ —

[Sect. 42.]. That in the town of Boston such an office shall be
kept, and attendance given on every Monda}' and Thursda3', within
the hours aforesaid, of each of said da3's, respectively.

Provided^ cdso, —

[Sect. 43.] That the said farmer or his deput}', on application
made, shall at any -other time grant permits, receive entries, and give
certificates as afores[cu-]d.

And tvhereas persons not belonging to this province may import the Preamble,
liquors aforesaid, and take permit to dispose of the same, and may go
out of the province before the time comes about when persons selling
said liquors are held to account with the farmer, and by that means
ma}^ avoid paying the duty upon what has been so disposed of; for pre-
venting whereof, —

Be it exacted,

[Sect. 44.] That every person importing the liquors aforesaid, and Person import-
applying to the farmer or his deputy for a permit to sell the same, shall affresa'kMo*
give bond to said farmer, if required, in a sum not exceeding two hun- ^'™ '^°"'^-
dred pounds, nor less than twenty pounds, at the discretion of the two
next justices of the peace, with fcuflilcient surety or sureties, that he will
render to said farmer or his deputy an account, on oath, if required, of
the kind and full quantity of the liquors aforesaid sold by him, or by
any person or persons on his behalf, and that he will pay thereon the
duty or excise aforesaid before he leaves the province ; and if such per-
son shall refuse to give such bond, the said farmer or his deputj' shall
not be obliged to grant him a permit, anything in this act to the con-
trary notwithstanding ; and if such person shall sell any of the liquors
aforesaid without permit, he shall be subject to all the penalties that
other persons selling without permit are subject to ; or if such person
shall give bond as aforesaid, and shall leave the province before such
bond be discharged, the farmer may bring his action on said bond
against the surety or sureties, for the recovery of the sum in such bond
mentioned, which shall be for the use of the farmer.

And to the end that this government ma}' know what monies shall Preamble.
be received by the farmers of each respective county, and his deputies,
by virtue of this act, —

Be it enacted,

[Sect. 45.] That to every person licenced by the sessions, and to Farmer to give
every person having permit as aforesaid, the said farmer or his deputy, &c? ''*^''^'p'®'
when said persons shall account with them, shall give two receipts,
under their hand, for what each of them, respective!}', have received,
either as duty or as forf[ie][ei]ture, or in any other way; and the
said receipts shall express the just and true sum received, and the con-
sideration for which it was received ; and one of the said receipts shall
be lodged, within one month after the date thereof, by each person,
respectivel}', to whom said receipt shall be given, with the clerk of the
sessions for the count}' wherein such person lives, on penalty of forty
shillings, one half to the poor of the town or district in which the per-
son neglecting to lodge his receipt lives, and the other half to the per-
son complaining or su[e]ing for the same, and of being rendered inca-
pable of renewing his or her licence or permit for the future. And the
clerk aforesaid shall transmit a true and fair copy of the receipts that
shall be so lodged with him, to the secretary of this province, who shall
lay the same before this court.

1022 Provixce Laws.— 1756-57. [Chap. 22.]

And be it further enacted.
Farmer to ren- [Sect. 46.] That the farmer of eacli respective county shall render
o"oa"h!ofsum'8 an account, on oath, to the province treasurer, when he shall come to
received, to the clischarj^c liis boncl givcn for the farm of the duties aforesaid, of the

province treas. ^ , . P t,., ., „,, i

urer. sums and securities he and his deputy, or either of them, have in any

way received by virtue of this act ; and the said account shall express
the name of each person of [zvhom'] they, or either of them, have received
any sum or securit}-, how much that sum or security is, and what it is
for, and the time when the same were received ; and it shall be part of
the condition of the said farmer's said bond, that he will render such
account as aforesaid; and if said farmer shall not have settled, when
he comes to discharge said bond, with, every person obliged b3^ this act
to account and settle with him, his said bond shall not be discharged
^'^till he has so settled, and rendered an account, on oath, of such set-
tlement to the province treasurer as afores[ai]d. And if the account
rendered by the farmer as aforesaid be a false one, he shall not only be
liable to the pains and penalties to which a person convicted of perjury
is liable, but also to pay a fine of fifty pounds, one half to the informer
and the other half to his majesty for the use of the province ; and in case
the farmer shall neglect or refuse to render to the treasurer of the prov-
ince, an account on oath as aforesaid, he shall forf[ie][ei]t and pay the
sum of one thousand pounds to his majesty for the use of the province.
Provided, nevertheless, —
Proviso. [Sect. 47.] That if said farmer shall, at the end of one month, and

of ten months, respectivel}'^, from the time of payment expressed in said
bond, render an account on oath as aforesaid, and shall swear that such
account expresses the whole sum that he hath received, either in money
or bj' securities, or by anj' other wa}^ whatsoever, then his said bond
shall be discharged and be delivered up to him. *
Be it further enacted,
forTrlng^*W8 [Sect. 48.] That if any account of excise shall remain unpaid or
actions, &c. not Settled b}' bond or note for the space of ten months after the
expiration of this act, unless the action is depending, the said farmer
or his deputy shall not have right to bring any action against the per-
son whose said account shall remain so unpaid or unsettled, but shall
forf[ie][eQt what might otherwise have been due from such person.
Be it further enacted.
How fines, &c., [Sect. 49.] That all fines, penalties and forf[ie][ei]tures, arising
act^'afe^o bo * ®^' ^ccruiug by any breach of this act, and not otherwise appropriated,
d-sposed of. shall be, one half to his majestj' for the use of this province, and the
other half for the use of the farmer ; to be recovered by action, bill,
plaint or information in any of his majesty's courts of record.
\^Passed February 4;* published February 5, 1757.

CHAPTER 22.

AN ACT FOR THE SUPPLY OF THE TREASURY WITH THE SUM OF
THIRTY-FIVE THOUSAND POUNDS, AND FOR APPLYING THE SAME
FOR THE PAYMENT OF THE FORCES RAISED FOR THE LATE EXPE-
DITION AGAINST CROWN POINT.

Preamble. Whereas the provision, alread}'^ made by this court at their session

in June last for the above purpose, is insufficient to answer the ends
proposed, and it being necessary that a farther and an immediate
supply should be made, that so the officers and private soldiers, who
have served his majesty in the said expedition, may forthwith receive

* Signed February 26, according to the record.

[7th Sess.] Province Laws.— 1756-57. 1023

their pay according to the several establishments, and that the commit-
tee of war may be enabled to discharge the debts they may have con-
tracted for said expedition, —

Be it enacted by the Lieutenant- Governour^ Council and House of Rep-
resentatives,

[Sect. 1 .] That the treasurer of the province be and he hereby is Treasurer em.
impowered and directed to borrow from such person or persons as shall borrowlesa ooo.
be willing to lend the same, a sum not exceeding thirty -five thousand
pounds in mill'd dollars, at six shillings each, or in other silver at six
shillings and eightpcnce per ounce ; and the sum so borrowed shall be
applyed by the treasurer for the payment of all such draughts as shall
from time to time be drawn on him by the governour and council, to be
paid out of the appropriation for the forces in the late expedition, &c. ;
and for every sum so borrowed, the treasurer shall give a receipt and
obligation in the form following: : —

Province of the Massachusetts Bay, the day of , 1757. Form of

Received of the sum of , for the use and service of the jeceiptT'^'*

province of the Massachusetts Bay, and, in Ijehalf of said province, I do
hereby promise and oblige myself and successors in the office of treasurer
to repay the said or order, the fifth day of June, 1759, the

aforesaid sum of , in coined silver at six shillings and eight-

pence per ounce, or Spanish mill'd dollars, at six shillings eachjWith interest
annually, at the rate of six per cent per annum.

Witness my hand, A. B., Treasurer.

— and that no receipt shall be given for a sum less than twenty pounds.

And as a fund to enable the treasurer efiectually to discharge the Fund. ,
receipts and obligations (with the interest that may be due thereon), by
him given in pursuance of this act, —

Be it further enacted,

[Sect. 2.] That there be and hereby is granted unto his most excel- Tax_ of £39,000,
lent majesty a tax of thirty-nine thousand pounds, to be levied on polls, ^" ^'^^'
and estates 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 the general court of this
province, at their session in May, seventeen hundred and fifty-eight,
which sum shall be paid into the treasurj^ on or before the thirtj'-first
day of March next after.

And as a further fund to enable the treasurer to discharge the receipts Further fund.
and obligations (with the interest that may be due thereon) , by him given
in pursuance of this act, —

Be it further enacted,

[Sect. 3.] That the duties of excise upon spirituous liquors, for the Fund.
year seventeen hundred and fifty-seven, shall be applied for the payment
and discharge of the principal and interest that shall become due on said
notes, and to no other purpose whatsoever.

And he it further enacted,

[Sect. 4.] That in case the general court shall not at their session Rule for appor.
in May, and before the twentieth day of June, one thousand seven hun- h°casfno'tax^'
dred and fifty-eight, agree and conclude upon an act apportioning the act^shaiibe
sum which by this act is engaged to be in said year apportioned, ^^'^^^
assessed and levied, that then, and in such case, each town and district
within this province shall pay a tax, to be levied on the polls, and estates
both real and personal within th«ir limits, the same proportion of the
said sum as the said towns and districts were taxed by the general
court in the tax act then last preceeding : saving what relates to the
paj' of the representatives, which shall be assessed on the several towns
they respectively represent ; and the province treasurer is hereby fully

1024

Province Laws.— 1756-57. [Chap. 23.]

Proviso.

impowered and directed, some time in the month of June, one thousand
seven hundred and fiftj^-eight, to issue and send forth his warrants,
directed to tlie selectmen or assessor[r]s 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, and for their
respective parts and proportions of the sum before directed and engaged
to be assessed, to be paid into the treasury at the aforementioned
time ; and the assessors, as also persons assessed, shall observe, be
governed by and subject to all such rules and directions as have been
given in the then last preceeding tax act.

Provided., cdways, —

[Sect. 5.] That the remainder of the sum which shall be brought
into the treasury bj' the duties of excise before mentioned, and the tax
of thirt3--nine thousand pounds ordered by this act to be assessed and
levied, over and above what shall be sufficient to discharge the notes
and obligations aforesaid, shall remain as a stock in the treasury, to be
appl[y][ijed as the general court of this province shall hereafter order,
and to no other purpose whatsoever. [Passed and published February
9,* 1757.

CHAPTER 23.

AN ACT FOR THE MORE SPEEDY LEVYING EIGHTEEN HUNDRED MEN,
INCLUSIVE OF OFFICERS, TO BE EMPLOYED IN HIS MAJESTY'S
SERVICE.

Preamble.

Eighteen hun-
dred men to be
raised, byenlist-
raentorimprcss,
from the soviirai
regiments of
horse and foot.

Time forpnying
tlio bounty lim-
ited, &c.

General muster
to be on the 2'2d
of March, 1757.

WoEREAS, the general court of this province have determined that
eighteen hundred men, including' officers, should be raised by this
government and employed in his majesty's service, for the defence of
his majesty's colonies and for the anno3'ance of his majesty's enemies, —

Be it therefore enacted by the Lieutenant-Governour, Council and
Hotise of Representatives.,

[Sect. 1.] That eighteen hundred men, inclusive of officers, shall
be raised by inlistment or impress from the several regiments of horse
and foot, within this province, for a term not exceeding twelve months
from the second da}' of February, instant, in such proportion from each
regiment as the commander-in-chief of the province shall determine ;
said eighteen hundred men to be employed in his majesty's service
under the command of his excellencj', the right honourable the Earl of
Loudoun, or of the general and commander-in-chief of his majesty's
forces in North America for the time being.

And be it further enacted,

[Sect. 2.] That it shall and may be lawful for any person or per-
sons that shall or may be employed for that purpose, to pay the bounty
or encouragement promised by this government to any person or per-
sons who shall [e][i]nlist into the service at any time on or before the
twenty-first day of March next, and no longer ; and no bounty shall be
paid to any person until [1] he shall have been accepted by the muster-
master.

And be it further^enacted,

[Sect. 3.] That upon the twenty-second day of March next there ,
shall be a general muster of all the companies of horse and foot within
this province, at such place as the captain or commanding officer of
each troop or company shall respectively determine ; and every person

* Signed February 26, according to the record.

[7th Sess.J Province Laws. — 175G-57. 1025

who by law is required to attend military musters shall, b}^ one of the Manner of
Serjeants or corporals of the troop or company to which he shall belong, muster"o/the
be duly warned, either in person or by a notification in writing to be several coni.
left at the place of his usual abode, of the time and place of such mus- m orde'r toVai'S
'' ter ; and every person belonging to such troop or company, who by law ^o'^^'eers, &c.
is obliged to attend military musters, shall punctually attend and continue
at such muster at the time and place that shall be appointed therefor,
and so, from time to time, as the commanding oflicer of such *
company shall order, until [1] the whole number of men as aforesaid
shall be raised, and until[l] such company shall be discharged from any
further muster for said purpose, on pain of incurring the penalty of Fine fornot
twenty pounds, unless it shall appear on the trial of the offence that ''"'^"*^'"^-
his attendance was necessarily and unavoid[i][a]bly prevented ; to be
recovered by action of debt, with full costs of suit, to be brought by
the clerk of the respective troops or companies to which such person
not appearing as aforesaid belongs, who is hereby im[)owered and re-
quired to commence and prosecute such action to final judgment and
execution ; and if such delinquent person be a son under age, or a
servant, the said action shall be brought against and penalty recovered
of his parent or master ; one third of the said penalty for the use of How fines are
the clerk who shall sue for the same, the other two thirds for the pur- of. '^ '"^"^^
chasing arms for indigent persons who are not able to provide for them-
selves, living within the district of such company where such delinquent
person dwells, as is hereafter provided.

And be it further enacted,

[Sect. 4.] That every person who shall be impressed or draughted Fine for not
by the commanding officer of such company or troop, or such person[s] frnprefsedr"
as he shall appoint for the service aforesaid, on the said twenty-second except.
day of March, or afterwards, shall be deemed duly entered in said
service, and shall attend the said service, unless he shall, within twentj'-
four hours, pay to the commanding officer of the troop or company to
which he belongs, or in which district he dwells, the sum of ten pounds,
or within said time procure an able-bodied, effective person to serve in
his stead, or that he shall have had a discharge from such impress or
draught under the hand of the captain or chief officer of such company
or troop, or regiment, or of the commander-in-chief of this province.

Provided., nevertheless, —

[Sect. 5.] That if an}- person of the denomination called Quakers Fine on Quakers
shall be impressed and commanded to attend the service aforesaid, and ance^i"} im!° *
shall refuse to attend the same, or shall not within twenty-four hours pi'essed.
pay the sum of ten pounds, it shall be in the power of the officer by
whose command the said person was impressed, by a warrant directed
to the clerk of the company where he dwells, to destrain the goods and
chatt[el][Ze]s of such person sufficient for the pa^-ment of saitl sum and Manner of
cost, to be sold at an outcry as soon as may be, and if such goods and sam'e.
chatt[el][Ze]s when sold shall bo more than enough to pay the fine and
cost ; the overplus to be returned to such person in twenty-four hours,
the said fine to be improved as is in this act hereafter provided.

And be it further enacted,

[Sect. 6.] That the monies paid by any person or persons impressed How the money
or draughted shall be improved, or so much thereof as shall be necessar}-, hnproved.
for the procuring one or more effective person or persons for said ser-
vice, and the overplus, if any there be, shall be cm' loycd as there
may and shall be occasion for the purchasing of arms for such persons
living in the district of such company, as are unable to provide for
themselves, and for no other purpose, and shall be pnid by such officer
accordingly into the hands of the town or district treasurer in which
such company is ; but if such company be not within a town or district,
* A blank in the parcliment, but not in the print.
129

1026

Province Laws. — 1756-57.

[Chap. 23.]

Every oflScer
and clerk who
receives any
money l)y virtue
of this act, to
render an ac-
count, &c.

Power to
colonels, &c.,
to issue war.
rants for im-
pressing per-
sons, in a certain
case.

Colonel or chief
officer of any
regiment to
transmit to the
commander-in-
chief a list of
the names of
enlisted or
impressed men.

Penalty for
their neglect.

Penalty for a
captain or chief
officer of any
company not
transmitting
such a list to
the colonel or
chief officer.

then such oflScer shall pay such monies into the hands of the colonel of
the regiment to which such company belongs, taking his receipt for the
same, to be by such colonel employed for the purchasing of arms for
such persons as are unable to provide for themselves, as there may and
shall be occasion. '

And be it further enacted,

[Sect. 7.] That every officer and clerk of any company, who shall
by virtue of this act receive any monies, shall within one month next
after render an account thereof and pay in the same to the several per-
sons respectively appointed to be the receivers thereof, upon pain of
incurring the penalty of one hundred pounds to be recovered of such
officer neglecting to render an account and pa}^ the monies as aforesaid,
by action of debt to be brought by the town or district treasurer, or
colonel of such regiment respectively, who are hereby impowered and
required to sue for the same : the said fine to be one third for the use
of the prosecutor, the other two thirds for purchasing arms for such
persons as are unable to provide for themselves, and shall remain as a
stock in the hands of such receivers, to be employed for that purpose,
and no other whatsoever.

And be it further enacted,

[Sect. 8.] That it shall and may be in the power of any colonel,
captain or chief officer of any compaii}^ to issue forth his or their war-
rants for the impressing persons belonging to their regiments or com-
panies, who shall or may at any time remove from the district of the
regiment or company to which he belongs into the district of any other
regiment or compau}', until [1] the first day of April next, and such
impress shall be as good and available in law as if the same had been
made in the count}', town or district whereto such person belonged.

And in order to prevent fraud in paying the bount}^ or encourage-
ment promised by the general court, and also to prevent a deficiency in
the number of m.en determined to be raised, —

Be it further enacted,

[Sect. 9.] That every colonel or chief officer of any regiment within
this province shall, as soon as may be, after the fifteenth day of March
next, and on or before the fifth day of April next, transmit to the com-
mander-in-chief of the province a list of the names of the men belong-
ing to such regiment who shall have enlisted as aforesaid, together with
their places of abode, and also the number of men, their names and
places of abode, who shall have been impressed or received in the room
of an}"^ impressed men, agreable to the returns made to him by his sev-
eral captains, in order to compleat the whole number that shall have
been assigned as aforesaid. And every colonel or chief officer who
shall neglect transmitting to the commander-in-chief the number of
men, their names and place of abode, whether iiilisted or impressed as
aforesaid, shall forf[ie][ei]t and pay to his majesty the sum of twent}^
pounds for the use of this government, to be recovered by the province
treasurer, who is hereb}' impowered and required to sue f )r the same in
an}' of his majesty's courts of record within this province, and every
captain or chief officer of any troop or company who shall not make
return to his colonel or chief officer on or before the twenty-fifth day of
March next, shall forf[ie][ei]t and pay the sum of twenty pounds to his
majesty, to be recovered and applied in like manner with the penalty
last mentioned ; and if any officers are obliged to transmit their returns
by an express, the charge thereof to be paid by the government. \_Passed
February 19 ;* pubUshed February 22,t 1757.

* Signed February 26, according to the record.

t Published February 21, according to memorandum m the printed acts.

[7th Sess.] Province Laws. — 1756-57. 1027

CHAPTER 24.

AN ACT FOR REVIVING AND CONTINUING SUNDRY LAWS THAT ARE
EXPIRED AND NEAR EXPIRING.

Whereas, the several acts hereinafter mentioned, which are now Preamble,
expired or near expiring, have been found useful and beneficial ; gundry laws,

namely, expired or near

One act made in the ninth and tenth year of his present majesty's vm'd aud'con-
reio;n, intitled " An Act to enable the overseers of the poor and select- *l"'i''4- . .

1 « • Ti 1 T 1 1 ,1 T • 1' 36-37, chap. 4.

men to take care of idle and disorderly persons ; two acts made in

the twenty-seventh 3'ear of said reign, one, intitled " An Act in addition i753.5j,chap.29.

to the several laws of this government made for the regulating of

general fields," and the other act, intitled "An Act for preventing 1753-54, chap. si.

mischief by unruly dogs on the islands of Martha's Vineyard, Cheba-

quiduck, and also on the island of Nantucket."

Be it therefore enacted by the LieiUenant-Governour, Council cmd
Mouse of Representatives.

That such of the before mentioned acts as are expired, with all and Their continua.
every article, clause, matter and thing therein respectively contained, ye"rs°from the
be and they hereby are revived ; and such of said acts as are near i*^'^ ^^^p'
expiring are continued, and shall be in force from the tenth day of '^ ^'
Februaiy, instant, for the space of five j-ears, and to the end of the
next session of the general court, and no longer. [Passed February
8 ;* published February 28, 1757.

CHAPTER 25.

AN ACT FOR PREVENTING THE EXPORTATION OF PROVISIONS AND
WARLIKE STORES OUT OF THIS PROVINCE.

Be it enacted by the Lieutenant-Governour, Council and House of
Hej^resentatives,

[Sect. 1 .] That no warlike stores, or provisions of anj' kinds what- Exportation of
soever, save such as shall be hereafter excepted, shall be exported or ^n^J provi'sioria
carried out of any port or harbour in this province, in an3' vessel what- prohibited:
soever, during the continuance of this act : saving only such provisions saving.
and warlike stores as are necessary for the defence of each respective
vessel outward bound, or for the victualling of the mariners on board
the same, during their intended voyage, an account whereof, in writing,
shall be given by the master of such vessel, on oath, to the impost
officer, or his deput}' ; and wlien there is no impost officer or deputy,
then to a justice of the peace of the county or town clerk of the town
■whence such vessel sails, on penalty of one thousand pounds, to be Penalty, &c.,
forfeited b}' the owner or freighter of every vessel of an hundred tons [hL^act?'^ °^
or under, and two thousand pounds to be forfeited by the owner or
freighter of every vessel above one hundred tons.

Provided, alivays, —

[Sect. 2.] And it shall be lawful for the master of an}' ship or Fish, in bulk,
[orf] other vessel to take on board and to transport fish in bulk, the "li'bo'ard^'&c'!
owner, freighter or factor of such ship or other vessel, before she takes owner or'
on board any part of her cargo, giving bond to the impost oflflcer or his bondfoTiatTdln^

tbo same.
* Signed February 26, according to the record. t Sic.

1028

Province Laws.— 1756-57. [Chap. 25.]

Bond to be
given for pro-
visions or war-
like stores
designed for
any of His
Majesty's
colonies, &c.

Penalty for not
giving bond as
aforesaid.

Same penalty,
in ease of col-
lusive captures
of cargoes.

Penalty for
holding corre-
spondence or
communication
•with inhabitants
of Louisbourg,
&c.

deputy, with two sureties of known ubilities, and residents in this prov-
ince, in tbe sum of one thousand pounds for ever}' vessel of a hundred
ton[s] and under, and two thousan<l pounds for everyone above one
hundred tons (to be forfeited and recovered in manner as is hereafter
expressed), that the fish to bo laden on board is designed f )r, and shall
be landed in, some part of Europe in amity with his majest}', and that
he or they shall produce a certificate from the British consul or vice-
consul, if any there be residing at the port of her deliveries, and if
none, from some other proper authority', that said cargo has been there
landed.

Provided^ cdso. —

[Sect. 3.] That it shall and may be lawful for the master of any
ship or vessel, the owner or owners, factor or factors, freighter or
freighters, first giving bond as aforesaid, to take on board and to trans-
port an}' sort of provisions or warlike stores to any of his majesty's
colonies, islands or settlements in North America, provided such bond
be given Ijefore such warlike stores and provisions be put on board ;
the forfeiture to be sued for and recovered in any of his majesty's
courts of record proper to try the same, and to be one moiety thereof
to his majesty for the support of this governm[c?i3t, the other moiet}'
to him or them who shall inform or sue for the same ; and the master
of such vessel transporting warlike stores or provisions, where no bond
shall be given as aforesaid, shall, upon conviction, be liable to be sen-
tenced to stand in the pillory and have one of his ears cut off; said
bond[s] to be cancelled by a certificate of the officers of his maj[es]ty's
customs in the respective ports where such provisions or warlike stores
may be landed with consent of the commander-in-ch[ei][/e]f of. Ihis
province for the time being ; and without such certificate said bonds
are to be in force and recovered in manner as afores[ai]d, danger [s] of
the seas and captures by the enemy excepted.

And to prevent any fraud or collusion in the captures that va^y be
made, —

Be it further enacted^

[Sect. 4.] That if any masters or owners of any ships or vessels
that may be clear'd out of this governm[e)i]t, laden with provisions for
any of his majesty's other colonies or islands, shall be detected in caus-
ing any collusive captures of their cargo[r!]s, they shall be subject to
the same penalties as those are who shall export the same without first
giving bond.

And he it further enacted^

[Sect. 5.] That it shall be unlawful for any of his majesty's sub-
jects of this province, and they are hereb}' strictly forbidden to hold
any correspondence or communication with any inhabitants of Louis-
bourg, or any other of the French settlements ia North America, either
by land or water ; and if any person or persons belonging to this prov-
ince shall presume to carry or send any vessel to Louisbourg, or any
other French settlem[en]t in North America, during the continuance of
this act, the ship, sloop or other vessel cmplo3'ed, wi h all her tackle,
appurtenances and cargo, shall be forfeited, one lialf to his majesty for
the use of this province, and the other half to him or them who shall
inform and sue for the same in any of his majesty's courts within this
province proper to try the same ; and Ihc master shall be liable to have
one ear cut off, and be publicklj' whipp[c]'d thirty-nine lashes, and the
owner or owners, freighter or freighters, and factor or factors of the
owner or owners, or freighter, of such ship or other vessel, shall forfeit
and pa}-, each, five hundred pounds, to be recovered and disposed of as
above, and also be forever disabled to hold any place of honour or
prof [f Jit under this government.

[7th Sess.] Province Laws. — 1756-57. 1029

[Sect. 6.] This act to continue and be in force until the first da}' Limitation.
of Jul}', one thousand seven hundred and fifty-seven. [Passed Febru-
ary 25 ; puUislied February 28, 1757.

CHAPTEE 26.

AN ACT IN FURTHER ADDITION TO AN ACT, INTITLED " AN ACT FOR
REGULATING OF TOWNSHIPS, CHOICE OF TOWN OFFICERS, AND SET-
TING FORTH THEIR POWER."

Whereas in and by an act made in the fourth year of King William Preamble.
and Queen Mar}', intitled "An Act for regulating of townships, choice i692-93,chap.28,
of town officers, and setting forth their power," it is enacted, among ^^'
other things, that every person duly chosen to serve in the office of con- ' " "'"^ ^^" '
stable, v\'ho shall refuse to take the oath to that office belonging, or pay
the fine therein mentioned, shall be convened before the next sessions
of the peace to be hold for the county in which such town l[y][^]eth, to
answer for his neglect and refusal ; which, by experience, is found
inconvenient, and, in some counties, impracticable, —

Be it therefore enacted by the Lieutenant- Gover7ioin\ Council and
House of Representatives,

[Sect. 1.] That every person duly chosen to serve in the office of whatsiiaiibe
constable in any town or district in this province, who shall not, within iy^ipcrsm/"^^^
six days after his being notified of his choice, take the oath to that chosen con.
office belonging, or pay his fine, such omission shall be judged a refusal.
And the court of general sessions of the peace for that county in which Court of scs.
such town or district l[y][i]eth, are hereby directed and inipowered, t^^'^^to'conTCne
upon certificate under the hand of the town or district clerk, or two or persona chosen
more of the selectmen, that such person was legally chosen to the office a" any of their
of constable for such town or district, to convene bef )re them such per- sessions.
son at any of their sessions within the year for which he is chosen to
serve, and to proceed with him in like manner as, by the act aforesaid,
they are impowered.

And ivJiereas it is often found difficult personally to notify town, dis-
trict and precinct officers to take the oaths to their respective offices
belonging, within the time limit[^]ed by law, —

Be it enacted,

[Sect. 2.] That a notification under the hand of the town, district What shall Ve
or precinct clerk, being left by the constable at the house or usual place ck-n"t'w:inihif of
of abode of any person duly chosen to serve in any office in any town, aposon chosea
district or precinct, of whom an oath by law is required, shall be deemed
a sufficient warnins; as if personally notified : and the ne^ilect of such —as also a

f 1 ft

person to take the oaths required by law within six days after leaving guc'h'^'arniiig.
such notification, shall be deemed a refusal to serve in the office to which
he is chosen, and be subject to the same penalties as if he had appeared
and refused to serve.

And be it further enacted,

[Sect. 3.] That in the absence of a justice of the peace, the clerk By whom town,
of any town, district or precinct in this province, be and he is hereby mavbe'sworn.
fully impowered to administer the oaths by law required to be adrainis-
tred, to any officer chosen in such town, district or precinct, of whom
any oath is required by law ; and the said clerk shall make record
thereof in the town, district or precinct books. And when and so often
as any town, district or precinct officers are sworn before a justice of

1030

Province Laavs.— 1756-57. [Chaps. 27, 28.]

the peace, such justice shall transmit to the town, district or precinct
clerk, respectively, a certificate of the officers by him sworn, which shall
be registred in the town, district or precinct books by their respective
clerks. [^Passed January 29 ; * published February 28, 1757.

CHAPTER 27.

AN ACT FOR THE BETTER REGULATING THE FISHERY.

Preamble.

No fishing ves-
eels to go on a
fishing voj-age
for the banlis of
Newfoundland,
&c., before the
25th of March,
1757,

— on penalty
of £100.

How the
penalty shall be
recovered.

Whereas it has been found by long experience that great losses have
arisen to the publick, and to many private persons, from fishing ves-
sel[l]s departing too early on their voyages to the banks, —

Be it therefore enacted by the Lieutenard-Governo\_u'\r^ Council and
House of Representatives^

[Sect. 1.] That no fishing vessel [l][s] shall depart out of any part
of this province on a fishing voyage to the banks of Newfoundland, or
any other of the banks, before the twent3'-fifth day of March next.

[Sect. 2.] And the owner or owners of any vessel[l] that may
depart contraiy to the true intent and meaning of this act, shall for-
f [ic] \_ei']t and pay to his majest}', for the use of this government, the
sum of one hundred pounds : saving, only such vessel[l]s and boats
that are usuall}- employed in catching fish for the support of the inhab-
itants and that shall not be absent more than four days at a time,
extraordinary casualties excepted.

[Sect. 3.] The penal t}' aforesaid to be sued for and recovered ia
any of the courts of record in this province by the treasurer thereof.
[^Fassed February 14 ;* p)ublished February 28, 1757.

CHAPTEE 28.

AN ACT FOR FURTHER REGULATING THE COURSE OF JUDICIAL PRO-
CEEDINGS.

Preamble. Whereas trials of civil actions, upon appeals and reviews, have been

1753-54, chap. 42. unnecessaril}^ multiplied, to the great charge and gr[ei][ie]vance of
manj^ of his majesty's subjects within this province, —

Be it therefore enacted by the Lieutenant- Govern[_ou']r, Council and
House of Representatives,

[Sect. 1.] That no writ[t] of review shall hereafter be brought to
any inferiour court of common pleas ; and that whensoever in any action
that now is depending, or shall hereafter be brought in any of the courts
within this province, the part}', whether plaintiff or defendant, which
shall have recovered judgment on the first trial, shall likewise recover
on a second trial, no review shall be allowed in such action.

[Sect. 2.] This act to continue and be in force for five j^ears from
the twenty-eighth day of January, one thousand seven hundred and fifty-
seven, and no longer. [^Passed January 27 ;* published February 28,
1757. .

* Signed February 26, according to the I'ecord.

Limitation.

[7th Sess.] Province Laws.— 1756-57. 1031

CHAPTEE 29.

AN ACT FOR THE SUPPLY OF THE TREASURY "WITH THE SUM OF
THREE THOUSAND POUNDS.

"Whereas this province, in conjunction with the governments of Con- Preamble,
necticut, Rhode Island and New Hampshire, have agreed and concluded
to levy four thousand men out of their several governments, under the
command of his excellency the Earl of Loudoun, for his majesty's ser-
vice in North America ; and ivhereas the quota of men in this province
to be levied is eighteen hundred, including officers ; and as this govern-
ment have voted a bounty for the encouragement of able-bodied men to
inlist in said service, —

Be it enacted by the Lieutenant-Governo[^u']r, Council and House of
Representatives,

[Sect. 1.] That the treasurer of the province be and he hereby is Treasurer
impowered and directed to borrow, of such persons as shall appear will- borrow'£2%o.
ing to lend, a sum not exceeding two thousand pounds ; and for every
sum so borit)wed, he shall give his receipt or obligation in the form fol-
lowing : —

Province of the Massachusetts Bay, the day of , 1757. Form of

Received of the sum of , for the use and service of receipr'**

the province of the Massachusetts Bay, and in behalf of said province, I do
hereby promise and oblige myself and successors in the office of treasurer
to repay the said or order, the fifteenth day of June, 1758, the afore-

said sum of , in coined silver at six shillings and eightpence per

ounce, or mill'd dollars, at six shillings each, with interest at the rate of six
per cent per annum until paid.

which money [s] shall be applied by the treasurer for the service afore-
said, to be drawn out of the treasury by warrant from the governo[M]r
and council.

Provided, nevertheless, —

[Sect. 2.] That no draught shall be made on the treasurj' in favour Proviso.
of any of the colonels, majors, captains or any other persons, who shall
be impowered to inlist men for the aforesaid service, until they have
ascertained to the governo[M]r and council the number of men they
have actually inlisted for the service aforesaid, and to whom they have
either advanced or engaged to pay the bounty agreeable to the vote of
this court.

And as a fund to enable the treasurer to redeem the notes or obliga-
tions, with the interest that may be due thereon, b}' him given in pur-
suance of this act, —

Be it enacted,

[Sect. 3.] That the duties of impost for the j^ear seventeen hundred Duties of impost
and fift3'-seven be and hereby is appropriated, and shall be applied for '''pp'°p"'' ^
that purpose, and no other.

And as a further fund and security, —

Be it enacted,

[Sect. 4.] That one thousand pounds, part of the surplusage that Surplusage to
is or will shortly be in the treasury, be applied to answer such ^e applied, &c.
dra[f][t<g'7t]t8 as shall be made in pursuance of this act. [^Passed
February 23 ; * published February 28, 1757.

• Signed February 26, according to the record.

1032

Province Laws.— 1756-57. [Chap. 30.]

CHAPTEK 30.

Fees estab-
lished.
1756-57, chap. 6.

AN ACT FOR ESTABLISHING AND REGULATING THE FEES OF THE SEV-
ERAL OFFICERS, WITHIN THIS PROVINCE, HEREAFTER MENTIONED.

Be it enacted by the Lieutenant-Governour, Council and House of Rep-
resentatives in General Court assembled,

[Sect. 1 .] That from and after the publication of this act, the estab-
lishment of the fees belonging to the several officers hereafter mentioned
in this province, be as followeth ; viz., —

JUSTICES' FEES.

Justice's fees. Yox granting a writ and summons, or original summons, one shilling.
Subpoena, for each witness, one pcnn}' halfpenny.
Entring an action or filing a complaint in civil causes, two shillings.
Writ of execution, sixteen pence.
Filing papers, each, one penny halfpenny.
Taxing a bill of cost, threepence. •

Entring up judgment in civil or criminal cases, ninepence. *
Copy of every evidence, original papers or records, eightpence per page

for each page of twenty-eight lines, eight words in a line : if

less than a page, fourpence.
Each recognizance or bond of appeal, one shilling.
Taking affidavits out of their own courts in order for the trial for any

cause, one shilling, and eighteen pence for his travel every ten

miles, and so in proportion ; —
in other cases, together with certificates, examining and entring, 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, one shilling.
Entring a complaint, making up judgment therein, the same as in civil

causes.
For granting a warrant, swearing apprizers relating to straj^s, and

entring the same, one shilling and sixpence.

CORONER'S FEES.

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, one shilling.

Every trial where the sheriff is concerned, eightpence.
Taking an inquisition, to be paid out of the deceased's estate, five

shillings ; if more than one at the same time, seven shillings and

sixpence in the whole ; if no estate, then, to be paid out of the

county treasury, five shillings.
For travelling and expences for taking a inquisition, each day, four

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.
The constable, for his expences, summoning the jury and attendance,

four shillings per day.

[7th Sess.] Province Laavs.— 1756-57. 1031

JUDGE OF PROBATE'S AND REGISTER'S FEES.

For granting; administration or guardianship, — Judge of pro-

DO o A 7 t)D.tc s unci

to the judge, three shillings. register's fees.

To the register, for writing letter and bond of administration and guar-
dianship, two shillings 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 and
sixpence ; to the register, for each letter of guardianship and
bond, as before.
Proving a will or codicil ; three shillings and sixpence to the judge,

and two shillings and sixpence to the register.
Recording a will, letter of administration or guardianship, inventory or
account, of one page, and tiling the same, one shilling and
threepence ; —
for every page more, of twenty-eight lines, of eight words in a line,
eightpence.
For copy of a will and inventory, for each page, eightpence.
Allowing accompts, three shillings to the judge.
Decree for settling of intestate estates : to the judge, three shillings ; —

for examining such accompts, one shilling.
A citation,- ninepence.

A quietus: to the judge, one shilling, to the register, one shilling.
"Warrant or commission for apprizing or dividing estates ; one shilling

and sixpence to the judge ; to the register, one shilling.
Making out commission to receive and examine the claims of creditors
to insolvent estates ; to the judge, one shilling, to the register,
one shilling : for recording, eightpence each page.
Registering the commissioner's report, each page, eightpence.
Making out and entring an order upon the administrators for the dis-
tribution of the estate ; to the judge, one shilling and sixpence,
to the register, one shilling.
For proportioning such estate among the creditors, agreeable to the
commissioner's return, when the estate exceeds not fift}^ pounds,
three shillings ; and, above that sum, four shillings.
For recording the same, eightpence per page.
And he it further enacted,

[Sect. 2.] That whensoever any fees shall be paid in the probate
office for the probate of a will and letters testamentar}', or for granting
letters of administration or letters of guardianship or for any mat-
ter or thing from time to time arising in consequence of such letters
testamentary or letters of administration or letters of guardianship,
and until the estate upon which they are respectivel}^ granted shall be
fully settled, a particular account of such fees before payment shall
by the register or judge be set down in writing and given to the person
paying the same. And any such fees, received without being thus
ascertained in writing, shall be deemed illegal fees and the person
receiving the same shall forfeit and suffer accordingly.

IN THE SUPERIOUR COURT.

justice's fees.

Entring an action, six shillings and eighj;pence. Justices of the

Taking special bail, one shilling and sixpence. ° ""*

Allowing a writ of error, two shillings.
Allowing a habeas corpus, sixteen pence.
Taxing a bill of cost, eightpence.
130

superior court.

1034

Province Laws.— 1756-57. [Chap. 30.]

Attorney's fee, to be allowed in the bill of cost taxed, where the case is
tryed by a jury, twelve shillings ; where it is otherwise, six
shillings.

Granting liberty for the sale or partition of real estates, one shilling.

On receiving each petition, one shilling.

Allowance to the party for whom costs shall be taxed, and to witness
in civil and criminal causes, one shilling and sixpence per day,
ten miles' travel to be accounted a day ; and the same allowance
to be made to parties, as to witnesses at the inferiour courts,
courts of sessions and before a justice of the peace.

Granting a writ of protection, one shilling.

clerk's fees.

Clerk's fees. A writ of review, three shillings.

A writ of scire facias, two shillings.

A writ of execution, one shilling and sixpence.

A writ of facias habere possessionem, two shillings and sixpence.

A writ of habeas corpus, two shillings.

Copies of all records, each page, of twenty-eight lines, eight words in a

line, ninepence ; less than a page, sixpence.
Entring each action for trial, four shillings.
Entring each complaint, two shillings.
Each petition entered and read, one shilling.
Order on each petition granted, one shilling.
Receiving and recording a verdict, one shilling.
Entring a rule of court, ninepence.
Confessing judgment or default, one shilling.
Every action withdrawn or nonsuit, one shilling.
Entring an appearance, sixpence.

Acknowledging satisfaction of a judgment, on record, eightpence.
Examining each bill of cost, eightpence.

Continuing each cause, and entring the same next term, one shilling.
Filing each paper in each cause, one penn^' halfpenny.
Proving a deed in court, and certifying the same, one shilling.
Entring up judgment and recording the same at large, two shillings.
For each venire, to be paid out of the count}^ treasuries, respectively, on

the justice's certificates, threepence.
Every writ and seal other than before mentioned, two shillings.
Every subpoena, one penny halfpenny.
Each recognizance, one shilling.
A writ of protection, one shilling.

Justices of the
inferior court,
fees.

IN THE INFERIOUR COURT OF COMMON PLEAS.

JUSTICE'S FEES.

Entry of every action, five shillings and fourpence.

Taxing a bill of cost, sixpence.

Taking a recognizance on appeals, one shilling.

Proving a deed, one shilling.

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

Granting a writ of protection, one shilling.

IN THE COURT OF GENERAL SESSIONS OF THE PEACE.

For each day's attendance at the sessions, to be paid out of the fines,
two shillings and eightpence.

[7th Sess.] Pkovince Laws.— 1756-57. 1035

For granting every licence to retailers and innholders, and taking their Court of general
recognizance, six shillings in the whole, one third thereof to the peace. ^°
clerk.

Each recognizance in criminal causes, one shilling.

clerk's fees.

Everj'^ action entered, one shilling and fourpence. Clerk's fees.

Every writ and seal, sixpence.

Ever}' appearance, fourpence.

Entring and recording a verdict, eightpence.

Recording a judgment, one shilling.

Copies of all records, each page, of twenty-eight lines, eight words in a

line, eightpence.
Every action withdrawn or nonsuit, eightpence.
Every execution, one shilling and fourpence.
Confessing judgment or default, eightpence.
Acknowledging satisfaction of a judgment on record, eightpence.
A writ of habeas corjms, two shillings.

Continuing each cause, and entering at the next term, eightpence.
Each recognizance, one shilling. ^.^

Examining each bill of cost, sixpence.
Each venire, to be paid out of the county treasuries, respectively, by

order of court, threepence.
Writ of facias habere possessionem, two shillings.
Filing each paper, one penny.
A writ of protection, one shilling.

GOVERNOUR AND SECRETARY'S FEES.

For registers : to the governour, three shillings ; to the secretary, two Governor and

shillings secretary's fees.

For certificates under the province seal : to the governour, three shil-
lings ; to the secretaiy, two shillings.

For warrants of apprizements, surve}', &c. : to the governour, three
shillings ; to the secretaiy, three shillings.

To the governour, for a pass to the castle, for each vessel, one shil-
ling : wood-sloops and other coasting vessels, for which passes
have not been usually required, excepted.

For a certificate of naval stores, in the whole, three shillings.

SECRETARY'S FEES.

For engrossing the acts or laws of the general assembly, six shillings Secretary's fee^
each, to be paid out of the publick revenue.

Every commission for the justices of each county, and commission of
oyer and terminer, six shillings and eightpence, to be paid out of
the publick revenue.

Special warrant or mittimus by order of the governour and council,
each, two shillings and sixpence.

Every commission under the great seal, for places of profit, six shil-
lings and eightpence, to be paid by the person commissionated.

Every bond, three shillings.

Every order of council to the benefit of particular persons, two shil-
lings.

Every writ for electing of assemblymen, directed to the sheriff or mar-
shal under the province seal, five shillings, to be paid out of
the publick revenue.

For transcribing the acts or laws passed by the general assembly into
a book, eightpence per page, — each page to contain twenty-eight

sessions' fees.

1036 Peovince Laws.— 175G-57. [Chap. SO.]

lines, eight words in a line, and so proportionably, — to be paid
out of the publick revenue.
Every commission for military officers, to be paid out of the publick treas-
ury, two shillings.

CLERK-OF-THE-SESSIONS' FEES,

cierk-of-tiie- Entrinff a complaint or indictment, one shilling and fourpence.

Discharging a recognizance, eightpence.

Each warrant for criminals, one shilling.

Every summons or subpoena, twopence.

Every recognizance for the peace or good behaviour, one shilling.

For every other recognizance, one shilling.

Entring up judgment, or entring satisfaction of judgment, on record.*

Warrant for county tax, one shilling.

For minuting the receipt of each petition, and order thereon, and
recording, eightpence per page, as before.

Examining and casting the grand jury accounts, yearly, 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 records or original papers, eightpence per page, as
before.

For filing each paper, one penny.

For transmitting to the selectmen of every town in the county a list of
the names of the persons in such town licenced the year before,
threepence, to be paid by each person licenced, and no more.

SEERIFF'S OB CONSTABLE'S FEES.

Sheriff's or For Serving an Original summous, ouc shilling.

constable's fees, -p, ° ^. , , . . ., ° , . . . ,

Every capeas or attachment in civil, or warrants m criminal, cases
for trial, sixteen pence ; and for travel out, one penny half-
penny per mile ; and for the return of the writ (the travel to
be inserted on the back of the writ or original summons) , one
penny halfpenny per mile.

Levjdng executions in personal actions, for the first twenty pounds or
under, ninepence per pound ; above that, not exceeding forty
pounds, fourpence per pound ; above that, not exceeding one hun-
dred pounds, twopence per pound ; for whatsoever it exceeds one
hundred pounds, one penu}' per pound.

For travel out, one penny halfpenny per mile, and for the return of the
execution, one penny halfpenu}' per mile ; all travel in serving
writs and executions, to be accounted from the officer's house
who does the service, to the place of service, and from thence to
the court-house or place of trial.

For giving liver}' and seisin of real estates, six shillings, travel as
before : if of different parcels of land, four shillings each.

For serving an execution upon a judgment of court for partition of real
estates, to the sheriff, five shillings per da}' ; and for travel and
expences, threepence per mile out from the place of his abode :
and to each juror, two shillings per day ; and for travel and
expences, threepence per mile.

Every trial, eightpence.

Every default, fourpence.

A bail bond, eightpence.

For making out (jvery precept for the choice of representatives, sending
the same to the several towns, and returning it to the secretary's
office, sixteen pence ; to be paid out of the county treasuries,
respectivel}'.

To the officer attending the grand jury, each day, two shillings.

* Sic.

[7th Sess.] Province Laws.— 1756-57. 1037

To the officer attending tlie petit juv}', one shilling eveiy cause.

For disi^ersing venires from the clerk of the superiour court, and the
province treasurer's warrants, fourpence each.

For dispersing proclamations, sixpence each.

For the encouragement unto the sheriff to take and use all possible
care and diligence for the safe keeping of the prisoners that shall
be committed to his custody, he shall have such salary allowed
him for the same as the justices of the court of general sessions
of the peace within the same county shall think fit and order ;
not exceeding ten pounds per annum for the count}' of Suffolk,
and not exceeding five pounds per annum apiece for the counties
of Essex and Middlesex, and not exceeding three pounds per '

annum apiece in each of the other counties within the province :
to be paid out of the treasury of such county.

CBYEB'S FEES.

Calling the .jury, fourpence. Crier'sfees.

A default or nonsuit, eightpence.

A judgment affirmed on a complaint, eightpence.

A verdict, eightpence.

TO THE CAPTAIN OF CASTLE WILLIASf.

For every pass from the governour for outward-bound vessels (coast- Captain-of-the.
ers, fishing and wood-vessels excepted), one shilling. castle's fees.

GOALER'S FEES.

For turning the key on each prisoner committed, three shillings ; viz.. Jailer's fees.

one shilling and sixpence in, and one shilling and sixpence out.
For dieting each person, for a week, three shillings.

MESSENQEB-OF-THE-HOUSE-OF-REPBESENTATIYES' FEES.

For serving every warrant from the house of representatives, which Messenger-of-
they may grant for arresting, imprisoning, or taking into custody- tepresentatiw
any person, one shilling and sixpence. f^cs.

For travel, each mile out, twopence per mile.

For keeping and providing food for such person, each day, one shilling
and sixpence.

For his discharge or dismission, one shilling and sixpence.

GRAND JURORS' FEES.

Foreman, per day, two shillings and sixpence. Grand jurors'

Each other juror, two shillings.

PETIT JURORS' FEES.

To the foreman, in every cause at the superiour and inferiour courts, or Petit jurors*

sessions, two shillings and sixpence. ^'^^^'

To every other juror, one shilling and sixpence.

FOR MARRIAGES.

For each marriage, to the minister or iustice officiating, four shillings. P^^es for

Marriuifes.

For recording it : to the town clerk, to be paid hj the minister or jus-
tice, fourpence ; and to the clerk of the sessions, to be paid by
the town clerk, twopence.

To the town clerk, for evcrj' publishment of the banns of matrimonj^,
and entring thereof, one shilling.

Every certificate of such publishment, sixpence.

Recording births and deaths, each, twopence.

For a certificate of the birth or death of any person, threepence.

1038

Province Laws. — 1756-57.

[Chap. 31.]

County reg-
ister's fees.

COUNTY REGISTER'S FEES.

For entring or recording or copying any deed, conveyance or mort-
gage, for the first page, ninepence ; and eightpence per page for
so many pages more as it sliall contain, accounting after the rate
of twenty-eight lines, of eight words in 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 : the fees to be paid at the offering
the instrument ; —
and for a discharge of a mortgage, eightpence.

Penalty for
taking excessive
fees.

Limitation.

And he it further enacted.,

[Sect. 3.] That if any person or persons shall demand or take any
greater fee or fees, for any of the services aforesaid, than is by this. law
provided, he or they shall forfeit and pay to the person or persons injured,
the sum of ten pounds for every offence, to be recovered in any court
proper to hear and determine the same.

[Sect. 4.] This act to continue and be in force for the space of two
years from the publication thereof, and from thence to the end of the
next session of the general court, and no longer. \_Passed February
25 ;* published February 28, 1'757.

CHAPTER 31.

AN ACT TO PREVENT DAMAGE 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.

174243, chap. 11.
1746-47, chap. 22.
1749-50, chap. 25.

Horses, cattle,
and sheep not
to feed on Bil-
lingsgate beach,
&c.

Penalty.

Cattle to be
impounded if
found feeding
on the beach,
&c.

Whereas many persons 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 tlie baj^ to the great damage not only of
private persons in their employment of getting oysters, but also to the
publick, b}' filling up said bay, which is often used by seamen in stress
of weather, —

Be it therefore enacted by the Lieutenant-Governol^uyr, Council and
House of Representatives^

[Sect. 1.] That from and after the publication of this act, no per-
son or persons shall presume to turn or drive any neat cattle, or horse-
kind, or sheep, to or upo:i the islands or beach lying Avesteily of Bil-
lingsgate Bay and south of Griff[e][ijn's Island (so called) in the town
of Eastham, to feed thereon, upon the penalty of ten sliillings a head
for all neat cattle, and for every horse oi' mare, and one shilling for each
sheep that shall be turned or found feeding on said islands and beach
which l[.y][i]6 south of Griff[e][i]n 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, and the other half to be to and for the use of the poor of said
town.

And be it further enacted.,

[Sect. 2.] That if any neat cattle, or horse-kind, or sheep, shall at
any time hereafter be found feeding on the said islands and beach south
of Griff[e][i]n's Island, that it shall and may be lawful[l] for any

• Signed February 26, according to the record.

[7th Sess.] Province Laws.— 1756-57. 1039

person to impound the same, immediately giving notice to the ownei's,

if known, otherwise to give public[k] notice thereof in the said town

of Eastham and the two next adjoining towns ; and the impounder

shall rel[ei][ie]ve the creatures with suitable meat and water while

impounded ; and if the owner thereof appear, he shall pay the sum of

three shillings to the impounders for each neat beast and horse-kind,

and fouriDence for each sheep, and the reasonable cost of rel[ei][ie]v-

ing them, besides the pound-keeper's fees. And if no owner appear Rules referring

■within the space of six days to redeem the said cattle or horse-kind or pounded'cattie.

sheep so impounded, and to pay the damages 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 (public[k] 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 impounding, 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 to be
March, annualh', for the choice of town officers, be authorized and im- thu^act'in^***
powered to chuse one or more meet person or persons, wliose duty it execution.
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 [^or persons'] so chosen shall refuse to be sworn,
he shall forfeit and pay three pounds to the poor of the said town of
Eastham, and the said town of Eastham, at a town meeting warned for
that purpose, may at ax)y time before March next chuse such officers,
who shall continue until their annual meeting in March next.

And be it further enacted,

[Sect. 4.] That for and during the term of ten j^ears, accounting Samuel Smith,
from the first day of April, one thousand seven hundred and fifty-seven, U)7ced a^num.
it shall and may be lawful for Samuel Smith, Esqi^'^., his heirs, execu- bor of cattle
tors and administrators, to feed, on the beach and islands aforesaid,
twelve neat cattle, from the first day of April to the first day of June,
and eighteen neat cattle, from [^/le] said first of June to the twentieth
day of November, annually ; and one cow, for the use of the family" on
said island, for and during the whole of the term before mentioned.
And that the said Samuel Smith, be impowered to build, at his own
expence, a pound on said island, for impounding such creatures as shall
be found feeding on said island other than by this act is allowed ; and
that the pound-keeper or pound-keepers, who shall be chosen pursuant
to this act, have the care and charge of the pound by this act allowed
to be erected on said island as aforesaid ; anything in this act to the
conti'ary notwithstanding.

Provided, —

[Sect. 5.] That the said Samuel Smith, his heirs, executors or Proviso,
administrators, shall and do make and maintain a good and sufficient
fence across the north part of the said island, and into the sea ; and
keep a house and familj^ on said island during the terra aforesaid, and
also make good all reasonable damage that shall accrue to the owners
of the meadow lying between said island aud Beach Hill.

And be it further enacted,

[Sect. 6.] That the said town of Eastham, at their meeting in Town of East.
March, annually, shall and may have liberty to chuse one or more per- gi?"^ X?^'^'

1040

Province Laws. — 1756-57. [Chap. 32.]

son or persons to inspect said islands, and to add to or diminish said
number of cattle feeding thereon, as they shall from time to time find
necessary and most convenient for the benefit of said islands. [Passed
February 11 ;* published February 28, 1757.

CHAPTER 32.

AN ACT FOR PREVENTING THE UNNECESSARY DESTRUCTION OF ALE-
WIVES IN THE TOWN OF SANDWICH.

Preamble.

1745-46, chap. 14,
1748.49, chap. 19.

Regulation of
the use. of nets
for taking ale-
wives.

Fish otherwise
taken, to be
forfeited.

Account to be
taken of fish
transported.

Disposal of
fines.

Preamble.

Manner of
prosecution.

1726-27, chap. 3,

Whereas the laws already provided against the destruction of the
fish called alewives, do not in divers circumstances reach the case of
Herring River, in the town of Sandwich, so that nevertheless great
waste is made of them by ill-minded persons, to the great damage of the
publick ; to prevent which, —

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

[Sect. 1.] That from and after the first day of April next, no per-
son or persons whosoever 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 Icnown b}^ the name of Herring River,
in the town of Sandwich, or ponds adjacent thereto, where the fish usu-
ally spawn, or use any other instrument for the catching alewives but
dip-nets or scoop-nets, without first obtaining special licen[s][c]e there-
for 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 place in said river or pond, but such as shall be determined
and ai)pointed at such meeting, on penalty 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 aforesaid, and be recov-
ered by action, bill, plamt or information in any court proper to try the
same.

And be it further enacted,

[Sect. 2.] That all fish taken in said river or ponds, contrary to the
true intent of this act, shall be liable to be forfeited to the overseers
appointed by said town.

And be it further enacted,

[Sect. 3.] That all coasters or boatmen shall give in upon oath, if
required, to the town clerk of said Sandwich, what quantity of the said
alewives the}' have taken on board, and who were the owners of said
fish.

[Sect, 4.] All fines and forfeitures arising by this act to be disposed
of, one half for the bene lit of the poor of said town, the other to him
or them who shall inform and sue for the same.

And whereas a considerable part of the banks of said river is cov-
ered with thick woods, and thereby so obscured as that persons may
frequently 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,

[Sect. 5.] 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 intitled "An Act in addition to and for rend[e]x'ing

Signed February 26, according to the record.

[7th Sess.] PiiovmCE Laws. — 1756-57. 1011

more effectual an act made in the tenth j'ear of the reign of King Will-
iam the Third, intitled ' An Act for preventing of trespasses,' " made
in the twelfth year of the reign of his late majestj-, King Qeoro^e the
First.

[Sect. 6.] This act to be in force for the space of three years from Limitation,
the first day of April next, and no longer. IPassed February 21 ; * pub-
lished February 28, 1757.

♦ Signed February 26, according to the record.
131

1042

Province Laws.— 1756-57. [Chap. 33.]

ACTS

Passed at the Session begun and held at Boston,
ON the Thirtieth day of March, A. D. 1757.

CHAPTER 33.

Preamble.

Inquiry to be
made at the
castle respect-
ing infectious
vessels.
1749.50, chap. 6.

Selectmen to
certify the
safety of ves-
eels coming into
the harbor.

Penalty for
master's offence.

Leave to be had
of the select-
men for landing
passengers or
goods.

AN ACT FOR REGULATING THE HOSPITAL ON RAINSFORD'S ISLAND,
AND FURTHER PROVIDING IN CASE OF SICKNESS.

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
sickness, —

Be it therefore enacted by the Council and House of JRepresent[^ati']ves,

[Sect. 1.] That [i][e]nquiry shall be made by the officer or other
person on duty at Castle William, of eveiy vessel coming fi'om sea and
passing by said castle, whether they are all well on board, and also
whether an}^ infectious sickness has been on board since they left the
port from whence they last came ; and if any vessel inquired of as
aforesaid shall have any sickness on board, and upon further inquiry
the same shall appear to be the plague, small-pox or any other malig-
nant, infectious distemper, in such case order shall be given to the
master or commander of such vessel forthwith to go down with his
vessel, and anchor as near the hospital at Rainsford's Island as con-
veniently may be; or if aii}^ vessel [i][e]nquired of as afores[m]d
shall have had any infectious sickness on board since they left the port
from whence they last came, in such case orders shall be given to the
master or commander of such vessel immediately to anchor, and to
remain at anchor until[l] a certificate shall be obtained from the major
part of the selectmen of the town of Boston, that they are of opinion
such vessel may come up to town without danger to the inhabitants,
or until [1] the said master shall receive orders from the said selectmen
to go with his vessel and anchor near the hospital aforesaid ; and in
case any master or commander shall, by himself or people on board,
make false answer when hail'd by the castle, or, after orders given as
aforesaid, shall neglect or refuse to anchor near the castle as afore-
,s[ai]d, or come on shore, or suffer any passengers or persons belonging
to the vessel to come on shore, or any goods to be taken out before the
vessel shall have anchor'd, or without liberty from the selectmen as
aforesaid, or in case any master or commander, order'd to anchor near
the hospital afores[ca]d, shall neglect or refuse so to do, in ever}' such
case every master or commander so offending shall forfeit and pay the
sum of one hundred pounds, or suffer six months' imprisonment.

And be it farther enacted,

[Sect. 2.] That upon application made to the selectmen of the
town of Boston by any master or commander of any vessel at anchor
near the hospital as afores[ai]d, the said selectmen are hereby impow-

[8th Sess.] Province Laws. — 1756-57. 1043

ered to permit such passengers, goods or lading, as they shall judge
free from infection, to come on shore, or to be taken out and disposed of
as the owners shall see meet ; and such passengers and goods as shall
not be permitted as afores[ai]d, shall remain on board, or be landed on
said island.

[Sect. 3.] Or if any master or immediate commander of an}- such Forfeiture for
vessel, for the time being, shall come on shoar, or suffer anj- of his n°"gt'e'r and^ *^*
people or passengers to come on shoar, or any boats to come on board, others.
or suffer any goods to be taken out of his vessel, unless permitted as
afores[ai]d, or shall come up with his vessel, until[l] by a certificate
under the hands of the selectmen or major part of them as afores[cu']d,
it shall appear to the capt[ai]n-general that 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 fifty pounds ; and in case he be not able to pa}- that
sum, he shall suffer three months' imprisonm[eH]t : and if any sailors
or passengers coming in said vessel shall, without the knowledge or
consent of the master, presume to come on shoar, or up above the said
castle, or if any person from town or countrj- shall, knowingl}-, pre-
sume to go on board such vessel, or go to the afores[rt/]d house or
island in time of infection there, without leave as afores[cf^]d ; 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 afores[ca']d,
— ever}' person offending in any of the particulars above mentioned, shall
fbrfeit the sum of forty pounds ; and in case an}' person be not able to
pay the said sum, he shall suflTer two months' imprisonm[(?»Jt : all the
before-mentioned fines to be sued for and recovered Ijy the selectmen of
the town of Boston, for the time being ; one moiety thereof to be to
his majesty for the use of this government, the other moiety to the
Informer.

And be it farther enacted,

[Sect. 4.] That when and so often as any ship or other vessel, Justices of the
wherein any infection or infectious sickness hath lately l^eon, shall come inTectiourvos-
to any port or harbour within this province ; or when and so-oftcn as any to'the'iufspitai*
person or persons belonging to, or that may either by sea or land come
into, any town or place near the publick hospital within this province, shall
be visited, or who lately before may have been visited with any infec-
tious sickness, two of the justices of the peace or selectmen of such place
be and hereby are impowered immediately to order the said vessel and
sick persons to the province hospital or house afores[c«']d, there to be
taken care of according to the directions of this act : and where any
such ship, vessel or persons cannot, without great inconvenience and
damage, be ordered to the afores[a;']d house or hospital, in every such
case the rules and directions are to be observed which are already made
in and by an act pass'd in the 13th year of the reign of his late
majesty King William the Third, intitled " An Act providing in case of i'oi-2, chap. 9.
sickness."

And be it further enacted,

[Sect. 5. J That if any master, seaman or passenger belonging to Pcn.aity for not
any ship, on board which any infection is or hath lately been, or is sus- o!ith7rofln-ing
pected to have lately been, or coming from any port where any infec- to infection.
tious, mortal distemper prevails, shall refuse to make answer on oath to
such questions as may be ask[e]'d him or them by the selectmen of the
town, who are hereby impowered to administer the same, to which suoh
ship shall come, relating to such infection, such master, seaman or pas-
senger shall forfeit the sum of fifty pounds ; and in case he ha not able
to pay said sum, he shall suffer six months' imprisonm[e?i]t ; the above-
mentioned fine to be sued for and recovered by the selectmen of the

1044

Peovixce Laws. — 1756-57.

[Chap. 34.]

Selectmen
directed and
empowered in
providing
nurses, attend-
ance, &c.

respective towns where the offence shall be committed : one moiety
thereof to be to his majesty for the use of this governm[en]t, and the
other moiety to the informer. And where any person shall be convicted
of any offence against this act, and suffer the pains of imprisonm[en]t,
and shall be unable to pay the costs of prosecution, such costs shall be
paid by the several towns to which such persons respectively belong ;
or, if not inhabitants, shall be allowed and paid out of the province
treasur3^

[Sect. 6.] And the selectmen of Boston are directed and impowered
to provide nurses, assistance and other necessaries for the comfort and
rel[ei][ie]f of such sick persons sent to said hospital as afores[ai]d ;
the charge thereof to be born by the said persons themselves, if able ;
or, if poor and indigent, by the towns to which they respectivel}^ belong ;
or, if not inhabitants, then at the immediate charge of the province.
[_Passed April 13 ; lyuhlished April 25, 1757.

CHAPTER 34.

AN ACT FOR THE EFFECTUAL PREVENTING THE CURRENCY OF THE
BILLS OF CREDIT OF CONNECTICUT, NEW HAMPSHIRE AND RHODE
ISLAND WITHIN THIS PROVINCE,

Preamble.
1753-54, chap. 23,

Bills of credit
of Connecticut,
New Hamp.
shire or Rhode
Island not to be
received or
paid.

Persons chosen
into any office,
to take the fol-
lowing oath.

Form of the
oath.

Whereas bills of credit still continue current within the governments
of Connecticut, New Hampshire and Rhode Island, and have greatly
depreciated in their value, and are liable to depreciate still further ; and
it is of great importance to the interest of the inhabitants of this prov-
ince, and to the interest of such of his majesty's subjects in Great Brit-
ain and elsewhere as have trade and commerce here, that the currency
of said bills should be effectually prevented throughout this govern-
ment,—

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

[Sect. 1 .] That every person within this province be and hereby is
strictl}^ forbidden to account, receive, take or pay au}^ bill or bills of
credit of either of the governments of Connecticut, New Hampshire or
Rhode Island, in discharge of any contract or bargain, or for an}' val-
uable consideration whatsoever ; and that eveiy person who shall so
account, receive, take or pay any of said bills within this province
shall f()rf[ie][e?"]t the sum of fifty pounds for every offence : one moiety
thereof to his majesty, his heirs and successors, to and for the use of
this government, the other moiety [to] [c»/'] him or them that shall sue
for the same, to be recovered with full costs of suit by action of debt
in any of his majesty's courts of record within th[is][e] province, or
by presentment of the grand jury.

And be it further enacted,

[Sect. 2.] That from and after the thirtieth day of March which
will be in the year of our Lord one thousand seven hundred and fifty-
seven, every person who shall be chose to serve in any office in anj'' of
the towns or districts or precincts of this province, shall, before his
ent[e]rance upon such oflflce, take the following oath, to be adminis-
tred b}- a justice of the peace, or, where no justice of the peace shall
be present, by the town, district, or precinct, clerk, who is hereb}" im-
powered to administer the same ; vizi^'^., —

You, A. B., do, in the presence of God, solemnly declare that you have not,
since the thirtieth day of March, 1757, wittingly and willingly, directly or

[8th Sess.] Pkovixce Laws. — 1756-57. 1045

indirectly, either by yourself or any for or under you, been concerned in re-
ceiving or paying, within this government, any bill or bills of credit of either
of the governments of Connecticut, New Hampshire or Rhode Island. So
help you God.

[Sect. 3.] And where any person, chosen as aforesaid, shall refuse Penalty in case
or neglect to take the oath aforesaid, on tendering the same, the town, "ake'sam'oath
district or precinct shall proceed to the choice of another person in his
room ; and where an}" person shall be elected by an}^ town, district or
precinct into any office, to the non-acceptance or refusal whereof a pen-
alty is by law annexed, such person neglecting or refusing to take the
oath aforesaid shall be liable to the same penalty as is bj' law provided
for the non-acceptance or refusal of such office.

A^icl be it further enacted,

[Sect. 4.] That when any person shall be chosen to represent an}" persons chosen
town within this province in the general court or assembly, such person [„ u^ke^the'sa^d
so chosen shall take the oath aforesaid ; and return shall be made by the oath,
selectmen, upon the back of the precept, that the person so chosen hath
taken the oath required in the act made and passed in the thirtieth year
of his majesty King George the Second, intitled " An Act for the effect- 1756.57, chap. 34.
ual preventing the currency of the bills of credit of Connecticut, New
Hampshire and Khode Island within this province" ; and if any person
so chosen shall refuse or neglect to take the oath aforesaid, such refusal
or neglect shall be deemed a refusal to serve as a representative ; and
the town shall proceed to the choice of another person in his room.

And be it further enacted,

[Sect. 5.] That the oath aforesaid shall be administred to each of councillors to
the members of his majesty's council, every 3'ear, at the same time when t-ke said oath,—
the usual oaths required to be taken by the said members of his
majesty's council shall be administred; and all officers, civil and mil- ami also aii
itary, within this government, who shall be nominated or appointed, miiuary."^' **"
shall, before they receive their respective commissions, take the oath
aforesaid, and their respective commissions shall be otherwise void ;
and all persons elected into any office b}' the general assembly shall be
deemed not qualified to enter upon the execution of their respective
offices until[l] they have taken the oath aforesaid.

And be it further enacted,

[Sect. 6.] That no execution shall be issued from the office of an}- The said oath to
clerk of any of the inferiour courts of common pleas, or of the superiour |*4uw g^e^u"
courts of judicature, for any sum whatsoever, unless the plaintiff or tionsonjudg-
plaintiffs, suing in his or their own right, and dwelling within this "^«'^' ^^ courts.
province, shall first take the oath aforesaid, to be administred by a
justice of the peace, or by the clerk of the court from which such execu-
tion shall issue ; and certificate thereof shall be made on such execu-
tion ; and if any execution shall issue or go forth without such certifi-
cate, the same shall be and is hereby declared to be void ; and no
licence shall be granted to, nor any recognizance taken from, any tav-
erner, innholder or retailer, by the justices of any of the courts of
sessions within this province, until [1] such taverncr, innholder or
retailer shall have taken said oath in presence of the court, or cer-
tificate of his having so done, from a justice of the peace, shall be pre-
sented to the court.

And be it further enacted,

[Sect. 7.] That for every oath administred as aforesaid by the Clerk's fee.
clerk of any court, he shall be allowed threepence, and for every certificate
by him signed as aforesaid, threepence, and no more ; and the cost and
charge of such oath and certificate shall be added to the sum in the exe-
cution required to be levied accordingly.

1046

Peoa'ince Laws. — 1756-57.

[Chap. 35.]

Limitation. [Sect. 8.] This act to Continue and be in force until [1] the last day

of March which will be in the year of our Lord one thousand seven
hundred and sixty-two, and no longer. [Passed and published March
31, 1757.

CHAPTER 35.

AN ACT LAYING AN EMBARGO UPON SHIPS AND OTHER VESSELS IN

THIS PROVINCE.

Preamble.

1754-55, chap. 27.

Embargo on all
vessels until the
20th of April,
on penalty.

No fishing ves-
sel to sail to
the banks of
Newfoundland
until the said
20th of April :

Forfeitures,
how to be dis-
posed of.

Power to take
off or extend
said embargo.

Whereas it is judged necessary for his majesty's service, that an
embargo should be laid upon ships and other vessels within this
province, —

Be it enacted by the Council and House of Representatives,

[Sect. 1.] That no vessel [1] shall sail or depart from any port or
other place of this province out of it, 'till the twentieth daj' of April
instant, without leave first obtained from his majesty's council, or the
major part of them ; and if any vessel shall sail or depart to any port
or place out of said province, without leave first had and obtained as
aforesaid, the master of every vessel so departing shall forfeit and paj*
the sum of one hundred pounds, and the owner and owners of every
vessel so departing shall forfeit and pay the sum of one hundred
pounds, and the said last-mentioned forfeiture shtill and ma}' be
recovered from any or cither of the owners of such vessel where more
than one person shall be interested.

And be it further enacted,

[Sect. 2.] That no fishing vessel shall depart out of any port or
place of this province to the banks of Newfoundland, or any other of
the banks, before the said twentieth of April instant, without leave first
bad and obtained as afores[ai]d. And the owner or owners of way
fishing vessel that may depart contrary to the true intent and meaning
of this act, shall forfeit and pay the like sum of one hundred pounds :
saving, only, such small vessels or boats as may be employed in catch-
ing of fish, and that shall not be absent moi'e than four days at a time,
extraordinary casualties excepted : the aforesaid penalties to be recov-
ered by bill, plaint or information, before an}' of his majesty's courts of
record within this province.

And be it further enacted,

[Sect. 3.] That all forfeitures by this act shall be, one half to his
majest}', to be paid into the province treasury for the use of this
province, the other half to him or them that shall inform and sue for
the same.

And be it further enacted,

[Sect. 4.] That it shall and may be lawful for the commander-in-
chief, or in his absence for the council, or the major part of them, at
an}^ time before the said twentieth [day] of April, to take off said
embargo, or to extend it beyond said time not exceeding the first day
of June, in the present 3'ear of his majesty's reign, under the same pen-
alties, if in their judg[e]ment his majesty's service will permit the one
or shall requii-e the other. [Passed and published April 7, 1757.

[8th Sess.] Province Laws.— 1756-57. 1047

CHAPTEE 36.

AN ACT TO PREVENT THE DESERTION OF SOLDIERS DURING THE
PRESENT WAR WITH FRANCE, AND THE LOSS OF ARMS, WHETHER
LENT BY HIS MAJESTY, OR BELONGING TO THIS PROVINCE.

"Whereas soldiers duly inlisted or impressed, or to be inlisted or Preamble,
impressed, have or may hereafter neglect or refuse attending at the time 1744-45, chap. ii.
and place whereat they were or shall be ordered to muster, or may at ' ''^ '^^'
other times absent themselves, without leave, from their dut}^,, whence
much disorder and injustice, as well as obstruction to his majesty's
service, may happen, —

Be it therefore enacted by His Majesty's Council and House of Repre-
sentatives,

[Sect. 1.] That it shall and maj' be lawful for any person to appre- Persons' power
hend an}' one who may be suspected to be such a deserter, if inlisted or deaeners!^"'^
impressed in this or either of the neighbouring governments, and bring
him before va^j justice of the peace living in or near to the place where
he shall be apprehended, who is hereb}' impowered to examine such sus-
pected person ; and if, by his confession, or the testimony of one or
more witness or witnesses, upon oath, or by the knowledge of such jus-
tice of the peace, it shall appear or be found that such suspected person
is an inlisted or impressed soldier, and ought to be with the troop or
company to which he belongs, such justice of the peace shall forthwith
cause him to be conve3'ed to the goal of the county in which he shall be Deserters to be
found, and transmit an account thereof to the captain of the company, thej'aUo°f the
or colonel of the regiment, whereunto he belongs, or to the commander- the"BhaUb'^''^'^
in-chief of this province, to the end that such person be sent to the fouud.
troop or company whereunto he belongs ; and the keeper of such goal
shall receive, out of such deserting soldier's wages, the same allowance
as he would be intitled to by law if said soldier had been imprisoned
for debt.

And for the encouragement of any person or persons to apprehend
and secure any deserting soldier, —

Be it further enacted,

[Sect. 2.] That upon certificate of such justice of the peace to the Reward for
province treasurer, setting forth who the person was that apprehended Qeserters.*^'"^
and secured such deserter, there shall be paid him, out of the province
treasury, forty shillings and the cost of prosecution, both to be deducted
out of such deserter's wages, as also the charge of keeping him in goal,
and of returning him to the troop or company whereunto he belongs.

And he it further enacted,

[Sect. 3.] That if any person shall harbour, conceal or assist any Penalty for
deserter from his majesty's service, knowing him to be such, the person conceaiTng^said
so offending shall forf[ie][et]t for every such offence the sum of five deserters.
pounds ; or if any person shall knowingly detain, buy or exchange, or Penalty for

*^,, . . -^ ^ , , ■ u. \ • • I i 4.1 • • detaining, ex-

otherwise receive any arms belonging to his majesty or to this province changin|,or
lent to the soldiers raised by this government, from any soldier or from"a1i^'8'oidie
deserter, the person so offending shall forf[ie] [ei]t for every such or deserter.
offence the like sum of five pounds ; and in either case, upon conviction
by the oath of one or more credible witness or witnesses, before two of
his majesty's justices of the peace, quorum unus, who are hereb}' impow-
ered and directed to try and determine the same, and to cause said pen-
alties to be levied by distress and sale of the goods and chattels of the Penalties, how
offender ; one moiety thereof to be to and for the use of the informer, dupoled of.^"*^
the other moiety to ho, paid into the province treasury for the use of the
province, said penalties to be recovered by plaint or information. But

1048

Province Laws. — 1756-57. [Chap. 37.]

JuBtices' power
to seize arms.

Penalty for
soldier's not
returning arms.

in case said offender doth not pay the same and the costs of prosecu-
tion, or shew of his goods or chattels whereon distress may be made to
satisfy the same within four days after such conviction, then, and in
such cases, said justices shall and may, by warrant under their hands
and seals, either commit such offender to the common goal, there to
remain, without bail or mainprize, for the space of two months, or cause
such offender to be publickly whipped not exceeding twenty stripes,
at the discretion of said justices : saving, always, to the party
aggrieved at the sentence of said justices, a liberty of appeal to the
court of general sessions of the peace.

And be it /mother enacted,

[Sect. 4.] That it shall and may be lawful for any justice of the
peace, or military officer, to seize any such arms and send the same to
the commissary-general of this province, and all reasonable charges shall
be allowed therefor.

And be it further enacted,

[Sect. 5.] That whatsoever soldier shall receive of his captain arms
belonging to his majesty or this province, and shall not return the same
to his captain or the commanding officer, upon the expeditions being
over, or his being dismissed, such soldier shall forf[ie] [ei] t and pay
three pounds ten shillings for each gun and bayonet, or three pounds
for a gun and ten shillings for a bayonet not returned, to be deducted
out of his wages. [^Passed and published April 8, 1757.

CHAPTER 37.

AN ACT FOR SUPPLYING THE TREASURY WITH THE SUM OF TWELVE
THOUSAND POUNDS.

Preamble. "Whereas the provision [s] already made to defray the expences of

the late expedition against Crown Point are insufficient for that pur-
pose,—

Be it therefore enacted by the Council and House of Representatives,
Treasurer em- [Sect. 1.] That the treasurer of the province be and he hereby is
row £12,000!''*'^' impowered and directed to borrow from such person or persons as shall
be willing to lend the same, said sum of twelve thousand pounds in
mill'd dollars at six shillings each, or in other silver at six shillings and
eightpence per ounce ; and the sum so borrowed shall be applied in
manner as in this act is hereafter directed : and for said sum of twelve
thousand pounds, the treasurer shall give his receipt as in the form
following ; vizi^'^., —

Form of treas-
urer's receipt.

£6,000 for pay.
ment of officers
and soldiers.

Province of the Massachusetts Bay, the day of , 1757.

Received of the sum of for the use and service of

the province of the Massachusetts Bay ; and, in behalf of said province, I do
hereby promise and oblige myself and successors in the office of treasurer,
to repay the said or order, the first day of June, 1758, the

afores[rti]d sum of , in coined silver, at six shillings and eight-

pence per ounce, or Spanish mill'd dollars, at six shill[m]gs each, with
interest annually, at the rate of six per cent per annum.

Witness my hand, H. G., Treasurer.

— and no receipt shall be given for less than twenty pounds.

And be it further enacted,

[Sect. 2.] That the afores[ca]d sum of twelve thousand pounds,
when received into the treasury, shall be issued out in manner and for
the purposes following ; that is to say, six thousand pounds, part of

[8th Sess.] Province Laws.— 1756-57. 1049

said sum of twelve thous[a?i]d pounds, shall be applied for the pay-
in [en] t and discharge of the officers and soldiers upon the expedition
against Crown Point the [last] j-ear [last^ ; and the further sum of £i,ooo com.
one thous[o.n]d pounds, part of said sum of twelve thous[a?i]d pounds, ''^'"eeof war.
shall be paid into the hands of the committee of war, for the service of
this governm[eH]t, towards defr[a][e]ying the charges of said expedi-
tion ; and the further sum of three thousand pounds, part of said sum £3,000 for
of twelve thousand pounds, shall be applied for the pa3'ment of such premiums and
premiums and grants that now are or may hereafter be made by this ^^^^ *'
court; and the further sum of two thousand pounds, being the remain- £2 000 for the
der of s[ai]d sum of twelve thousand pounds, shall be applied for the present ex-
pa3'm[ew]t of billeting the soldiers upon the present expedition. ^^ *'°°'

And to enable the said treasurer to discharge the said obligations,
and the interest that shall be due thereon, —

Be it further enacted,

[Sect. 3.] That there be and there hereby is granted to his most Tax of £13,500
excellent majesty, a tax of thirteen thousand five hundred pounds, to be granted in 1757.
levied upon polls, and estates within this province, according to such
rules and in such pi'oportions as shall be ordered by the general court
of this province at their sessions in May, one thousand seven hundred
and fift3'-seven.

And be it further enacted,

[Sect. 4.] That in case the gen[era]l[l] court shall not, by the Rule for appor.
twentieth day of June, one thousand seven hundred and fifty-seven, in°caseno'^tax'
agree and conclude upon a tax act to draw into the treasury the afore- *"=* ^^^ ^^
s[ai]d sum of thirteen thous[an]d five hundred pounds, by the thirt^^- ^^^^
first day of March then next following, that then the treasurer of the
province, for the time being, shall issue his warrants, directed to the
selectmen or assessor[s] of the several towns and districts within this
province, requiring them, respectivel}', to assess, levy and pay into the
treasury, by the said thirt3--first day of March, their respective propor-
tions of s[ai]d sums according to the rates and proportions, rules and
directions of the tax act then last preceeding.

And whereas humble trust and depend [e] [a] nee is had by the gen-
eral assembly on a reimburs[e]m[en]t of the charges arising from the
expeditions, and monies for that purpose are expected from Great
Britain ; wherefore, as a further fund to enable the treasurer to dis-
charge the receipts and obligations afores[at]d, b}' him given in pursu-
ance of this act, —

Be it further enacted,

[Sect. 5.] That the monies that shall be received from Great Parliamentary
Britain shall be applied by the said treas[itre]r, or so much thereof as rece\ved,''a8^a
shall be needful for the discharging such obligations, with the interest further fund.
that may be due thereon, in pursuance of this act.

Provided, always, an3'thing in this act to the contrary notwithstand-

[Sect. 6.] That in case the monies afores[ai]d shall arrive from Proviso in case
Great Britain and be receiv[e]'d into the province treasur3'on or before 8houk°be^re.
the twentieth da3^ of June, one thous[a?i]d seven hundred and fift3'- u'^'/®*^ °," "o'o h
seven, over and above what shall be sufficient to repay the sums bor- of June,
rowed b3' virtue of the act afores[at]d, and shall be sufficient for dis-
charging the obligations given b3" the treasurer in pursuance of this
act, then and in such case the tax w[/ti]ch otherwise b3' this act is
ordered to go forth, shall be and hereb3^ is declared to be null and void.

Provided, also, —

[Sect. 7.] That the remainder of the sum that ma3' be brought in Further pre
b3'' the tax ordered b3'this act to be assessed and levied, over and above ^'^°'
what shall be sufficient to discharge the obligations afores[a2']d, with
132

1050

Province Laws.— 1756-57. [Chaps. 38, 39.]

Warrants to
express the
particular
appropriation.

Muster-rolls to
be lodged with
the secretary.

the interest that ma}- be due thereon, shall be and remain as a stock in
the treasiuy, and be applied as the gen[e?'a]l[l] court of this province
shall hereafter order.

And he it farther enacted,

[Sect. 8.] That the treasurer is hereby directed and ordered to pay
the said sum of twelve thous[cm]d pounds out of such appropriations
as shall be directed b}' warrant, and no other ; and the secretary,
to whom it belongs to keep the muster-rolls and acc[omp][M?i]ts of
charge, shall lay before the house of repres[ewto^i]ves, when they
direct, such muster-rolls and acc[omp][M9i]ts, after paym[en]t thereof.
\_Passed April 15 ; published April 21, 1757.

CHAPTEE 38.

AN ACT APPOINTING THE TIMES FOR HOLDING THE SUPERIOUR
COURT[S] OF JUDICATURE, &c., IN THE COUNTIES OF PLYMOUTH
AND BARNSTABLE FOR THE PRESENT YEAR.

Preamble. WiiEREAS in and by a late act, intitled " An Act for altering the

1756-57, chap. 16. times appointed for holding the superiour court of judicature, &c'^''^, in
the counties of PI [i] [?/] mouth, Bristol and Barnstable," it is provided,
that his majesty's superiour court of judicature, court of assize and
general goal deliveiy, shall, for the future, be held at Plj'mouth, within
and for the county of PI [i][?/] mouth, on the last Tuesday of April,
annuall}^ ; and that the said court shall be held at Barnstable, for the
counties of Barnstable and Dukes County, on the first Tuesday of May,
annually ; and lohereas, since the passing said act, the administration
of governm[en]t hath, by the death of the late lieutenant-go vernour,
devolved on his majesty's council, whereby- a general attendance of the
members of said council, three of whom are justices of the said court,
is rend [e] red more especially requisite at this time, —
Be it therefore enacted,

[Sect. 1.] That the said court, [shall] for the present year, [^shall^
be held at Plymouth, within and for the county of PI [i] [2/] mouth, on
superior courts. ^^^ ^■^^^,^^ Tuesday of July next ; and at Barnstable, for the counties of
Barnstable and Dukes County, on the fourth Tuesday of July next.
And be it farther enacted,

[Sect. 2.] That all writ[t]s and other processes already issued,
returnable to the said court, shall be returned, and all matters depend-
ing at the said court, in either of said counties, shall be proceeded on at
the days respectivel}^ appointed b}' this act for holding the same. And
all officers and other persons concerned are required to conform them-
selves accordingly. {_Passed April 14 ; published April 25, 1757.

Times for hold-
ing Plymouth
and Barnstable

Writs and other
processes, &c.

CHAPTEE 39.

AN ACT FOR THE ENCOURAGEMENT OF SEAMEN TO ENLIST THEM-
SELVES IN SUCH VESSELS OF WAR AS ARE OR SHALL BE COMMIS-
SION [£:]'D AND FITTED OUT BY THE GOVERNMENT DURING THE
PRESENT WAR WITH FRANCE.

Be it enacted by the Council and House of Representatives,
Distribution of That the ofiflcers and ship's company of such vessels of war as are or
agreelb'ieto shall be cemmission[e]'d by, and fitted out by, this government during

[8th Sess.] Pbovince Laws.— 1756-57. 1051

the present war with the French, shall have the sole interest and prop- rules estab-
erty of and in all and every ship, vessel, goods and merchandize as l-oyafnavy!^^
they, or either of them, have or shall seize or take from the French
king, his vassals or subjects, from the first of April instant, during the
present war with the French ; the said vessels, with the goods and mer-
chandize so taken, to be divided amongst the captors in such propor-
tions, and b}^ such rules, as are establish [e]'d for the royal navy ; and
the captain, officers and ship's company- shall appoint their respective
agents for the receiving, management and distribution of their particu-
lar shares accordingly. [^Passed April 23 ;* published April 25, 1757.

CHAPTEE 40.

AN ACT FOR ENQU[7]E,ING INTO THE RATEABLE ESTATES OF THE

PROVINCE.

Whereas the rateable estates of the several towns and districts in Preamble,
this province may be very much altered since the last valuation taken i:55-56,chap.44.

by this court,-' mO-ST, chap. 2.

Be it enacted by the Council and House of Representatives^

[Sect. 1.] That the assessors of each town and district within this A valuation to
province, who shall have been, or may be, chosen for the year one thou- ratable estates^
sand seven hundred and fifty-seven, shall, on oath, take and lodge in of the province.
the secretar^-'s office, by the last Wednesday in November, one thou-
sand seven hundred and fifty-seven, a true and perfect list, according to
their best skill and understanding (and conformable to a list settled and
agreed on by the general court), and to be recorded in the secretar^-'s
office, a printed copy of which shall be, by the treasurer of the province,
sent to the clerk of each town and district, [t] herein setting forth an
account of all male polls, of sixteen years old and upwards, whether at
home or abroad, distinguishing such as are exempt from rates, thro age
or otherwise, and of all rateable estates both real and personal within
their respective towns and districts; and all farms or parcels of land Directions for
l3'ing adjacent to and rated in such town or district, and b}^ whom g'amef *"*
occupied ; and what each person's real estate within the town or district,
or adjoining as aforesaid, may rent for by the year, exclusive of taxes
and necessary repairs of buildings and fences, and of all wharves, ware-
houses, grist-mills, fulling-mills, saw-mills, iron-works and furnaces,
and what they may severally rent for by the year, exclusive of repairs ;
and of all Indian, negro and mollat[t]o servants, whether for life or for
a term of years ; and what number of tuns of open and deck'd vessels ;
trading stock abroad at the first cost ; trading stock at home at the
retail price wherever it is ; mone}' at interest, which an}'^ person has
more than he pays interest for ; value of rents of real estates not in
their owua improvement, and of annuities ; value of debts due to, more
than is due from, any person ; and mone}' in hand : j^'ovided it be so
much as ten pounds ; and of all horses, oxen, cows, goats, sheep and
swine, at the respective ages set down in said list. And the said assess-
ors, in taking such valuation, shall distinguish the difierent improve-
ments of the real estates into the following parts ; viz^^'^., dwelling-
houses ; with the number of acres of pasture, tillage land, salt, fresh,
and English mowing land and orchard ; and what stock the pasture is
ordinarily capable of feeding ; and what quantity of produce the said

* Signed April 22, according to the record.

1052

Province Laws.— 1756-57. [Chap. 40.]

Form of the
aBsesBor's oath.

tillage, mowing and orchard land yearly affords, one 3'ear Avitli another :
excepting that the governour, lieutenant-governour, president, fellows,
professors and tutors of Harvard College, settled ministers and gram-
mar schoolmasters, with their families, for their polls, and for their
estates in their own actual improvement, shall be exempted out of this
act ; and the said assessors, before they enter on this work, shall take
the following oath ; \[z^^^., —

You, A. B., being chosen assessor for the town of B., for the year one
thousand seven hundred and fifty-seven, do swear that you will faithfully
and impartially, according to your best skill and judgment, do and perform
the whole duty of an assessor, as directed and enjoined by an act of this
province made the present year, intitled " An Act for enquiring into the
rateable estates of the province," without favour or prejudice. So help you
God.

Fine for assess-
or's neglect.

Fine for refus-
ing to give the
assessors a true
account.

— which oath, in such town or district where no justice of the peace
dwells, may be administred by the town- or district-clerk ; and every
assessor who shall have been or may be chosen by an}' town or dis-
trict, in the yea.v one thousand seven hundred and fiftj'-seven, accepting
such choice, that shall refuse to take the said oath, or, taking the same,
shall neglect or refuse to do the duty required by this act, or shall any-
ways prevaricate therein, shall, for each of these offences, forf[ie][ei]t
and pay a fine of one hundred pounds.

[Sect. 2.] And every person refusing or neglecting to give such
assessor or assessors, in writing and on oath (which the assessors respect-
ively are required and impowered to administer), a true account of his
rateable estate, improvements or rents, agreable to the true intent of
this act, shall, for each offence, forf[ie][e/]t and pay the sum of one
hundred pounds ; which oath shall be in the following form ; \\z^'

.[0

Form of the
oath.

Copies of the
last year's lists
to be lodged in
the secretary's
ofl3.ce.

You, C, D., do swear that the account now exhibited by you, is, to the best
of your knowledge and judgment, a full account of all your rateables, agre-
able to the list referred to in the act made in the thirtieth year of his present
majesty's reign, intitled " An Act for [i] [ejnquiring into the rateable estates
of the province." So help you God.

Assessor's pay. — and every assessor shall be allowed out of the treasury of his repect-
ive town or district, the sum of three shillings, for ever}' day he shall be
necessarily employed in doing the dut}' enjoined by this act.

And be it further enacted,

[Sect. 8.] That the assessors of each town and district in this
province, who were chosen for the 3'ear one thousand seven hundred and
fiftj'-six, shall, by the abovcsaid last Wcdnesda}' in November, one
thousand seven hundred and fifty-seven, transmit to the secretary's
office, a true and perfect copj', on oath, of the list and valuation of
estates, by which they made the taxes in their particular towns and dis-
tricts for the 3'ear one thousand seven hundred and fift3'-six, and also a
true copy of the province tax made b}' such list and valuation, on
penalt}' that each assessor neglecting his dut}' therein shall forf[ie][et]t
and pay the sum of twenty pounds.

[Sect. 4.] All Gnes and forf[ie][ei]turcs arising b3' this act ma3'
be recovered by bill, plaint or information, or Iw action of debt, in any of
his majest3''s courts within this province proper to try the same ; and
shall be applied, one third to him or them that shall inform or sue for
the same, and the other two thirds to his majest}- to and for the use of
this government. [^Passed April 23 ; published April 25, 1757.

Manner of
recovery and
disposal of fines.

[8th Sess.] Pkovince Laws.— 1756-57. 1053

CHAPTER 41.

AN ACT FOR RAISING A SUM OF MONEY BY LOTTERY FOR THE EN-
COURAGEMENT OF THE SETTLEMENT CALLED GERMANTOWN, IN
THE TOWN OF BRAINTREE.

Wheeeas this court are willing to give all due encouragement to Preamble.
such foreign Protestants as are come over sea to reside within this 1750.51, chap,
province, tliose particularly who have settled together in a place called ^^' ^^ '^°'*^'
Germautown, within the township of Braintree, in the county of Suf-
folk, and for divers years past have carried on certain manufactures
there, whereon they altogether depend for a livelihood ; and whereas
Joseph Palmer of said Germantown, gentleman, hath represented that
certain of the said manufactures (particularly that of glass) wherein
he is a principal adventurer are, b}^ the consumption of some of the
buildings by fire, and otherwise, declined and gone to decay, and hath
thereupon pra3-ed for the aid of this court, —

Be it therefore enacted hy the Council and House of Representatives,

[Sect. 1.] That John Quincy, Josiah Quinc}', Thomas Flucker and John ouincy,
Isaac Winslow, Esqrs., with Mr. Edward Jackson, merchant, all of the Thomas °'^^'
count}' of Suffolk, or any three of them, be and hereby are allowed and fiaa^wMow
impoweredto set up and carry on one or more lottery or lotter[y][i;e]s Esqs., -with Mr*.
amounting in the whole to such a sum as by drawing or deducting ten MnTaUowed^
per cent out of the same, or out of each prize or benefit ticket, may ^nd empowered
raise the sum of twelve hundred and fifteen pounds, and no more ; and carry on a'lot-
that the said sum be by them, or any three of them, applied within o7Braimree°^to
twelve months from and after drawing the first of the lotter[y][te]s enable Mr.
aforesaid, in the first place, to the payment of the charges of such to^carry^n'"^'^
lotteiy or lotter[3'][/e]s, and then, the remainder to the erecting, on certain manu.
the said Joseph's lands there, such buildings and conveniencies for
carrying on the manufactory aforesaid, as by the said Joseph shall be
thought most suitable for that purpose, and for repairing such as
remain unconsumed by fire.

[Sect. 2] And that the said John Quincy, Josiah Quincy, Thomas said persons, or
Flucker, Isaac Winslow and Edward Jackson, or any three of them, aay three of

n • -I 1 ■ 1 • -, 1 them, to be

be the managers of said lottery or lotteries and impowered to make managers of
all suitable and necessary rules for the managing thereof, and shall be ^''"^ io"ery.
sworn to the faithful discharge of their said trust ; and, as well the said
managers as the said Joseph, shall enter into bonds to the province
treasurer, that the sum so raised shall be applied as soon as may be to
the purposes designed, as aforesaid, and they shall be, and are hereby,
declared answerable to the owners of the tickets in case of any
deficiency or misconduct.

And he it farther enacted.,

[Sect. 3.] That the said Joseph shall give bond, with sufficient SaidPaimerto
sureties, of such tenor and form as a committee of this court (to be 8'^^^o^<i-
chosen for that purpose) shall direct, for the carrying on the manufact-
ures heretofore begun there for the term of seven years next after the
said buildings and convenienc[y][ie]s are finished, and that he, his heirs
or assigns, will employ therein at least twenty manufacturers, a list of
whose names shall be transmitted yearly by the said Joseph, his heirs
or assigns, sometime in the month of February to the commander-in-
chief for the time being, which said twenty manufacturers shall be
exempted from impresses and all military duty so long as they continue
in said manufactures.

And he it further enacted,

[vSect. 4.] That if the said Joseph, his heirs or assigns, shall not Privileges
carry on, or cause to be carried on, the said manufactures, for and dur- ^^'^^^^^ ^° ^^^

1054 Province Laws.— 1756-57. [Chap. 41.]

Palmer, and iiig the term of seveii 3'ears as aforesaid, in such a manner that at least
duties enjoined, twenty manufacturers "shall be therein emplo3'ed, then, and in tliat case,
the said buildings and conveniencies, together with the lands whereon
they shall be erected, shall become the propert}' of this province ; and the
said Joseph, his heirs or assigns, shall execute and deliver to the prov-
ince treasurer for the time being, a sufflcient deed of conveyance of
such lands and premises for tlie use of the province, or otherwise shall
pay into the province treasury the neat proceeds of such lottery or
lotteries, at the election of the said Joseph, his heirs or assigns.
Provided,

[Sect. 5.] That the lotter}^ or lotteries hereby allowed shall not be
set up before the first day of September next. [^Passed April 15 ;
published April 25, 1757.

Notes. — There were eight sessions of the General Court this year ; bnt no acts were
passed at the second, fifth and sixth sessions, and of the sixth session no record or pro-
rogation appears. The engrossments of all the acts of this year are preserved, except of
chapter 30, and all the public acts were printed with the sessions acts, except Chaptei'S 1
and 19, which, being a tax-act and impost-act, respectively, were printed separately.

Chapters 3.5 to 41 inclusive, were signed by the major part of the Council, the
Lieutenant-Governor having deceased the 4th day of April, 1757.

The following are the titles of two private acts passed, but no engrossments have been
discovered, and they do not appear to have been printed : —

" An Act to dissolve the marriage of Lydia Kellog with Ephraim Kellog and to allow
her to marry again." — {Passed April 18, 1757.

" An Act to dissolve the marriage of Jonah Galusha with Sarah Galusha and to allow
him to marry again." — [Passed April 22, 1757.

All the acts of this year wei-e duly certified to the Privy Council, by Governor Pownall,
imder the province seal, January 12 1758. They were I'eceived by the clerk of the Privy
Council in waiting May 3, 1758, and on the eighth by his Majesty referred to the commit-
tee for Plantation Afiliirs, who in turn on the next day, referred them to the Board of
Trade, by whom they were received and considered on the sixth day of June, and sent
one week later to Sir Matthew Lamb for his opinion thereon in point of law.

On the thirtj'-first of Julv, 1759, the Lords of Trade signed their report to the Privy
Council. In this report chapters 1, 2, 3, 5, 6, 8, 9, 15, 19, 21, 22, 23, 25, 29, 30, 35, 37, 38
and 40 arc represented as " for temporary Services and are either expired by their own
Limitations or the purposes for which they were enacted have been completed." Chap-
ters 4, 7, 10, 11, 12, 13, 14, 16, 17, 18, 20, 24, 26, 27, 28, 31, 32, 33, 34, 36, 39 and 41 are rep-
resented as appearing to " relate to the internal CEconomy of the Province and appear to
have been enacted for its private convenience, and we see no reason why His Majesty may
not be graciously pleased to confirm them." No record of further action by the iBEome
Government on these acts has been discovered.

Chap. 1. "July 7, 1756. A Petition of the Select Men of the Town of Dunstable
setting forth that for want of proper Guicers in the said Town for Collecting the Prov-
ince & County Taxes for the Year 1754. and therefore Praying that the Province Treas-
urer & the Treasurer of the County of Middlesex may be impowered & directed to add said
Taxes to the Taxes of the present Year & issue Warrants accordingly.

In the House of Representatives ; Read & Ordered that the Prayer of the Petition be
granted, and that the Province Treasurer be directed to add the Province Tax of the Town
of Dunstable for the Year 1754. to the present Years Province Tax & to issue his Wan-ant
accordingly; and that the Treasurer for the County of Middlesex add the said Towns
County Tax for the said Year 1754. to their County Tax for this present Year, & Issue his

. Wan-ant to the Assessors of said Town accordingly — In Council ; Read & Concur'd

Consented to by the Lieuten' Govern'' " — Council Records, vol. XXI., p. 230.

" August 18, 1756. In the House of Representatives whereas by the Tax, which is this
Year gone forth for £58,700. but £53,000. of said Sum is appropriated so that there will be

a Sui'plusage of £5500: 11 : 4 in the Treasury when the Taxes are paid in Voted that

the said Sum of Five thousand Five hundred Pounds Eleven Shillings & Four Pence
when received into the Treasury be & hereby is applied for the use & >Service of the
Crown Point Expedition & that the Treasurci'" pay the same out of the Treasury to the

Hon'^'" the Committee of War by Warrant from the Govcrnour & Council In Council ;

Read & Concurd Consented to by the Governour." — Ibid., p. 246.

" Janm 7, 1757. A Petition of Daniel [Epes Jun'*] in behalf and by order of the As-
sessors in the South Parish in Dnnvcrs shewing that the Sum of Two Hundred Pounds
hath been Assessed on the Inhabitants of said Parish in the Year 1754 & 1755, but that the
WaiTants given to the Collectors to Collect the same being supposed insutficicnt many of
the Inhabitants refuse to pay thjcir Proportion of said Taxes, and Praying for Releif.

In the House of Representatives ; Read & Ordered that the present Assessors of the
South Precinct in the District of Danvers lie and hereby are impowered and directed to
Issue New Warrants in the Form of Law to the Collectors of said Precinct to whom the
Taxes were Committed for the Years 1754. and 1755. to compleat their said Collections,
and Pay in the same into the Precinct Treasury, and that the s.Tid Collectors Proceedings
on their former Warrants are hereby confirmed any supposed Defects in said Warrants

notwithstanding. In Council ; Read & Concurd-^ — Consented to by the Lieuten' Gov-

emf "—Ibid., p. 318.

* Missing in record ; supplied from petition.

[Notes.] Province Laws.— 1756-57. 1055

"January 17, 1757. A Petition of Jonathan Coffin in behalf of the Inhabitants of Nan-
tucket she\ving that in the Course of the last Year they have lost by the Enemy & Ship-
wrecks one fifth Part of all their Navigation, & upwards of One Hundred Men, or at least
the benefit of their Service, and have many Widows & Fatherless Childi-cn thrown upon
them for a Support liy means of said Disasters. And inasmuch as the greater Part of the
Inhabitants of said Place are Quakers they are by Law sulijcct to the Payment of Thir-
teen Pounds Six Shillings & Eight Pence for each & every Man that must otherwise have
gone into the Publick Service, the Payment of which would be very burdensome under
their present distressing Circumstances, Therefore Praying for an Abatement.

In the House of Representatives; Read & Ordered that the Prayer of this Memorial be
so far granted as that the Assessors of said Island l)e and hereby arc allowed in making
their Assessments for their Province Tax for the Currant year to add thereto only the Sum
of One Thousand Pounds for Deficiency of Soldiers instead of Fifteen Hundred & Six
Pounds thirteen Shillings & four Pence, which was added to them i^y this Court for that
reason in the last Tax Act, and that the Province Treasurer be, and hereby is directed on
their Paying the said Sum of One Thousand Pounds into the Treasury to give a Discharge

in full for their said Additional Tax. — la Council ; Read & Concurr'd -Consented to by

the Lieuten' Govern"'" — Ibid., p. 338.

" April 7, 1757. A Petition of George Godfrey and John Adam Assessors of the Town
of Taunton, Setting forth that they had assessed sundry Persons in said Town for their
Polls, who were under the Age of Twenty One Years, some of which Persons although
trading for themselves, & having no Parents, Masters or Guardians to pay said Tax yet

refuse paying it themselves. Therefore Praying that the said Taxes for the Year 1756.

maybe Confirmed or Established; which otherwise must produce great Confusion and
sundry Law Suits.

In the House of Representatives ; Read & Ordered that the Prayer of this Petition be so
far granted as that the Tax mentioned for the Year 175G be and hereby is confirmed (any
pretended Mistake therein mentioned notwithstanding) and that the Constables to whom '
the said Tax was Committed to Collect, be & they hereby are fully authorized and Impow-
ered to Collect the same. In Council ; Read & Concurred — Consented to by the Major
Part of the Council." — Ibid., p. 432.

" April 16, 17-57. A Petition of William Richardson Esq'' for himself and the rest of the
Select Men and Assessors of the Town of Lancaster Setting forth That in the Rate Bill for
the Year 1756. which they Committed to Asahel Phelps, one of the Constables of said
Town there were some Circumstantial Mistakes, but none as to the Sum to be Collected
——Therefore Praying Relief

In the House of Representatives ; Read & Ordered that the Tax for the Town & County
Rate in the Town of Lancaster for the Year 1756. committed to Asahel Phelps to Collect
be "and hei-cby is confirmed and Established, and the said Phelps is hereby fully impow-
ered to Collect the same, any supposed mistake in the Rate Bills to him committed not-
withstanding In Council; Read & Concurred Consented to by a Major Part of the

Council." — Ibid., p. 462.

" April 20, 1758. In the House of Representatives. Whereas it is represented to this
House that the Assessors chosen for Sherburn on the Island of Nantucket for the year
1756 were not sworn or affirmed as prescribed by Law within seven days after they were
chosen, although they were regularly chosen, and sworn or affirmed befoi'e said Taxes
were made, from which great difficulties are like to arise, and many Law Suits by reason
said Assessors were not sworn or affirmed within the time limited by Law.

Voted That the said Assessment made by the said Assessors for the year 1756 be, and
are hereby declared good^nd valid in Law to all Intents and Purposes as it would have
been, had the said Assessors been sworn or affirmed within seven days from their being
chosen. In Council. Read and Concurred.

Consented to by the Governor." — Ibid., vol. XXII., p. 312.

Chap. 3. " I have endeavoured as far as lay in my Power that the several Votes of the
Last Assembly relative to the Expedition which had not their designed EiYect when His
Excellency left the Province should be fully carried into Execution ; And I have reason
to think that We are forwarder than any other Government both in the Number of our
Men & in the Provision made for them, but I find that the full Number proposed on the
Part of this Province is not 3'et compleat. * * *

I recommend to you Gentlemen of the House of Representatives an Inquiry into the
State of the Treasury, and proper measures for a further Supply not only for the Service
of the Expedition, but for the other necessary Charges of the Government.

Gentlemen of the Council, & House of ri.eprescntatives,

I shall be ready to concur with you in all necessary measures for the promoting His
Majestys Service and the Interest of the Province, and I recommend to you as great dis-
patch as shall be consistent with the Importance of the Affiiirs which ly before you "— -
Extract from the Lieutenant-Governor's speech to both Houses, May 27, 1756. — Council
Records, vol. XXL, p. 184.

Chap. 9. " May 28, 1756. In Council ; Ordered that John Cashing Andrew Oliver &
Stephen Sewall Esq''' with such as the Hon'^'<= House shall appoint be a Committee to Con-
sider & Report what is proper to be done by this Court in relation to the French Families
imported from Nova Scotia since the Dissolution of the last Assembly — In the House of
Representatives; Read & Concur'd, and Coh' Cotton, Col» Quincy M"" Flucker & Col"
Worthington are joined in the Affiiir " — Council Records, vol. XXL, p. 186.
" May 28, 1756. The Committees Report about the French Neutrals last arrived : viz'
The Committee appointed to consider & Report what is proper to be done by this Court
in relation to the French Families last imported into this Province have attended that
Service and would humbly pi-opose that the said French Families be allowed to remain in
this Province, and to be distributed into the several Sea Port Towns between Plymouth

1056 Province Laws. — 1756-57. [Notes.]

and Glocester, those Towns being included, and if any of those French People should
hereafter be chargeable it should not be to the Towns where they reside, but to this
Province — All which is humbly Submitted—

By John Gushing per Order.

In the House of Representatives ; Read & Ordered that tliis Report be Accepted In

Council ; Read & Concur'd — Consented to by the Lieu' Govern'' " — Ibid., p. 187.

" June 1, 1756. In Council; Ordered that Samuel Watts & William Brattle Esq" with
such as the Hon'^i<' House shall join l)c a Committee to examine such Accounts of Chai'ges
as have been or may be offered to this Court for Supporting any of the French Inhabitants
that have lately been brought from Nova Scotia into this Province; and that the Comittee
project some method for casing the Province of such a Charge for the future & report as

soon as may be In the House of Representatives ; Read & Concur'd ; And M' Welles

Thomas Foster Esq'' and M^ Payne are joined in the Affair " — Ibid., p. 194.

" June 2, 1756. His Honour tlie Lieutenant Governour communicated to both Houses
a Letter which he had received from M"^ Handficld a Principal Officer in Nova Scotia
relating to a Family of French Neutrals sent hither from thence

In the House of Representatives ; Ordered that a Letter communicated by His Honour
the Lieutenant Governour to this House from M'' Handfield to His Excellency Governour
Shirley dated Annapolis Royal May 1756. be Committed to the Committee appointed to
examine the Accounts offered to this Court of Charges for Supporting the Inhabitants of
Nova Scotia, lately brought into this Pi'ovince &<■»■ to Consider the same and Report
thereon In Council ; Read & Concur'd "—Ibid., p. 196.

" June 8, 1756. On the Vote for a Committee referring to the French Neutrals entered

May 31*' In the House of Representatives ; Voted that Col" Gerrish & Col" Clap be of

the Committee for the Purposes, within mentioned in the room of Thomas Foster Esq'
and M"" Payne who are absent : In Council ; Read & Concur'd " — Ibid., p. 204.

" June 9, 1756. In Council; Ordered That Andrew_01iver & Thomas Hutchinson Esq"
with such as the Hon^'o House shall appoint be a Comittee to Write to M"' Agent Bollan
directing him to make humble Representation to his Majesty of the great Burthen brought
on the Province by means of the French Families sent hither from Nova Scotia & praying
for a Reimbursement of the past Charge, and Relief from a further Burthen, and the
Committee are to furnish the Agent with an Account of the past Charge, & with all neces-

saiy Facts relating to the Affair In the House of Representatives ; Read & Concur'd ;

and M"" Speaker, M"' Flucker & M"^ Welles are joined in the Affair.

In the House of Representatives ; Ordered that the Committee appointed to Consider
the Affliir of the French Neutrals (so called) be directed to sit forthwith & Report In
Council; Read & Concur'd "—Ibid., p. 207-

" June 9, 1756. Report on the Accounts of Charge for Supporting the French Neutrals.

The Committee appointed to Examine such Accounts of Charges as have been or may
be offered to this Court for Supporting the French Inhal)itants, that have been brought
into this Province from Nova Scotia fii^a having attended said Service report as their
Opinion, That there arc Accounts for the Support of said Inhabitants from sundry Towns
in this Province, which are not brought in for Payment ; Therefore that the Considera-
tion of the whole be i-eferred to the first Friday of the next Sitting of this Court, and that
such Towns as have any demands on the Province for the Support & Maintenance of said
French Inhabitants be directed to Lodge their Accounts by said time in the Secretarys

Office The Committee beg leave further to report that in their Opinion a Special &

Effectual Provision is already made by an Act in Addition to an Act making Provision for
the Inhabitants of Nova Scotia, sent liithcr from that Government, for the Support of said
Inhabitants; & that if the Justices of the Peace, & Overseers of the Poor would but Con-
form to said Act, and Bind out to Service, or make Provision for the Support of said
Inhabitants in the same Manner as by Law they are authorized and Impowered to do

were said Inhabitants the Inhabitants of this Province It would greatly lessen the

Charge the Province otherwise will be at, & therefore that this Court give Notice that they

expect a strict Observation of the same which is humbly Submitted

Per Samuel Watts per Order

In Council ; Read & not accepted In the House of Representatives Read & Non

Concur'd, and Ordered that this Report be accepted " — Ibid., p. 208.

" June 10, 1756. An Order was passed in Council, referring to the managing & employ-
ing of the French Inhabitants of Nova Scotia in the several Towns, which being sent
down was Non Concur'd by the House

In the House of Representatives ; It being found by Experience that the frequent
Travelling & passing between Town & Town of many of the French People (lately dis-
persed thro this Province by Order of the General Court) hath .been attended with con-
siderable Inconveniencies & may be productive of greater.

Therefore Ordered & directed that the Select Men & Overseers of the Poor be very
Careful 1 to keep the French People from Idling & wandring aliout, and none of that Peo-
ple shall be permitted to travel from Town to Town without leave first obtained of Two
of the Select Men or Overseers of the Poor where they respectively belong, of which such
People sh.all produce Certificate or otherwise they shall be stopped & turned back by any
Two English House holders who are hereby impowered to examine them & Stop or return

them, if ^they have not Excuse as above In Council ; Read & Concur'd — Consented to

by the Lieuten* Govern'' " — Ibid., p. 216.

" August 14, 1756. In the House of Representatives ; Ordered that M' Tasker Cap«
Newhall Col° Cotton & M^ Morey with such as the Hon^o Board shall join be a Com-
mittee to take under Consideration what further may be necessary to be done with regard
to the Inhabitants late of Nova Scotia who are now in the Province & report thereon— In
Council ; Read & Concur'd ; And John Greenleaf, Andrew Oliver, Stephen Sewall & John
Erving Esq" are joined in the Affa'ir "—Ibid., p. 239.

" August 16, 1756. The Deputy Secretary brought the following Message from His Ex-
cellency to both Houses,

[Notes.] Province Laws. — 1756-57. 105,

Gentlemen of the Council & House of Representatives

This accompanies a Letter I rcceiv'd from Iiis Excellency Gov Lawrence ooncernin,;»
the return of the French Inhabitants of Nova Scotia lately sent from thence & dispersed
amon^c the Endish Colonies, rej^'escnting the pcs'nicious Consequences of it, which are so
clearly set forth in his Letter, that I need add nothing on that Sulijcct, except that as I
shall return to Great Britain nothing shall be wanting on my part to represent what you
shall do for preventing this Evil, to his Majestys Ministers in such a Light as may I hope,
induce his INIajcsty to have a favourable Consideration of it" — Ibid., p. 240.

"August 17, 1756. John Greenleaf Esqf' from the Committee appointed to consider the
Affair of the French Families come in hither from Georgia reported thereon On which
Report the following Vote was passed viz*

In the House of Representatives ; Read & Oiviered that the Report be recommitted, that
the said Committee take under Consideration His Excellencys Message of Yesterday, the
Letter from his Excellency Governour Lawrence accompanying the same & the Passports
from the Govcrnours of the several Southern Colonics ; That they also consider the Affair
of the Inhabitants of Nova Scotia lately arrived here from Georgia &==» as also of those
Inhabitants who were in the Province before the Arrival of those from Georgia and
Report thereon as soon as may be — In Council ; Read & Concur'd " — Ibid., p. 241.

" August 17, 1756. In the House of Representatives Wlicreas there is lately brought
into this Town by John Gorham Esq'' Sheriff of the County of Barnstable & 'Barnabas
Gibbs, a Number of French People being Ninety Nine in the whole that were sent from
Nova Scotia to Georgia, and some other Soutliorn Governments who were in their wav
back to Nova Scotia,"^ Therefoi-e Voted that said French People be committed to the Sheriff
of the County of Suffolk untill the further Order of this Court, and that said Gorham &
Gibbs be discharged from any further Care of them; And that also the said Sheriff of the
County of Suffolk be directed to cause strict Search to iie made after any Papers the said
People may have in their Possession & to Secure the same in Order to their being delivered

to a Committee of this Court lu Council ; Read & Concur'd Consented to by the

Governour." — Ibid., p. 245.

"August 20, 1756. A Petition of Francis Le Blanc, late Inhabitant of Nova Scotia,
Praying that he & his Family may be removed to Point Shirley where he now dwells to
the Town of York, for his more comfortable Subsistence among some Friends & Relations

of his who dwell there. In Council ; Read & Ordered that James Minot Esq'' with such

as the Honourable House shall join be a Committee to Consider this Petition & Report

what they judge proper to be done thereon. In the House of Representatives ; Read &

Concur'd; & Thomas Foster & Major Stockbridge are joined in the Affair." — Ibid., p. 249.

" August 23'i, 1756. A Petition of Eleanor Tibaudeau late an Inhabitant of Nova
Scotia now resident in the Town of Maiden sljewing that her Husband is lately dead &
has left her in a helpless Condition with Five small Children, Praying that her Niece now
at Dorchester (a grown woman) may be allowed to Live with her. In Council ; Read &
Ordered that the Prayer of this Petition be granted In the House of Representatives ;
Read & Concur'd Consented to by the Govern'' " — Ibid., p. 252.

" August 25, 1756. Report on the Afflxirs of the late French Inhabitants of Nova
Scotia viz*

The Committee appointed to consider what further may be necessary to be done with
regard to the French Inhabitants of Nova Scotia who ai'c now in the Province humbly
Report as their Opinion, that those of them now in the Town of Boston, & under the Care
of the Overseers of said Town amounting as We are informed to Eighty Four Persons,
be forthwith moved from- Boston, and distributed as near as maybe among the Towns
mentioned at the Foot of this Report ; One or Two, more or less in each of said Towns,
as shall best accomodate the French Families themselves, and that the Sheriffs of the
County of Suffolk & Middlesex be directed to cause the said French Persons to lie as
soon as may be removed to said Towns respectively, and that the Select Men of said
Towns l3c directed to receive them accordingly ; & in all Things concerning them to Govern
themselves, by the Laws & Orders of this" Court making Provision for the Inhabitants
sent hither from that Government, and the Committee are further of Opinion that as
Hanover has Nine & Pembrook but Five of the said Inhabitants, that Three of those at

Hanover l)e removed to Pembrook The Committee are further of Opinion that the

Select Men of the several Towns where any of those French People are or may be placed
be directed to assist them in procuring JEmploymcnt at such Rates as they "shall judge
reasonable, and if thro want of Employment or thr6 want of Ability any of them cant
Earn a Support for themselves & Families the Select Men be directed to afford them such
Releif as may be necessary for their comfortable Subsistence, in the same Manner as if
they had been proper Inhaliitants of this Province & exhil)it their respective Accounts of
Disbursement into the Secrctarys OfHce as occasion shall require,

Which is Humbly Submitted Johx Geeenleaf

Names of the Towns above referred to, with the Number of Persons respectively
assigned to them, viz' Cambridge Ten, Walpole Five, Topsfield Five, Middlcton Five,
Wcstford Five, Sherburn Five, Littleton Five, Bedford Five, Tewksbury Four,— Brook-
field Eight— Southborough Six— Grafton Six— Bcllingham Four— Dunstable Four— West-
borough Three— In Council ; Read & Accepted & Ordered that the French People therein
mentioned be disposed of accordingly In the House of Representatives; Read & Con-
cur'd Consented to by the Governoiir " — Ibid., p. 255.

"August 27"', 1756-^^ — Report on Francis Le Blancs Petition Entered August 20. 1756.

The Committee to whom was referr'd the Petition of Francis Le Blanc liaving met and
considered the same, and finding the Petition so far true as that they cant get Labour at
Point Shirley, so as to have any Hopes of Supporting them thro "the ensuing Winter,
therefore are of Opinion that they be removed to some other Place, where they may
have better prospect of getting Labour for their better Support, all which is humbly Sub-
mitted James Mixot per Order.

133

1058 Province Laws. — 1756-57. [Notes.]

In Conncil ; Read & Ordered that this Report be accepted — In the House of Representa-
tives ; Read & Concur'd — Consented to bj" the Govcrnour " — Ibid , p. 259.

" August 28, 1756. A Bill entitled An Act relating to the Inhabitants of Nova Scotia

transported hither In"- order of the Government tlicrc ^Having been read three times in

the House of Representatives & there passed to be Engrossed — ^In Council ; Read a first
t\m&"— Ibid., J). 263.

" August 30, 175S. A Bill entitled an Act relating to the Inhabitants of Nova Scotia

transported hither 1iy order of the Government there In Council ; Read a Second time,

and passed a Concurrence with Amendments as taken into a new Draft." — Ibid., p. 264.

"September 1, 1756. In the House of Representatives ; Ordered that Col^ Hale, Colo
Otis & M"' Welles be a Committee to Confer with a Committee of the Honourable Board
on the Bill passed liy the Honourable Board, and that pass'd Ijv the House relating to the
French Inhabitants of Nova Scotia lately sent hitiicr from that" Government. In Council ;
Read & Concur'd ; And Benjamin Lynde Thomas Hutchinson & Stephen Sewell Esq" are
appointed a Committee of the Board for said Conference." — Ibid., p. 266.

" September 2^', 1756. In the House of Representatives; Whereas sundry Persons a
few Weeks since were stopp'd in this Province, late Inhabitants of Nova Scotia, and sent
by the Government there to one of His Majcstys Southern Colonies ; which Inhabitants
when Arrested were bound back to Nova Scotia, or to join some of His Mnjcstys Enemies,
and as it is reported that more are coming in the same manner and with the same design ;

and as such Practices must bo of very dangerous Consequence Therefore Voted that

Col'^ White Qol" Vassall & M"" Hunt with such as shall l)e joined by the Iloni"''^ Board be
a Committee in the Name of the Two Houses to Pray His Excellency the Govcrnour to
write to the several Commanders in Chief in the Southern Colonies representing the per-
nicious tendency of the Return or Wandering about of the said late Inhabitants of Nova
Scotia, and how necessary it is that his Majestys Govemours and all other his Mnjcstys

good Subjects should very carefully prevent the same And the Committee are directed

further to pray His Excellency to give Order by Proclamation or otherwise as may be
thought best, that all those late Nova Scotia People which may be found returning from
the Southern Governments within the Limits of this Province should be arrested & care-
fully prevented returning further In Council ; Read & Concur'd; and Sylvanus Bourn

and John Otis Esq" arc joined in the Affair " — Ibid., p. 267.

" September 2^', 1756. A Bill entitled an Act for the better ordering the late Inhabitants

of Nova Scotia, transported by Order of the Government there In Council; Read a

first and Second time & passed to be Engrossed " — Ibid., p. 268.

" Septem"' 3, 1756. A Memorial of Thomas Hutchinson Esq'' Praying that a French
Family of the late Inhnbitants of Nova Scotia (particularly named) now in Boston may
be allowed to continue there, or be removed to Cambridge the Memorialist being willing

(if required) to give Bond for their good behaviour In Council ; Read & Ordered that

Ezekiel Chever & John Otis Esq'' with such as the Ilon''''^ Board shall join be a Committee
to take this Memorial under consideration & report what they judge proper to be done

thereon In the House of Representatives Read & Non Concur'd & Ordered that the

Memorial lie dismissed " — Ibid , p. 269.

" Septcm'' 4, 1756. The Bill intitled an Act for the better ordering the late Inhabitants of
Nova Scotia transported by order of the Government there ; being brought up with the
Vote of the House of their Concurrence with Amendments ; the said Amendments were
considered & agreed to by the Council " — Ibid., p. 269.

" Septem'' 7, 1756. In the House of Representatives ; It being represented to this Court
that some of the Family of Magdaline Perlin, late Inhabitantof Nova Scotia arc Sick,
which renders it unsafe at present to remove them from the Town of Boston, where they
now reside; Voted that M'' Sheriff Pollard be directed not to remove the said Family till
the further Order of this Court. In Council; Read & Concur'd "—Ibid.,p 270.

" Septem"" 10, 1756. In the House of licpi'esentativcs ; Voted that Francis Le Blanc and
his Family be removed from Point Shirley to Necdham (the Vote of the 21^' Ulto. not-
withstanding) and that the Sheriff of the County of Suffolk be directed to remove them
accordingly^^ In Council ; Read & Concur'd Consented to l\v the Govcrnour

In the House of Representatives ; Voted that Thirteen of theFrench Inhabitants now resid-
ing at Glocester be i-emovcd to Wenham, and that the other Eleven now at said Town of
Gfocester be removed to Methnen, and that the Town of Glocester be at the Charge of
their Removal. In Council; Read & Concur'd Consented to by the Govcritonr

A Petition of Margarett Dowcct one of the French Inhaliitants of Nova Scotia, Shewing
that She is now dangerously Sick in Boston, Praying that if She should recover She might
be allowed to Live at NewlKiry with her Brother Dowcct, the only Friend & Relation She
has in this Country. In the House of Representatives Read & thereupon Voted that the

Prayer of this Petition be granted. In Council; Read & Concur'd Consented to by

the Govcrnour " — Ibid., p. 277.

" Septem'' 10, 1756. In the House of Representatives ; Voted that the French Family
sent this Week to Littleton, be removed from thence to Harvard. In Council; Read and
Concur'd Consented to by the Govcrnour " — Ibid, p. 279.

"October 13, 1756. In the House of Representatives; Voted that the late French
Inhabitants of Nova Scotia now in the Towns of Charlestown & Marblehead being Forty
Nine in all be forthwith removed from thence to the hereafter mentioned Towns in the
following proportion viz. To Mcdway Six, to Bellinsbam Four, To Walpole Three, To
Sherburii Five, To Natick Six, To Sduthbor6 Three, To Dudley Six, To Medfield Five,
To Holliston Four, To Dracut Four, To Dunstable Three.

Voted also that the Sheriffs of Essex & Middlesex Counties be directed to Cause the
said French Persons to be Conveyed to said Towns respectively, and in all things concern-
ing them to Govern themselves by the Laws & Orders of this Court making Provision for
the Inhabitants of Nova Scotia sent here from that Government, and that said Laws &
Orders be sent to the several Towns that they may be duly executed, especially those

[Notes.] Province Laws. — 1756-57. 1059

Paragraphs relating to the keeping the said French Inhabitants in the several Towns.

In Council ; Read & Concur'd Consented to by the Lieu' Govern"^ " — Ibid., p. 290.

" Janii'> 21, 1757. In Council ; Ordered that John Erving & William Brattle Esq'* with
such as the Honourable House shall join be a Committee to Consider of some proper
measures to free the Province from the Expence of Supporting a great Number of the
French Inhabitants of Nova Scotia now in the Province, or to remove them from thence

if it shall be judged Expedient and make Report. In the House of Representatives;

Read & Concurr'd & Col° Williams, Thomas Foster Esq'' and M'' Witt are ioined in the
Affiiir."— /6/fZ.,p.343.

" Janu^^ 21, 1757. In Council ; Ordered that the Select Men or Overseers of the Poor of
the several Towns wherein any of the French Inhabitants of Nova Scotia are placed be
directed whenever they shall offer an Account of their Disbursements for the Support of
them, to Annex thereto a List of the several French Persons in such Town with an
Account of their Age and Sex, and the Circumstances of their Health & Capacity for
Labour and that a Copy of this Vote be printed, and sent to the several Towns & Districts

where any of said Inhabitants are placed In the House of Representatives Read &

Concurred Consented to by the Lieutenant Governour." — Ibid., 2)- 344.

" February 2, 1757. A Petition of Gludo Benway one of the French Inhabitants of
Nova Scotia, Shewing that he and his Family were placed by the Government at Cam-
bridge, and his Children were by the Select Men of said Town afterwards sent to M^
Campbell of Oxford whither the Petitioner and his Wife followed them that said Camp-
bell dispersed their Five Children whereupon the Petitioner and his Family fled to New-
town that the Select Men of said Town refuse to do anything for them, and threaten to
send them to Goal, Therefore Praying that the Court would" Provide some comfortable
Place for their Abode being willing to do all in their Power to Support themselves.

In the House of Representatives; Read & Ordered that the Select Men of the Town of
Newtown be and hereby are allowed to remove the said Glude Benway & his Wife to the
Town of Cambridge where they were originally placed by Order of this Court, and that
the Select Men of said Cambridge be and hereby are directed to take Care of them agree-
able to the Laws made respecting the Inhabitants of Nova Scotia now in the Province

In Council; Read and Concurr'd." — Ibid, p. 361.

"February 5, 1757. The Petition of Glude Benway as entered the 2'J instant. Read
again In Council on a Motion made and Seconded Ordered that this Petition be recon-
sidered, & that the further Consideration thereof be referred to Tuesday next at 11.
"Clock"— 76;V^.,;j. 365.

"Febru" 8, 1757. In Cotmcil; The Petition of Glude Benway Read & Non Concurr'd
and inasmuch as it appears that there were but Ten of the French Neutrals Ordered by
the Court to the Town of Cambridge in September last, that three of the French Neutrals
were ordered to be sent to the Town of Dunstal)le, that the Select Men of the Town of
Cambridge took Thirteen, the Three ordered to Dunstable being part of that Number and
have Supported them ever since, Therefore Voted that the Select Men of tlic Town of
Newtown have Liberty to send the said Glude Benway & Wife to the Town of Dunstable ;
and the Select Men of the Town of Dunstable are hereby directed to take Care of them

agreeable to the Laws of the Government in that Case made and Provided; In the

House of Representatives ; Read & Ordered that this Petition lye on the Table." — Ibid.,
p. 367.

" February 9, 1757. A Petition of Charles Mius one of the late French Inhabitants of
Nova Scotia complaining of the great hardships which he and his Family suffer at Plvm-
outh where they now reside and of his being deprived of a Barrell of Beef and Six Bushels
of Salt, his own Property brought from Cape Sal:)les and Praying Relief

In the House of Representatives ; Read & Ordered That the Select Men of the Town of
Plymouth be and hereby are directed to Assist the Petitioner in selling the Affixir of the
Beef and Salt mentioned with M'' Thompson ; and that said Town have leave by their
Select Men to remove the Petitioner and his Family to the Town of Wareham (who have
not as yet received any of the Inhabitants of Nova Scotia) and tliat the Select Men of said

Town of Wareham be and hereby are directed to provide for them as the Law directs-

In Council ; Read & Concurr'd Consented to by the Lieutenant Governour."— /6jrf.,

p. 372.

"February 14, 1757. In the House of Representatives; Voted that Judge Russell M^
Gridley and M'' Bradbury with such as shall be joined by the Honouralile Board be a Com-
mittee to Confer with his Excellency Governour Lawrence in Order to the obtaining a reim-
bursement of the Charges this Province have been at in Supporting the Inhabitants of
Nova Scotia, as well those who were immediately ordered here by that Government as
those who arrived here from some of his Mnjestys Southern Governments, and Report.
In Council; Read & Concurr'd & John Erving & William Brattle Esq" are joined in the
Affair. Consented to by the Lieutenant Governour." — Ibid , p. 378.

"Febru'i 1757. A Memorial of Benjamin Pickman Esq"' by Order of the Overseers of
the Poor of the Town of Salem — Shewing that Twelve of the French Nova Scotians, were
at first placed in the Town of Salem & since that Twenty more who came from Cape
Sables & being well acquainted with Boats & Vessells there is great hazard of tlieir run-
ning away with some of them, and further representing that they are supported at a
greater Expence at Salem than they would be in some other Towns of the Province —
Therefore Praying that they may be removed.

In the House of Representatives; Read and Ordered that the Overseers of the Poor

of the Town of Salem be and hereby are allowed and Impowered at the Charge of the
Province to remove the late Inhabitants of Nova Scotia who have been placed there by
order of this Court or of his Majestys Council from said Town to the Towns and in the
Proportion following — viz* seven to Hopkington, five to Southborongh & Eight to Tewks-
bury and that the Select Men of said Towns be and hereby are directed to Support the
said Inhabitants late of Nova Scotia in the manner as is directed by the Laws in that Case
made and Provided; And that the Twelve of said Inhabitants who were first Ordered to

lOGO Province Laws. — 1756-57. [Notes.]

said Town of Salem be removed to the Town of Sturbridge to be under tlie Care and Direc-
tion of Moses Marcy Esq'' who is hereby directed to provide for & Support tliem accord-
ingly at as small Expence to the Publicli as may be. In Council; Read & Con-

curr'd Consented to by the Lieutenant Governour." — Ibid.,]). 386.

" Februa 19, 1757. William Brattle Esq'' from the Committee appointed to Confer with
Governour Lawrence made the following Itcport viz'

The Committee appointed to wait on his Excellency Govern'^ Lawrence to Confer with
him upon the Charge of the French Neutrals &'^a having attended said Service beg leave to
Report. That it is the desire of Governour Lawrence that the Account of the French
Neutrals which came from the Southern Governments into this Province be prepared and
delivered to him, that he may lay the same before his Majestys Council at Hallifax for
Payment. And I'urthcr that his Excellency Gov Lawrence is of Opinion that upon Appli-
cations made at home this Province will be reimbursed the nccessaiy Charges it Iiath been
at for the Support of the French Neutrals so called sent by the Government of Nova Sco-
tia here, and that he will do every thing in his Power to assist this Government in obtaining
the same. By Order of the Committee W. Brattle. In Council; Read and Con-
curred, and Ordered that this Hcpoi't hQ accepted, and that the Committee who had the
Disposal of the said French" Neutrals with the Province Treasurer pi'epare the Accounts

referred to accordingly. In the House of Representatives ; Read and Concurred

Consented to by the Lieutenant Governour." — Ibid.,]}. 391.

" Febru" 22, 1757. A Petition of Benoni Melancon one of the late Inhabitants of Nova
Scotia Setting forth that He his Wife and Seven Children his Brother in Law & Wife and
Four Children, were placed by the Government at Lancaster where they Lived Twelve
Months enduring great hardships & Suffering Want till at length aljout Twenty Seven days
since they left the Town, and went to Weymouth where he prays they may be allowed an
House to Lodge in & Wood, and for the rest he will endeavour to maintain his Wife and
Five Young Children, and place his Two Eldest Sons in some good Families. In Coun-
cil; Read & Ordered that Sj'lvanus Bourn Esq'' with such as the Honourable House shall
join be a Committee to hear the Petitioner & any other Persons concerned, and report
what they think proper to be done thereon. In the House of Representatives ; Read &,,
Concurr'd & Colonel Marcy & M'' Turner are joined in the Affair." Ibid., p. 400.

" Febru'^ 25, 1757. Sylvanus Bourn Esq'' from the Committee on the Petition of Bellonl

Melancon made Report That they had met and heard the Petitioner, and one of the

Select Men of Lancaster relating the several matters therein complained of, and also heard
the Representative of Weymouth where the French People mentioned in said Petition at
present reside ; and that it doth not appear that the Petitioner had any Grounds to Com-
plain of the Select Men of Lancaster or either of them : relating the matters complained of
and are therefore of Opinion that the said French People be ordered forthwith to return to
Lancaster from whence they in a disorderly manner withdrew themselves

Which Report was read and accepted by both Houses & Ordered that the said French
Neutrals so called be directed to return forthwith to the Town of Lancaster accord-
ingly Consented to by the Lieutent Governour." — Ibid., p. 412,

" Febru-'' 25, 1757. Col° Clap from the House of Representatives ; came up to the Board
with a Message to desire that the Committee for preparing the Account of the Charge of
Maintaining the French Neutrals (so called) to be laid before Governour Lawrence may
be directed to sit forthwith." — Ibid.,]}. 413.

"April 1, 1757. A Petition of Peter Boudreau one of the late French Inhabitants of
Nova Scotia, Setting forth that He, his Wife and Family being Seven in all were placed at
Scituate where they have endured Numberless Hardships being obliged to work hard, and
when they have done their Work, that they are able to get little or nothing for it and that
they are now threatned to have their Children taken from them, and therefore Praying

Relciffrom this Court. In Council; Read & Ordered that Samuel Watts & William

Brattle Esq''^ with such as the Honoural^lc House shall appoint be a Committee to take
this Petition under Consideration, and Report what they judge proper to be done thereon.
In the House of Representatives ; Read & Concurr'd, and Col" Cotton M"' Prentice, and
M'' Humphrys are joined in the Affair." — Ibid., p. 420.

" April 8, 1757. A Petition of Samuel Livermore Esq'' of Walthara in the County of
Middlesex setting forth, that there have been a Number of tlie French Neutrals much
greater than their proportion sent to the Town of Waltham, that they can be Supported
much Cheaper in some other Towns of the Province and that many Towns are without

any of the said French People. Therefore praying that a part of them may be removed

elsewhere

Read as also A Petition of Daniel Henshaw and others the Select Men of the Town

of Leicester, Praying that James Morris & Family, who were ordered there by this Court
may be removed to some other Town where they may be more conveniently provided for,
and at a Cheaper Rate than at Leicester.

In the House of Representatives Ordered that M'^ Paine Major Noyes and Captain

Taylor with such as the Honourable Board shall join be a Committee to Consider the Peti-
tions of Samuel Livermore Esq'' & Daniel Henshaw & others and Report thereon. Also

that the said Committee take under Consideration and Report what they judge proper to
be done by tliis Court with regard to the Inhabitants late of Nova Scotia now within this

Province In Council Read & Concurr'd & John Erving & William Brattle Esq''^ are

joined in the Affair " — Ibid., p. 437.

" April 11, 1757. A Petition of Henry Gibbs Esq'' of Newton— Praying the Order of this
Court respecting Glude Bcnua his Wife and Five Children late Inhabitants of Nova Scotia,
originally placed by this Government, and from thence sent to Oxford, but now resident
in Newton, which Town Iiaving already the Care of Fourteen of said French People the
said Gibbs prays in behalf of the Town of Newton that said Glude & his Family may be

removed elsewhere. which Petition being referred to the Committee of both Houses

appointed on the Petition of Sanmel Livermore Esq'' said Committee reported that the
said French Persons be removed to the Town of Dedham. In Council; Read &

[Notes.] Province Laws. — 1756-57. 1061

Accepted and Ordered that the said French Inhabitants be removed from the Town of
Newton to the Town of Dcdham at the Charge of the Town of Newton, and that the
Select Men of the Town of Dedham receive the said French Persons, and govern them-
selves with regard to them according to Law. In the Ilonsc of llcprescntativcs ; Read

& Concurr'd Consented to bj^ a Major Part of the Council" — Ibid.,]}- 414.

" April 12, 1757. In the House of Representatives ; Whereas there was a Vote or Order
of this Court passed the 9'>» February last directing the Select Men of Plymouth to remove
Charles Mais and Family some of the Neutral French from the Town of Plymouth to the
Town of Warcham, but the said Charles Muis & Family being desirous of being removed
to Marshfickl and there appearing M'' Nathanael Ray Thomas ready to receive them &
give Bond of Two Hundred Pounds Lawfall Money to save the Province from any Charge
on said Charles & Family, and the Select Jlen of said Plymouth having removed them "to
MarshlJeld & took a Bond to the Province Treasurer for the Sum of Two Hundred Pounds

to save the Province from Charges on Account of said Family Voted that said Charles

Muis & Family be continued in said Town of MarshfieJd "any Order or Resolve of this
Court to the contrary notwithstanding, and that Thomas Foster Esq'' be directed to

deliver said Bond to the Province Treasurer. In Council ; Read & Concurr'd Consented

to by a Major Part of the Coimcil " — Ibid., p. 4.51.

" April 1(3, 1757. In the House of Representatives ; Voted that Thomas Flucker James
Russell and Stephen Hall Esq" with such as the Honourable Board shall join I)e a Com-
mittee to prepare an Account of the Charges this Province have been at in Supporting the
late French Inhabitants of Nova Scotia, as well those who were immediately ordered here
by that Government as those who arrived here from some of his Majestys Governments, that
the last Account may be transmitted to Governour Lawrence as soon as may be and the
other to M^ Bollan. In Council; Read & Concurred, and Sanmel Watts & John Erving

Esq" are joined in the AflFair Consented to by a Major Part of the Council"— Ibid.,

p. 466.

" April 19, 17-57. In the House of Representatives ; Whereas Charles Muis & Family
some of the French Neutrals were ordered by a Vote of this Court of the 8"> of February
last to be removed from Plymouth to Warcham, but have been since removed to Marsh-
field which removal has been approved of by this Court, and there being still a considera-
ble Number of said French Neutrals at Plymouth and none in the Town of Warcham

Voted that the Selectmen of Plymouth remove John Pelerine & Wife and Children, sup-
posed to be Five in Numl^er a Family of said French Neutrals to the Town of Wareham,
and that the Select Men of the Town of Warcham be and hercliy are directed to receive
them, and provide for them as the Law directs. In Council; Read & Concurred Con-
sented to by a Major Part of the Coimcil" — Ibid., p. 473.

" April 20, 1757. A Petition of Thomas Foster Esq'' of Plymouth— Setting forth that
in June 1756. one Charles Muis and Family consisting of Nine Persons were permitted to
go to Plymouth ; that the Select Men refusing to take Care of them, the Petitioner under-
took the Charge; that the said Family would have been al)le to have maintained them-
selves, had they continued in health, but so it fell out that they were all Sick, and one of
the Number Died Therefore Praying a Rcimbursenr' of his Expence upon them

In the House of Representatives ; Read & Ordered that there be allowed and paid out of
the Publick Treasury to the Petitioner the Sum of Eight Pounds Seven Shillings & ten
Pence ^ in full Discharge of his Account of Expcnces in Supporting Charles Muis &

Family exhiljited In Council ; Read & Concurred Consented to by a Major Part of

the Council "—Ibid., p. 486.

" April 22, 1757. A Petition of Henry Gibbs Esq"" of Newton— Praying as Entered the
W^ instant that the Town of Newtown may not be Burthened with the Sitpport of Glude
Benoni and Family lately Inhabitants of Nova Scotia, but that they may be removed to

some other Town, together with the Report of the Committee thereupon In Council;

Read & accepted & Ordered that the said French Inhabitants be removed from the Town
of Newtown to the Town of Dcdham at the Charge of the Town of Newtown, and that the
Selectmen of Dcdham receive the said French Persons and govern themselves with regard
to them according to Law. In the House of Representatives ; Read and Concurred. Con-
sented to Ijy a Major Part of the Council

A Petition of Samuel Livermore Esq'' of Waltham ^Praying that Seven of the French

Inhabitants of Nova Scotia placed at Waltham may be removed elsewhere together with

the Report of the Committee thereupon In Council ; Read and accepted and Ordered

that the said French Inhabitants be removed from the Town of Waltham to the Town of
Brookfield at the Charge of the Town of Waltham, and that the Selectmen of Brookfield
receive the said French Persons and govern themselves with regard to them according to
Law. In the House of Representatives ; Read & ConcuiTcd Cousented to by a Major
Part of the Council "—Ibid., p. 488.

" April 25, 1757. A Petition of Amos Fuller of Needham Setting forth that there are

Twelve of the French Inhabitants of Nova Scotia placed there, and as the Town is very
small Praying that they may be removed elsewhere

In the House of Representatives ; Read and Ordered that Five of the French Inhab-
itants late of Nova Scotia be removed from the Town of Needham to the Town of Wrent-
ham at the Charge of the Town of Needham, and that the Selectmen of the Town of
Wrcntham receive the said French Persons, and govern themselves with regard to them

according to Law. In Council ; Read and Concurred. Consented to by a Major Part of

the Couiicil "—Ibid., p. 502.

Chap. 12. " May 28, 1756. The Secretary delivered the following Message from the
Lieutenant Governour to both Houses viz'

Gentlemen of the Council & House of Representatives,

The undoubted Accounts We have received of the Military Naval Preparations made
in France, and the Appointment of a Gentleman of high Consideration there for his
Knowledge in American Affairs to the chief Command of a Powerful Fleet, which in all

1062 Province Laws. —1756-57. [Notes.]

probability is now at Sea, added to the repeated Accounts brous^t Us of some French
Men of War having been lately seen on the Banks of Newfoundland are strong Intima-
tions to Us to be upon our Guard, And I cannot upon this Occasion but recommend to
your serious Consideration the Necessity of providing for the Defence of our Sea Coasts
& more especially for putting both the Works & Stores of Castle William into such Order
as that We may be prepared for any sudden Attack : and it appears to me that to this
end it would be likewise requisite to provide a number of able & Skilful Gunners to

direct in the Mana.£?ement of the great Artillery there 1 shall give the proper Orders

Gentlemen to see that the Militia are furnished with Arms & Ammunition accordmg to
Law; and shall chcarfiilly Concur with you in every other measure, which the Safety of
the Province may require." — Council Records, vol. XXI., p. 186.

" June 4, 1756. The Secretary carried down the following Message from his Honour
the Lieutenant Govern our to the House — viz'

Gentlemen of the House of Representatives,

I now send you Returns made to me of the Condition of the Fortifications in divers
Maritime Towns in this Province, by Gentlemen I appointed to view the same, and as the
whole Province may be much endangered by the Nakedness of those Places, & their dis-
ability to make Defence in Case of an Invasion by Sea of which We have no ground to
Suppose ourselves free from danger. I must therefore desire you would give your specfly
Attention to this important Alfair, Sc make the necessary Provision for the Security of tlie
Maritime Towns in the Province that may be exposed to the Enemy." — Ibid., p. 200.

"August 19, 1756. In the House of Representatives; Voted that the Sloop Massachu-
setts now in the Service & Pay of this Province, be as soon as may be equipped in man-
ner following viz' with Six Guns that will carry Shot of Four Pounds, Two that will
carry Shot of Six Pounds Twelve Swivel Guns, with Small Arms Powder & Ball equiva-
lent, and that Sixty One able Bodied effective Men Officers included shall be put on Board
said Sloop & Subsisted, whose Monthly Wages shall be as follows, viz' the Captain Six
Pounds, Lieutenant Four Pounds, Master & Chirurgcon Three Pounds ten Shillings each,
Boatswain & Carpenter Three Pounds each, Mate & Armourer Two Pounds ten Shillings
each, Cook Steward & Cooper Two Pounds five Shillings each, & every Private Man
Two Pounds ; and whatever Prizes may be taken fronr the Enemy the following Distri-
bution shall 1)0 made; viz' Three Sixteenth Parts to the Captain, Two to the Lieutenant
Master & Chirurgcon, and Three to the Boatswain Carpenter Mate, Armourer, Cook, Stew-
ard & Cooper in equal Parts, And the remainintc Eight Sixteenth Parts among the Private
Men in equal Parts, and that the Duration of Uie Service be for Two Months"& no longer.

And that His Excellency be desired to grant Commissions to a number of suitable
Persons & to give all other necessary Directions accordingly. In Council; Read &
Concur'd "—Ibid . p. 247.

" August 20, 1756. His Excellency sent the following Message to the House by the
Deputy Secretary

Gentlemen of the House of Representatives,

War being now declared with France We may hourly expect that our Sea Coasts will
be infested with Privateers, of that Nation, which will much Endanger our Trade from
Euroi)e and the West Indies, as alsfo*] our Coasting Vessells which bring Us the most of

our Bread Corn from the Southern Colonics : Therefore I desire Gentlemen, you would

make proper Provision for taking up some suitable vessell to be well Armed & Manned
for the Defence of our Sea Coasts, which ought to be done without delay. In the Last
War with France the Province maintained an Armed Snow & Brigantine, besides the Sloop
Massachusetts for the service above mentioned." — Ibid., p 249.

" Scptcm'' 3, 1758. In the House of R,epresentatives; Voted that Judge Russell M'
Welles & Cap' White with such as the Hon'^'" Board shall join be a Committee to wait on
his Excellency the Governour, requesting that ho would use his interest with the Hon'^'^
Washinccton Shirley Esq'' Captain of his IMa.jestys Ship Mermaid to make a short Cruise
on our Coast more cspcciall.y on the back of Cape Cod, there being certain Advice that
one Privateer (if not more) is fitted out & gone from Louisbourgh & supposed (at
Halifax) to be designed to visit our Coast in Quest of Provisions, The Sloop proposed for
our Defence, beinsr not yet prepared for that Service In Council; Read & Non Con-
cur'd "—Ibid, p^2GS.

"Septem"" 10, 1756. In the House of Representatives; Voted that M' Speaker, M"'
Welles, M'' Fluckcr M'' Taskcr & M-' Gridley with such as the Hon"^" Board shall join be
a Committee in the Recess of the Court to Project some proper Method for the Security
of the Sea Coast in this Time of Danger, and Report thereon at the next Sitting of this
Court. In Council ; Read & Concur'd and Jacob Wendell Ezckiel Chever, Andrew
Oliver, and John Erving Esq'' are joined in the Affair." — Ibid., p. 277.

" October 14, 1756. Report about Defending & Securing the Sea Coasts &<''»

The Committee appointed to take under Consideration in the Recess of the Court, some
proper Method for the Security of the Sea Coasts in this time of Danger, have attended
that Service, and apprehending that the Governments of Connecticut and Rhode Island
will provide themselves vessells for the Protection of their Trade & of their Coasters
importing their Provisions Sc'^'^ so far as the Island of Nantucket but no further; but after
that our vessells will be greatly exposed to the Enemy, and our Fishery be intirely with-
out Defence unless some Provision be made for their Protection.

They therefore beg leave to Report as their Opinion, that Two suitable Vessells bo pi'O-
vided at the Charge of this Government, the one for the Protection of our Coasters from
the Southward, and another for the Protection of the Fishery, and other inward Bound
Vessells ; and for which the Guns & other Warlike Stores which were reserved in the Sale
of the Massachusetts Frigate now in the Commissarys Care, and of the Value of about
Four Hundred Pounds Sterling may be well improved, & so far a saving to the Province

and that a Committee be appointed for this Purpose : which is humbly Submitted

By Order of the Committee Jacob Wendell.

* Missing from record.

[Notes.] Province Laws.— 1756-57. 1061

In the House of Representatives ; Read & Ordered that this Report be aceepted and
that M'' Speaker, Mr Welles & M' Flucker with such as the Hoa'j''= Board shall join be a

Committee to Provide Two suitable Armed Vessells accordingly. In Council ; Real &

Concur'd ; and Thomas Hutchinson & John Erving Esq'''* arc joined in the AlTair.

Consented to by the Lieutenant Governour"— 7/Mf?., ;j. 292.

" October 20, 1756. In the House of Representatives ; Voted That John Quincy &
Thomas Flucker Esq" with such as the Hon'''" Board shall join be a Committee to Farm
out the Duties of Excise on Tea Coffee & China Ware in the County of Sulfolk for one
year from the 1** of November next. In Council ; Read & Concur'd ; and Samuel Watts
Esq'' is joined in the Affitir Consented to Ijy the Lieutenant Governour."

On the same day the following persons were chosen committees to farm out the excise
for the respective counties hereafter named ; viz.,

Henry Gibbs and Richard Reed, Esqs., on the part of the House, and Benjamin Lynde,
Esq., on the part of the Council, for the county of Essex ; —

James Russell and John Hunt, Esqs., on the ]3art of the House, and Ezekiel Chever,
Esq., on the part of the Council, for the county of Middlesex; —

Joseph Hawley, Esq., and Mr. Gideon Lyman, on the part of the House, and Eleazer
Porter, Esq , on the part of the Council, for the county of Hampshire; —

Timothy Payne and William Richardson, Esqs., on the part of the House, and John
Chandler, Esq., on the part of the Council, for the county of Worcester; —

David Stockbridge, Esq., and Capt. Ebenezcr Sprout, on the pnrt of the House, and
John Gushing, Esq., on the part of th6 Council, for the county of Plymouth ; —

James Otis and Rowland Cotton, Esqs., on the part of the House, and John Otis, Esq.,
on the part of the Council, for the county of Barnstable ; —

Samuel White, Esq., and Mr. Thomas Morey, on the part of the House, and George
Leonard, Esq., on the part of the Council, for the county of Bristol ; —

John Bradbury, Esq., and Mr. James Gowen, on .the part of the House, and John Hill,
Esq., on the part of the Council, for the county of York ; —

John Norton and Zaccheus Mayhew, Esqs., on the part of the House, and John Sum-
ner, Esq , on the part of the Council, for the county of Dukes county ; —

Abishai Folgcr, Esq., and Mr. Richard Coffin, on the part of the House, and Jonathan
, Esq., on the part of the Council, for the county of Nantucket. — Ibid., p. 299.

" Janu^ 28, 1757. In the House of Representatives ; Ordered that John Murray Esq'' be
of the Committee appointed to Farm out the Duties of Excise on Tea Coffee & China
Ware in the County of Worcester for One Year from the first of November last in the

room of William Richardson Esq'' Avho desires to be Excused from that Service In

Council ; Read & Concur'd Consented to by the Lieutenant Governour " — Ibid., p. 354.

" January 13, 1757. The Report of the Committee for Letting out to Farm the Duties
of Excise upon Tea, Coffee & China Ware in the County of Middlesex with their Account
of Expence amounting to £3. 9. 6.

In the House of Representatives ; Read & Aceepted & Ordered that there be allowed
and paid out of the Publick Treasury to the said Committee the Sum of Forty Tu-o Shil-
lings & Six Pence in full discharge of their Account of time & Expenccs mentioned. In
Council ; Read & Concurr'd Consented to liy the Lieutenant Governour." — Ibid., p. 331.

The above report from the committee appointed to farm out the excise for Middlesex
county, was followed by reports from the committees for the other counties, and the dates
of these reports, together with the names of farmers of excise appointed by them, respect- '
ively, are as follows : —

January 17, 1757. York county. — Ibid., p. 337.

January 17, 1757. Nantucket county. — Ibid., p. 337.

January 18, 1757- Hampshire county. — Ibtd., p. 339.

January 21, 1757. Essex county. — Ibid., p. .345.

January 2o, 1757. Barnstable county. — Ibid., p. 348.

February 12, 1757. Worcester countv ; to Caleb Richardson, for £7- 10*. — Ibid., p. 377.

April 20, 1757. Bristol county.— 7 i(V;., p. 486.

" April 22, 1757. In the House of Representatives ; Whereas the Committee for Farm-
ing the Excise on Tea &ca jq the County of Suffolk have found it impracticable to dispose
of it to the Value,

Therefore Voted that a Collector of said Duty be Chosen and Commissioned who shall
be under Oath, have and Exercise the same Powers, as by Law the Farmers of said
Excise in the other Counties have and Enjoy, and be accountal)le to this Court for his
Collections, and receive Five ^ Cent as a Reward for his Service — —the Choice to be

made by the Two Houses to morrow Morning at Ten a Clock In Council ; Read &

Concurred. Consented to by a Major Part of the Council " — Ibid., p. 492.

" April 23, 1757. John Chandler Esq'' went down to the House of Representatives with
a Message to inform them that the Board were now ready tt) proceed as was proposed to
the Choice of a Person to Collect the Duty of Excise upon Tea Coiiee, & China Ware for
the County of Suffolk

Accordingly the Two Houses proceeded to the Choice, and M'' John Cotton was elected
by a Mnjor Vote." — Ibid., p. 497.

" March 8, 1758. Gamaliel Bradford Esq"" from the Committee for fiirming out the
Excise on Coffee, Tea and China Ware in the County of Plymouth made report that they
had sold the same to M"^ John Russell of Plymouth for the Sum of Sixty one pounds six
shillings and eight pence. And pray'd Allowance of their Expence, and for their time
amounting to twentj' eight shillings and eight pence.

In the House of Representatives. Rea'd & Accepted; And Resolved That there be
allowed and paid out of the Public Treasury the Sum of Twenty eight shillings and eight
pence to the said Committee in disehai-ge of their account of time and exjicnces exhibited.
In Council. Read and Concurred. Consented to by the Governor." — Ibid., vol. XXII.,
p. 254.

The above report from the committee appointed to farm out the excise for Plymouth

lOGl Province" Laws.— 1756-57. [Notes.]

county, was followed by reports from the committees for the other counties, and the dates
of these reports, tofcether with the names of farmers of excise appointed by them, respect-
ively, are as follows : —

March 23, 1758. Suffolk county ; to Mr. William Story, for £650.— Ibid., p. 293.

March 23, 1758. York county ; to Mr. James Sayward, for £40. is.— Ibid., p. 293.
' April 29, 1758. Essex county ; to Mr. Jacob Ashton, for £37S.— Ibid., p. 3i9.

June 5, 1758. Worcester county ; to Mr. Paul Crocker, for £11. 10s. — Ibid., p. 371.

June 5, 1758. Barnstable county ; to Mr. Isaac Hinckley, for £18. 13s. id. — Ibid., p. 372.

October 7, 1758. Bristol county; to Mr. George Leonard, for £7. Is. — Ibid., p. 417.

October 11, 1758. Nantucket county ; to Mr. Thomas.Artbur, for £9. 6s. Sd.—Ibid.,p. 425.

January 10, 1759. Middlesex county; to Mr. John White, for £IG0.—Ibid.,p. 472.

" January 11, 1759. In the House of Representatives. Voted That Thomas Flucker
and Thomas Goldthwait Esq" with Such as the honourable Board shall join be a Com-
mittee to farm out the Duties of Excise on Tea Coffee and China Ware in the County of
Suffolk the current Year. In Council Read and Concurred and Samuel Watts Esq is
joined in the Affair. Consented to by the Governor."— 76t(^., p. 475.

On the same day the following persons were chosen committees to farm out the excise
for the respective "counties hcrealfter named ; viz.,

Joseph Gcrrish, Esq., and Mr. Daniel Gidding, on the part of the House, and Benjamin
Lyndc, Esq., on the part of the Council, for the county of Essex ; —

Andrew Bordman and James Russell, Esqs., on the part of the House, and William
Brattle, Esq., on the part of the Council, for the county of Middlesex; —

Elijah Williams and Timothy Dwight, Esqs., on the part of the House, and Israel
Williams, Esq., on the part of the Council, for the county of Hampshire;—

Timothy Ruggles and Edward Hartwcll, Esqs., on tlie part of the House, and John
Chandler,' Esq., on the part of the Council, for the county of Worcester; —

Gcorire Watson, Esq., and Mr. John Brewster, on the part of the House, and Gamaliel
Bradford, Esq., on the part of the Council, for the county of Plymouth;—

Rowland Cotton and Edward Bacon, Esqs., on the part of the House, and Silvanus
Bourn, Esq., on the part of the Council, for the county of Barnstable ; —

Samuel White, Esq , and Capt. Thomas Morey, on the part of the House, and George
Leonard, Esq., on the part of the Council, for the county of Bristol;—

John Bradl:iury, Esq., and Mr. Benjamin Chadburn, on the part of the House, and
Richard Cutt, Esq., on the part of the Council, for the county of York; —

John Norton, Esq., and Mr. Matthew Mayhew, on the part of the House, and John Sum-
ner, Esq., on the part of the Council, for tlie county of Dukes county ; —

Abishai Folger and Richai-d CofRn, Esqs., on the part of the House, and Josiah Cotton,
Esq , on the part of the Council, for the county of Nantucket.— 76jrf. _

"March 28, 1759. In the House of Representatives Voted That the several Comittees
appointed to farm out the Excise upon Tea, Coffee &= be directed to suspend that Affair
'till the further Order of this Court. In Council. Read and Concurred. Consented to
by the Governor." — Ibid.,}}. 640.

" Janu'^ 7, 1757. In the House of Representatives ; Ordered that Col" Clap M'' Gibbs of
Newton & Col° Miller with such as the Hon>^i'^ Board shall join be a Committee to examine
the Act lately passed this Court for providing and maintaining Two Armed Vessells to

guard the Coast &<^'' Report what Defects they find therein, and what they judge proper

to be done for remedying the same — In Council ; Read and Concurr'd, and Ezekiel
Chcver and William Brattle Esq" are joined in the Affair." — Ibid., vol. XXL, p. 318.

" Janu" 18, 1757- In Council; Whereas in the Act lately passed this Court providing
Two Armed Vessells &'^» it is not so fully expressed what Select Men or Assessors are im-
powcrcd and directed to Assess & Tax the Vessells therein mentioned. Therefore Pwcsolved
That the Select Men or Assessors to l)e chosen next March be the Persons that shall Assess
and Tax the Vessells aforesaid that have been liable to be Taxed from the First of last No-
vember to this time, and from this time to the first of November, and the Select Men or
Assessors that after next March shall be chosen Annually during the Continuance of said
Act shnil be the Persons that shall Assess and Tax all the Vessells in their respective
Towns liable to be taxed, the time to be reckoned from the First of November Annually;
and the Treasurer of this Province is hereby directed to send to the Assessors of the

Maritime Towns a Copy of said Act & this Resolve. In the House of Representatives;

Read & Concurr'd— Consented to by the Lieutenant Governour.'i — Ibid., p. 339.

" Febru" 18, 1757. In the House of Representatives ; Voted that there be the following
Establishment of Wages made for the Ofticers and Seamen to be employed in the Service
of the Province on Board the Vessells now Building for Guarding the Coast. — viz'

For a Captain '. . . . £8 Os. <^ Month

For a Lieutenant 5 0 ditto

For a Master 4 0 ditto

For a Pilot 4 0 ditto

For a Doctor 3 10 ditto

For a Chaplain 3 10' ditto

For a Mate 3 0 ditto

For a Carpenter 3 0 ditto

For a Gunner 3 0 ditto

For a Boatswain 30^ Month

For a Cooper 2 10 ditto

For an Armourer 2 10 ditto

For a Coxswain 2 10 ditto

For a Boatswains Mate 2 5 ditto

For a Steward 2 5 ditto

For a Cook 2 5 ditto

For a Quarter Master 2 5 ditto

For each Seaman 2 0 ditto

[Notes.] Province Laws.— 1756-57. 1065

In Council ; Read & Concurr'd Consented to by the Lieutenant Governour." — Ibid., p.
392.

" April 5, 1757. In the House of Representatives ; Ordered that M'' Tasker M"" Flucker
and Ricliard Reed Esq'' with such as the Honourable Board shall join he a Committee to
take under Consideration some suitable method for INIannino; tlic Province Ship & Snow
desiffucd to Guard the Coast, and what Number of Men they judiie proper the Establish-
ment for each of said Vessells be made for and Report. In Council ; Read & Concurr'd

and Jaco6 Wendell and John Erving Esq" are joined in the Affair.

* * * *

In Council ; Ordered that the Sherriff of the County of SufTolIc be and hereby is im-
powercd and directed to Impress Thirty Seamen for the Manning the Snow Prince of
Wales Nathanael Dowse Commander in order to her Proceeding upon his intended Cruize

as soon as may be. In the House of Representatives ; Read & Concurr'd Consented

to by a Major Part of the Council" — Ibid., p. 425.

" April 8, 1757. The Committee appointed to Consider of suitable Method for Manning
the Province Ship & Snow, and of the Number of Men necdfull for that purpose

That there be One Hundred and Twenty five Men allowed for Manning the Ship Officers
included.

And for the Snow Eighty Five Men Officers included

And for Encouragement of al)lc bodied INIen to inlist in the above Service, that One
Months Wages be advanced to each Private Man that shall inlist to be deducted out of
his Pay. and that tne Impost Officer be directed to pay into the Province Treasury what
Sums he has Collected by virtue of the Act for Building the abovcraentioned Vessells to
enable the Treasurer to pay the same in manner as aforesaid

Jacob Wendell 4p* Order

In the House of Representatives ; Read & Ordered that this Report be accepted In

Council; Read & Concurr'd Consented to by a Major Part of the Council" — Ibid., p.
437.

" April 11, 1757. A Message from the House of Representatives ; by Col" Cotton was
brought up to the Board to inform them that one Henry Wilson an Inlisted Soldier in the
present Expedition is impressed aboard the Province Snow Prince of Wales Capt" Dowse
therefore desiring the Board would give Orders for his Discharge, and that they would be
pleased to give Orders to Captain Dowse not to Impress any Persons inlisted in the Land
Service, nor any Persons out of Coasting Vessells." — Ibid., p. 445.

" April 15, 1757. Major Reed came up to the Board with a JNIcssagc from the House of
Representatives ; to inquire whether the Council had appointed a Commander for the
Province Ship destined for the Protection of the Fishery &'^^"

John Chandler Esq"' went down to the House of Representatives with a Message from
the Council to inform the House that yesterday at a full Board it was agreed to defer the
Appointment of a Commander for the Ship abovcmentioned until! Tuesday next." — Ibid.,
p. 460.

" April 15, 1757. In the House of Representatives ; Voted that the following Message
be sent to the Honourable his Majestys Council viz'

May it please j'our Honours

It is with great Concern that the House are informed by your Message that the Con-
sideration of the Affair of putting the Province Ship into Commission is again referred
for several days to come, notwithstanding this House fully sensible of the necessity of
her being speedily Commissioned signified their earnest desire thereof by Message to the
honourable Council Six days ago, and being still of the same Opinion now beg leave to
represent to your Honours that as there is now an Embargo on all our Navio-ation the
Mariners sensible of this, and under necessity to get Employ as soon as possible would
very readily in sufficient Numbers inlist themselves ; whilst if there should beany further
delay tlicre is danger that an Impress would be necessary which might not only take up
longer time to procure the Men, and force many against their Wills, who will doubtless
embrace the first Opportunity to Desert, & so give continually fresh occasions to renew an
Impress, a thing abhorrent to the English Constitution and peculiarly odious in this
Counti-ey but also distress the Trade & Fishery ; which this Ship at an immense Cost to
the Province is designed to protect, by breaking up the Crews & Companies of many of
the Vessells, & besides give occasion for horrid Murders a late Instance of which We have
experienced with uncommon Aggravations '

We would but just mention that as it is necessary the Ship should be fit for the Sea as
soon as the Embargo is over in order to answer the Purposes for which She was Built, so
we think this can scarcely be done Init by the Assistance of the Officers & Company ; or
at least neither so well nor l)y a great deal so Cheai) ; a Consideration of much Weight in
a time of such a heavy Burthen of Charges on the Province. For these and divers other
reasons that might be urged we earnestly move your Honours that Commissions may be
made out as soon as possible to some suitaljle Person to Command and Officers to assist
in Navigating the said Ship that so She may be with the greatest Dispatch Manned, and
fitted for theSea for his Majestys Service " — Ibid., p. 461.

" June 1, 1757. In the House of Representatives— Voted That the Treasurer be & hereby
is directed to pay one Months Advance Wages to each of the Officers belonging to the
Province Ship & Snow lately built and equipped by this Government to guard the Coast

In Council Read & Concurred. Consented to by a Major Part of the Council" —

Ibid., vol. XXlI.,p. 15.

" June 15, 1757. In the House of Representatives. Voted That on the Ship King
George, lately built and equip'd by this Province to guard the Coast, being furnished with
two more nine pounders, the same Establishment of Wages and Subsistence l)e made for
twenty five Seamen more with that made for those already allowed for that Service. In

Council Read and Concurred. Consented to by a Major Part of the Council." — Ibid.,

p. 57.

"November 26, 1757. In the House of Representatives. Voted That the following

134

1066 Province Laws.— 1756-57. [Notes.]

Establishment be made for the Sloop Massachusetts, Thomas Sanders Master, employed
in the Service of this Government, viz'

For the Sloop two shilling's & ciccht pence ^ Tun ^f Month

For the Captain two Pounds thirteen shi!I'-'< & four pence 4^' Ditto

For the Mate two Pounds, six shilliuirs & ei^ht pence <\p' Ditto

For four Sailors each, One pound six shill-^ & eight pence i^ Ditto
to be accounted from the date of the last Pay Pioll antl to continue till the further order
of this Court. In Council. Read and Concurred. Consented to by the Governor." —
Ibid., p. 120.

" January 5, 1758. In the House of Representatives Voted That his Excellency the
Governor with the Advice of his ISIajcsty's Council be desired to issue his Warrant on the
Treasury for Payment of the Officers and Seamen who have been emplo.ycd in the Ser-
vice on board the Province Ship Kin;? George, and also such Tradcsmens and other Bills
for the Province Ship and Snow as the Grants for building said Vcssells are insufiScient
to discharge, out of the Appropriation for the eighteen hundred Men raised by tliis Gov-
ernment for his Majesty's Service under the Command of his Excellency the Earl of
Loudoun. In Council. Read and Concurred. Consented to by the Governor." — Ibid.,
p. 192.

" March 14, 1758. In the House of Representatives Voted That the following Estab-
lishment of Wages be made for One hundred and fifty Men (Officers included) for the
Province Ship called the King George to continue until the first day of September next,

provided the War with France shall continue so long viz'

For a Captain £S Os.^ month

For a Leuitenant 504f ditto

For a Master 40(^ ditto

For^ Pilot 4 0 &» ditto

For a Surgeon '. . i 0 ^ ditto

For a Surgeon's Mate 2 10 (jp* ditto

For a Chaplain . . 3 10 (}|>' ditto

For a Mate 304J)' ditto

For a Carpenter S 0 ^ ditto

For a Gunner 304p' ditto

For a Boatswain 30c^ ditto

For a Sailmaker 2 10 cff-' ditto

For an Armourer 2 10 Ip* month

For a Coxswain 2 10 c^ ditto

For a Boatswain's Mate 2541^ ^^itto

For a Steward 2 5 Ip* ditto

For a Cook 2 0 <§>* ditto

For a Quarter Master 2 5 iQ)" ditto

For each Seaman 204P' ditto

And that his Excellency be desired to give Orders for inlisting said Men accordingly. In
Council. Read and ConcuiTcd. Consented to by the Governor." — Ibid., p. 265.

"Mai-ch 16, 1758. In the House of Representatives. Voted. That the following Allow-
ance of Provisions be made to each Man in the Service on board the Province Ship of
War King George viz*
Six Pounds of Bread
Four Pounds of Pork
Three Pounds of Beef

One and an half pound of Flour ) ^ Week.
One Quart of Feasor Beans

Seven Jills of Rum and |

Three Galons of Beer. J

In Council. Read and Concurred. Consented to by the Governor." — Ibid., p. 271.

" June 2, 1758. In Council— Ordered That John Osborne, John Erving, William Brat-
tle, Gamaliel Bradford and Thomas Hancock Esq with such as the honourable House
shall appoint be a Committee to inqnirc into the Conduct of the Captain, Officers, and Sea-
men of the Province Snow Prince of Wales at the time she was taken by the Enemy, and
into the Occasion of the Loss of said Snow

In the House of Representatives. Read and Concurred, and M"" Goldthwait, M'' Flucker,
Col» White, Benjamin Prat Esq, M' Witt and Capt» Livermore are joined in the Aflair."
—Ibid., p. 369.

"June 15, 1758. The Committee appointed to inquire into the Conduct of the Captain,
Officers and Seamen of the Snow Prince of Wales at the time of her being taken, and
respecting the Loss of said Snow made the following Report, viz'

That they had carefully examined the said Captain, and all the persons which were to
be found that were taken in said Snow, and returned home viz' Mannadukc Mnsterman,
Mate of said Snow, John Phillips jun'' and Joseph Lovell Midshipmen, and after a full
hearing of said Evidence and having taken the same in writing agreeable to the Interrog-
atories annexed — the Committee were of opinion That the said Captains Conduct in going
so near to Louisbourgh was inconsistent with the Instructions which he had received from
his Excellency the Governor. That the said Captain was to blame in lying to until the
Enemy came up with him, and delivering up the said Snow without making any Resist-
ance— Yet notwithstanding they do not apprehend that Captain' Dowse did deliver up the

said VesscU either through Cowardice or Treachery, but through Error of Judgment

And further that it appeared to the Committee that the other Officers and Seamen on
board the said Snow were not blameable —

Signed — In the name of the Committee J. Osborne.

In Council. Read and thereupon Resolved That although there were no Marks of
Cowardice or Treachery in Capt" Dowse's Behaviour, yet it appears that his going so near
Louisbom-gh in his passage to the Banks was extremely ill judged, and not warranted by

[Notes.] Pkovince Laws. — 1756-57. 1037

his Instructions from his Excellency the Governor. And that hereby, as well as by
suflFcring a Ship so much superior to come so near Lim when he was at no greater distance
from an Enemy's Port before he endeavoured to avoid, or escape from her, tbe s;iid Capt"
Dowse unnecessarily exposed the Province Vessell, and that his Conduct lierein has been
unjustifiable and blame worthy. In the House of Representatives. Read and Concur-
red."—/i-iVZ., ;j. 402.

" October?, 1758. The Secretary by Order of his Excellency the Governor delivered
the following Message to the two Houses respectively viz'

Gentlemen of the Council and House of Representatives

Hearing that tlie Snow Pi-ince of Wales'built and fitted out by the Government of this
Province, and which was taken last Year by the Enemy was in Louisbourgh Harbour. I
put in my Claim to her in tlie name of the Province. But before my Letters reached the
Admiral, his Excellency of his own Motion acquainted me that he had retaken our Snow
and would return her. For which I gave him tbe Thanks of the Province. His Excel-
lency has since acquainted me, that She shall be delivered to M'' Clarke agreeable to my
Claim.

I shall by no means think of fitting her out again, I would therefore advise with You
what it were best to have done with her.

Province House Ocf 7, 1758. T Pownall.

In the House of Representatives Ordered That M'' Russell, M'' Flucker and M'' Gold-
thwait with such as the honourable Board shall appoint be a Committee to take under
consideration his Excellency's Message to the two Houses of this Forenoon, and report
what they judge proper to be done thereon. In Council Read and Concurred and Sir
William PepperrcU Bar' and John Erving Esq" are joined in the AfFair." — Ibid., p. 418.

" October 14, 1758. The Committee appointed on his Excellency's Message of the Z"*
Instant relating to the Snow Prince of Wales made the f jllowing Report viz'

Pursuant to the within Order Wc have considered of the AfFair of the Snow Prince of
Wales, and are humbly of opinion that his Excellency be desired to write to the Gentle-
man he appointed to Act as Agent relating tol)cr, to take an Inventory of all the Stores
that belong to her, and send Account of the state and condition of the Vcsscll and Stores
by the first opportunitv in order that she mav be sold here to the highest Bidder.

Signed W™ Pepperrell. #" Order.

In Council. Read and Accepted. In the House of Representatives. Read and Con-
curred. Consented to by the Governor." — Ibid., p. 435.

" January 3, 1759. The Secretary by order of his Excellency the Governor delivered
the following Message to the two Houses respectively.

Gentlemen of the Council and House of Representatives.

Conformable to a Vote of the General Court T ordered the Snow Prince of Wales to be
sold, and appointed his Honor the Lieutenant Governor and the honourable M'' Erving to
sell her. By their Report of their Doings to Me, You will see there is Two hundred and
Fifty five Pounds, the Appropriation of which, You will please to consider.

JanyS: 1759. T Pownall:—

In the- House of Representatives. Ordered That the Committee appointed by his Excel-
lency to sell the Province Snow Prince of Wales be directed to pay tbe Proceeds arising
by the Sale of said Vessell into the Public Treasury for the further order of this Court.
In Council. Read and Concurred. Consented to by the Governor " — Ibid., p. 419.

" March 15, 1759. In the House of Representatives. Voted That the ibliowing Estab-
lishment of Wages be made for One hundred and fiftj' Men (Officers included) lor the
Province Ship called the King George to continue until the first day of September next,
provided the War with France shall continue so long viz'

For a Captain Eight pounds per Month

For a Lieutenant Five pounds ditto

For a Master Four pounds d"

For a Pilot Four pounds d"

For a Surgeon Four pounds d" ■

For a Surgeon's Mate Two pounds ten shillings d"

For a Chaplain Three pounds ten shillings d"

For a Mate Three pounds d"

For a Carpenter Three pounds d^

For a Gunner Three pounds d"

For a Boatswain Three pounds d"

For a Sailmaker Two pounds ton shillings d"

For an Xrmourer Two pounds ten shillings d"

For a Coxswain ."' . Two pounds ten shillings d"

For a Boatswains Mate Two pounds five shillings d° >

For a Steward Two pounds five shillings d"

For a Cook Two pounds d"

For a Quarter Master Two pounds five shillings d"

For each Seaman Two pounds d*^

And that his Excellency be desired to give orders for inlisting said Men accordingly. In
Council. Read and Concurred. Consented to by the Governor." — Ibid., p. 597.

" March 15, 1759. In the House of Representatives Voted That the following Allow-
ance of Provisions be made to each man in the Service on board the Province Ship of
War King George, viz'
Six pounds of Bread ")

Four pounds of Pork I

Four pounds of Beef |

One pound and half of Flour S 4^ week.
One quart of Peas or Beans I
Seven Jills of Rum |

Three Galons of Beer J

In Council. Read and Concurred. Consented to by the Governor."— iSid.

1068 Province Laws.— 1756-57. [Notes.]

"March 28, 1759. A.Meraori.il of Captn Eenj» Hailowell jun"" Commander of tlie Ship
King Georfce — Representing the difflculty ho meets with in getting liis Ship Manned occa-
sioned l)y tlic great demand for Men for the Transport Service. And Praj-ing that lie may-
be impowercd to impress out of inward bound Vessells a sufficient uumlier of Men to
make up his Complement.

In the House of Representatives Voted That the Captain General be desired to give
Orders to Capt" Hailowell to impress out of the inward bound Vessells so many Seamen
as to make up the Compliment of Men (with those he hath already inlisted) to compleat
the number allowed by this Court to man the SJiip King George of which said Hailowell
is Commander. In Council. Read and Concurred. Consented to by the Governor." —
Ibid., p. 639.

Chap. 15. "By the Honourable Spencer Phips Esq' Lieutenant Governour & Com-
mander in Chief, in & over his Majesty's Province of the Massachusetts Bay in New Eng-
land.

A Proclamation.

Whereas the Great & General Court or Assembly of this Province at their Setting held
by Adjournment the Fourteenth Day of January last, pass'd an Act entitled, an Act for
preventing the Exportation of Provisions & Warlike Stores out of this Province ; wherein
(among other Things) itis enacted, ' That if the Gov^ orCommander in Chief.for the Time
being shall see fit, with the Advice & Consent of the Council, to issue a Proclamation pro-
hibiting the Exportation of Provisions or Warlike Stores out of the Province, for any Time
after the Twentieth Day of June, and not exceeding the Twentieth Day of November fol-
lowing in this present Year, the Master & Owner or Owners, Factor & Factors of any
Vessel or Vessels on board of which such Provisions or Warlike Stores, contrary to such
Proclamation, shall be respectively liable to the Pains & Penalties, as if the same had been
exported before the said Twentieth Day of June, contrary to the said Act : '

And whereas the said Great & General Court at their Session in Octoljer last, did make
& pass an Act for further continuing the said Act for preventing the Exportation of Pro-
visions & Warlike Stores out of this Province, untill the Twentieth Day of December
next.

1 have thought fit, with the Advice & Consent of his Majesty's Council of this Province,
further to prohibit the Exportation of Provisions or Warlike Stores from any part of this
Province untill after the Twentieth Day of Decembernext: And all Persons concerned
are required to govern themselves accordingly.

Given at the Council-Chamber m Boston the Nineteenth Day of November 1756 In the
Thirtieth Year of the Reign of our Sovereign Lord George the second, by the Grace of God,
of Great Britain, France & Ireland, King, T)efender of the Faith &c.

By Honour's Command, with the
Advice & Consent ofthe Council S. Phips

Tho' Clarke Depty Secry ■ _

God -save the King." — Records of Civil Coynmissions ; in Secretary's
Office, vol. 2., p. 312.

'■ Janu» 7, 17-57. A Petition of Daniel Sergeant Praying Liberty to Export Two
Hundred & Fifty Bushels of Corn to Barbadoes upon giving Bond to Land the same
there. "^

In Council ; Read & Ordered that the Prayer of this Petition be granted and that the
Petitioner be allowed to Export the Two Hundred & Fifty Bushels of Corn above men-
tioned to the Island of Barbadoes aforesaid, and the Commissioner of Impost is hereby
Impo\vcrcd & directed to take the said Bond which shall be cancelled on the Petitioners
producing a Certificate from the principal OfBcers of the Customs of the said Island that
the said Corn was bona fide Landed and disposed of there. In the House of Repre-
sentatives; Read & Concur'd Consented to by the Lieuten' Governour." — Council

Records, vol. XXL, p. 317.

" Janu» 7, 1757. A Petition of Benjamin & Edward Davis Praying leave to Export
Fifty Barrells of Beef to the Island of Antigua they being ready to enter into Bonds for
the Delivery of them in said Port.

In Council ; Read & Ordered that the Prayer of this Petition be granted, and that the
Petitioner.'? be and hereby are impowered to transport the Beef above mentioned they
giving Bond to the Commissioner of Impost in the Sum of One Thousand Pounds Sterling
to Land the said Beef in the Island of Antigua aforesaid & upon producing a certificate
from the Principal Officers of the Customs of the said Island of Antigua, that the said

Beef has been bona fide Landed & disposed of there the said Bond to be Cancelled In

the House of Representatives; Read & Concur'd Consented to by the Lieuten'

Govern'' " — Ibid.

" Additional Instructions to Our Trusty and Wellbeloved William Shirley
p T? Esqf Our Captain General and Governor in Chief in and over Our Province

Fl si '^^'^ Territory of the Massachusetts Bay in New England in America;
1- ■ -I Given at Our Court at Kensington the Fifth day of July 1756, in the Thir-
tieth Year of Our Reign.

Whereas by Our Declaration dated the Seventeenth day of May last We have thought
fit to declare War against the French King, his Subjects and Vassals ; and whereas Wo
have been inform'd, that heretofore in times of War Our Subjects in several of Our Colo-
nies and Plantations in America, have corresponded with Our Enemies and supplied them
with Provisions and Warlike-Stores, Avhereby Our Service has been greatly prejudiced
and the safety of Our Dominions endanger'd.

It is therefore Our express Will and Pleasure, that you do, with the Advice of Our
Council, take the most speedy and cflFectual Measures to hinder all Correspondance between
any of Our Subjects Inhabiting Our Province of the Massachusetts Bay under Your

[Notes.] Peovince Laws. — 1756-57. 1069

Government and the Subjects of the said French Kin,£r, and to prevent any of the Colonies
or Plantations belonging to Our Enemies or other Places possessed by them in America
being supplied, cither by Laud or by Sea, from Our said Provf^« under Your Government
witb'Provisions or Warlike-Stores of any kind.

And in Case you shall find it necessary to have an Act passed for the Purposes above-
mentioned you arc earnestly to recommend it in Our Name to Our Council and to the
Representatives of Our said Province to prepare and pass such Act.

G. E,." — Records of
Crown Commissions ; in Secretary's Office, vol. I, p. 148.

"January 8, 1757. His Honour the Lieutenant Governour sent the following Message
to the Two Houses — viz'

Gentlemen of the Council & House of Representatives,

Since your Last Session I had the Honour to receive his Majestys Additional Instruc-
tion signifying his Royal Pleasure that the most effectual Measures should be taken to
prevent all Supplies of Provisions or Warlike Stores being sent from hence to the French

and all Correspondence with them. As the Force of your Act for these Purposes

expired during your late Recess I have with the Advice & Consent of His Majestys Council
given Orders to the Impost Officer to Clear no Vessells having on Board any of the fore-
going Commodities without Special Licence nntill the General Court should have Oppor-
tunity of resuming the Consideration of these Matters, the Force of this Order will expire
likewise the 10"» instant. —

I therefore earnestly recommend it to you Gentlemen to Frame a Law which shall
effectuallv prevent the Enemy receiving Succours or Intelligence from Us." — Council
Records, vol. XXL, p. 319.

" Janu» 10, 1757. The Secretary by Order of His Honour the Lieutenant Governour
communicated to the Two Houses a Letter dated the 9"> October 1755. from the Right
Honourable the Lords for Trade & Plantations Signifying his Majestys Pleasure that'an
Embargo be laid on all Vessells carrying Provisions to any other than his Majestys
Colonics & Plantations." — Ibid., p. 321.

" Janu^ 10, 1757. Samuel Welles, Esq"" came up from the House of Representatives
with the following Message to His Honour the Lieutenant Governour viz'

May it Please your Honour,

Pursuant to your Honours Message this Morning the House have appointed a Commit-
tee to bring in a Bill to prevent the Exportation of Provisions &'''^ to the Enemy, but as
We apprehend it is of great Importance that some cfFectual Provision be made for the
same purpose through the Continent to accomplish which the Right Hono'''^' the Earl of
Loudouns Approbation & Influence will be the most likely means; the House therefore
humbly apprehend that it will be proper to Suspend this Affair a few days till his Lord-
ships Arrival, and humbly pray j-onr Honour in the mean time with the Advice of his
Majestys Council to give such Orders in this Affair as the Publick Interest & Safety may
require " — Ibid.

" Letter from the Right; Honourable Board of Trade, to Governor Shirley —

Whitehall October Q'^ 1756.

Sir.

It having been represented to His Majesty, that the several Islands and Colonies belong-
ing to the French in America, have in Times of War been frequently supplyed with Pro-
visions of various kinds, by means of the Trade carried on from His Majesty's Islands
and Colonies to the Colonics and Settlements belonging to the Dutch, and other neutral
Powers ; it is His Majesty's Pleasure, that you do forthwith upon the receipt of this Order,
give immediate Directions, that an Embargo be laid, during llis Majesty's Pleasure, upon
all Ships and Vessels clearing out with Provisions from any Port or Place within your
Government, except those which shall be employed in carrying Provisions to any other of
His Mnjesty's Colonies and Plantations, which Ships or Vessels are to bo allowed to Sail
from time to time, provided that the blasters or Owners do, licfore they are permitted to
take any Provisions on board, enter into Bond (with two Sureties of known Residence
there and Ability to answer the Penalty) with the chief Ofliccrs of the Customs of the
Ports or Places from whence such Ships or Vessels shall set Sail, to the value of One
Thousand Pounds, if the Ship be of less burthen than one hundred Tons, and of the Sum
of two thousand Pounds, if above that burthen, that the Cargos of such Ships or Vessels,
the particulars of which arc to l)e expressed in the Bonds, shall not be landed in any other
ports or places than such as belong to His Majesty, or are in possession of His Subjects,
and that they will within twelve months after the Date thereof, the Danger of the Seas
excepted, produce Certificates under the hands & seals of the principal officers of the
Customs, at such Ports or Places, for which such Ships or Vessels cleared out, that the
said Cargoes, expressing the particulars thereof, have actually been landed there, and
when there shall lie cause to suspect, that such Certificates arc false and counterfeit, you
shall take especial Care, that such Security be not cancelled or vacated, nntill 3'ou shall
have been informed from the said principal Officers of the Customs, that the Matter and
Contents thereof are just and true, and in case the Masters or Owners of such Ships or
Vessels shall not produce the said Certificates within the time limited, you are to attest
the Copies of such Bonds, under your hand & seal, and to cause prosecution thereof, and
you are also to give directions that no Person be admitted to be Security for another who
has l)onds standing out undischarged, unless he be esteemed responsible for more than the
Value of such Bonds.

And in order the more fully to Answer His Majesty's Intention of distressing the Enemy
and to render His Orders herein the more effectual, you are to take care in case the Mas-
ters or Owners of any Ships or Vessels having cleared out from the C^olony under your
Government, laden with Provisions for any of His Majesty's other Colonies or Islands,

1070 Province Laws.— 1756-57. [Notes.]

shall be detected in causing collusive Captnres to be made of the Cai-croes, that the severest
Penalties be inflicted upon the Offenders, which the Laws will in sucii cases allow of

We are,
Sir
Your most Obedient

humble Servants

Dunk Halifax
William Shirley Esq'' Governor of the } Andrew Stone

Massachusetts Bay ^ James Oswald " — Records of

Croion Commissions ; in Secretary's Office, vol. \,p. 144.

"A Proclamation Prohibiting the Exportation of Provisions, without Bonds being
Given. By the Honouralilo Spencer Phips Esq"" Lieutenant Gov^ and Commander in
Chief, in & over his Majesty's Province of the Massachusetts Bay in New England.

A Proclamation.

It having been signified to Me by the Right Honourable the Lords Commissioners for
Trade & Plantation's, That it had been represented to his Majesty, that the several Islands
& Colonics belonging to the French in America, have in Times of War been frequently
supplied with Provisions of various Kinds, by Means of the Trade carried on from his
Majesty's Islands & Colonies to the Colonies & Settlements belonging to the Dutch and
other neutral Powers : And that it was his Majesty's Pleasure, that'l should immediately
give Directions that an Embargo be laid during his Pleasure, upon all Ships & Vessels
clearing out with Provisions from any Port or Place within this Government, except those
which shall be employed in carrying Provisions to any other of his Majesty's Colonies &
Plantations : And that the Masters or Owners of all Vessels taking in Provisions as afore-
said, shall enter into Bonds (with Two Sureties of known Residence in the Province, and
Ability to Answer the Penalty) with the chief Officers of the Customs of the Ports or
Places from whence such Ships or Vessel shall set Sail, to the value of One Thousand
Pounds if the Ship be of less Burthen tlian One Hundred Tons; and of the Sum of Two
Thousand Pounds if above that Burthen, That the Cargoes of such Ships or Vessels, the
Particulars of which shall be expressed in the Bonds^ shall not be landed in any other
Ports or Places than such as belong to his Majesty, or are in Possession of his Subjects;
and that they will within twelve months after the Date thereof, the Danger of the Seas
excepted, produce Certificates under the Hands & Seals of the principal Officers of the
Customs at such Ports or Places for which such Ships or Vessels cleared out. That the
said Cargoes, expressing the Particulars thereof, have actually been landed there : And
that no Person be admitted as Security for another, who have Bonds standing out undis-
charged, unless he be esteemed Rcsponsiljle for more than the Value of such i3onds.

I do therefore, in Obediance to said Order, and with Advice of his Majesty's Council,
issue this Proclamation, hereby requiring all Officers of the Customs whom it may con-
cern, as also all Masters & Owners of Ships or Vessels, strictly to conform to his Majestys
Royall Will & Pleasure, signified as aforesaid : Saving that all Shii)s or Vessels laiding
with Fish in Bulk for Europe (which appear not to be included in the Directions aforesaid)
and with Provisions of no other kind, be permitted to take in their Cargoes & depart as
usual, imtill further Order.

And in order the more fully to answer his Majesty's Intention of distressing the Enemy,
and to render his Orders herein the more effectual ; I do hereby give Notice, That in Obe-
diance to his Majesty's Command, I shall take especial Care, when there shall be cause to
suspect any Certificate to be false or counterfeit, that no such Bond or Security shall be
cancelled untill I have been informed from the said principal Officers of the Customs,
that the matter & contents of such Certificate are just & true : And that in case the Mas-
ters or Owners of such Sliips or Vessels shall produce the said Certificates within the Time
limited, such Bonds will be prosecuted to effect. And farther, That in case the Masters
or Owners of such Ships or Vessels cleared out from this Government, laden with Pro-
visions for any of his Majesty's other Colonies or Islands, shall be detected in causing
collusive Captures to be made of the Cargoes, that the severest penalties shall be inflicted
upon the Ofifcnders, which the Laws will in such Cases allow of.

Given at Boston, the Eleventh Day of January, 1757, in the Thirtieth Year of the Reign
of our Sovereign Lord George the Second, by the Grace of God, of Great Britain, France
& Ireland, King, Defender of the Faith &c.

By His Honours Command
A Oliver Secry. . S. Phips.

God Save the King." — Records of Civil Commissions; in Secretary's Office,
vol. 2, p. 318.

" A Proclamation Prohibiting all Ships or Vessels to depart out of this Province, untill
the tenth day of April next.

By the Honourable Spencer Phips Esq' Lieutenant Governour & Commander in Chief,
in and over his Majesty's Province of the Massachusetts Bay in New England.

A Proclamation

His Majesty's Service requiring the utmost Precaution in all our Measures at this im-
portant & critical Conjuncture; and it being necessary, in order to facilitate and render
more effectual the Operations of the ensuing Campain, that an Embargo should be laid on
all Ships & Vessels within the several Ports of this Piovince;

I have therefore thought tit, with the Advice of his Majesty's Council, to issue this
Proclamation, hereby strictly forbidding all Masters or Owners of any Ships or Vessels,
within the Province, to suffer any such Ships or Vessels to depart out of the same untill
the tenth Day of April next, unless this Prohibition or Embargo shall, before the Expira-
tion of said Time, be publickly declared void & of no further Effect.

And I do hereby require all "the Officers of his Majesty's Customs, & the Naval and Im-
post Officers, and their Deputies, to take especial Care that this Embargo be punctually

[Notes.] Province Laws.— 1756-57. 1071

observed & complied with : Strictly hereby forbidding them to give Certificates or Clear-
ances for any Ships or Vessels whatsoever, within their respective Districts, to depart to
anj' Port without the Province during the Continuance of this Prohibition or Embargo.

And all his Majesty's good Subjects who shall or raa}' discover any Ship or Vessel
privately or clandestinely loading within the Province, or departing out of the same,
against the purport of this Proclamation & contrary to Law, are hereby requested to give
immediate Information thereof to the Officers of his Majesty's Customs, that all Persons
offending may lie dealt with according to Law & the Nature of the Offence. '

Given at the Council-Chamber in Boston the Ninth Day of March, 17'i7, in the Thirtieth
Year of the Reign of our Sover" Lord George the Second, by the Grace of God of Great
Britain, France & Ireland King Def"" of the Faith &c.

By his Honours Command
And*» Oliver Secry. S. Phips.

God save the King"— Ibid., p. 320.

Chap. 16. " June 26, 1755. In Council ; Whereas the holding His Majesty's Superiour
Court of Judicature Court of Assize, and General Goal delivery, at Taunton within & for
the County of Bristol, on the second Tuesday of July next, wliich is the Time appointed
by Law for holding the same would he Inconvenient by Reason of a late Order of this
Court, for holding the said Superiour Court &c=' at Ipswich within & for the County of
Essex on the first Tuesday of tiic same Month, Therefore,

Ordered that the said Superiour Court of Judicature Scc"^ which was by Law to have
been holden at Taunton, within and for the County of Bristol on the second Tuesday of
July next, shall be held there on the fifth Tuesday being the twenty ninth day of the
said Month, and all Writs, and other Processes already issued and returnable to said
Court at Taunton the second Tuesday, shall l)c returned on the said fiftli Tuesday, and
all matters whatsoever, continued or any Ways depending in said Court there, shall con-
tinue & be proceeded on by the Justices of the said Court, on the fifth Tuesday afore-
said, and all OfHcei'S & other Persons concerned ai-e required to conform themselves
accordingly.— In the House of Representees Read & Concur'd;^— Consented to by the
Governour." — Council Records, vol. XX., p. 5Q7.

Chap. 19. " June 4, 1757. A Petition of Joseph Jackson of Boston Setting forth

That in the month of December last He imported into this Province a Cask of Bever from
Great Britain for which the Collector of Impost demands of him four pence for every
twenty shillings value as the duty thereof by virtue of an Act of this Government intituled
an Act for granting unto his Majesty several Rates & duties of Impost and Tunnagc of
Shipping. And further Setting forth That Although said Beaver was not the product of
Great Britain, & so exempted f^i-om said duty ; j-et as it was the Product of America &
reimported, he prays an Order of this Court to exempt him from paying the Duties on the
aforesaid Cask of Beaver.

In the House of Representatives Read & Ordered That the Prayer of this Petition be

granted, & That the duty mentioned in the Petition be and hereby is remitted to the Peti-
tioner, & the Impost Officer hereby is required not to demand the same. In Council

Read & Concurred. Consented to by a Major Part of the Council." — Council Records,
vol. XXIL, p. 28.

Chap. 21. "Februa 8, 1757. In the House of Representatives; Voted that Jeremy
Gridlcy & Samuel White Esq's ^^-ith such as the Honourable Board shall join be a Com-
mittee to Farm out the Duties of Excise on Spirituous Liquors in the County of Suffolk
for the ensuing Year. In Council; Read and Concurred & John Erving is joined in the
Affair Consented to by the Lieutenant Governour." — Council Records, vol. XXI., p. 370.

On the same day the following persons were chosen committees to farm out the excise
for the respective counties hereafter named ; viz., —

John Tasker, Esq., and Mr. Daniel Staniford, on the part of the House, and Benjamin
Lj'nde, Esq., on the part of the Council, for the county of Essex; —

Mr. Henry Prentice and James Russell, Esq., on the part of the House, and William
Brattle, Esq., on the part of the Council, for the county of Middlesex; —

Israel Williams and Joseph Ilawley, Esqs., on the part of the House, and Eleazer
Porter, Esq., on the part of the Council, for the county of Hampshire ; —

Timothy Paine and William Richardson, Esqs., on the part of tlie House, and John
Chandler, Esq., on the part of the Council, for the county of Worcester ; —

Thomas Foster and Gamaliel Bradford, Esqs., on the part of the House, and John
Gushing, Esq , on the part (Tf the Council, f^or the county of Plymouth ; —

James Otis and Rowland Cotton, Esqs., on the part of the House, and S3'lvanus Bourn,
Esq., on the part of the Council, for the county of Barnstable; —

Samuel White, Esq., and Mr. Thomas Maxey, on the part of the House, and George
Leonard, Esq., on the part of the Council, for the county of Bristol ; —

John Bradbury, Esq., and Mr. Benjamin Chadburn, on the part of the House, and
Richard Cutt, Esq., on the part of the Council, for the county of York; —

John Norton, Esq., and Mr. Gershom Cathcart, on the part of the House, and Zaccheus
Mayhew, Esq., on the part of the Council, for the county of Dukes county ; —

Abishai Folgcr and Jonathan Coffin, Esqs., on the part of the House, and Josiah Coffin,
on the part of the Council, for the county of Nantucket. — Ibid.

" Febru'» 25, 1757. A Petition of John Norton of Dulles County praying an Allowance
of the Charges and Expences of sundry Committees in Farming the Excise in said County
for Four Years past, amounting as by an Account exhibited to Seven Pounds Sixteen
Shillings.

In the House of Representatives ; Read & Ordered that the Sum of Seven Pounds Six-
teen Shillings be allowed to be paid out of the Publick Treasury in-full of the within

1072 PiiOviNCE LiAWs. — 17D6-57. [Xotes.]

Account of the Charges of sundry Committees on Sale of the Duties of Excise in said
County as mentioned, and tliat the said Sum lie paid to John Norton Esq'- for the several

Persons concerned In Council ; Read £c Concurred Consented to Ijy the Lieu'

Governour " — Ibid.,}}. 409.

" April 7, 1757. The Committee appointed the 8"' Fchruarv last to Farm out the Excise
on Spirituous Liquors in the County of Middlesex rnado Report of their Uoin.'xs therein
having sold the same to William Storey of Boston for Nine Hundred & Three rounds, and
presented their Account of Expence amounting to Two Pounds four Shillings for which
they prayed Allowance.

In the House of Representatives; Ptcad & Accepted & Ordered that there he allowed
and paid out of the Publick Treasury to the said Committee the Sum of Two Pounds four

Shillings in discharge of their Account of time & Expences exhilMtcd In Council ; Read

& Concurr'd Consented to by a Major Part of the Council "—Ibid., p. 431.

The above report from the committee appointed to farnr out the excise for Middlesex
county, was followed by reports from the committees for the other counties, and the dates
of these reports, together with the names of farmers of excise appointed by them, respect-
ively, are as follows : —

April 7, 1757. Suffolk county; to Mr. "William Coffin, for £S01S.— Ibid.

April 22, 1757. Nantucket coanty.— Ibid., p. 489.

May 28, 1757. Worcester cOunty; to Capt. Edward Harrington, for £oS9.— Ibid., vol.
XXII., p. 9.

May 28, 1757. York county; to Capt. Ichabod Goodwin, for £210. Gs.—Ibid.

May 28, 1757. Bristol county ; to Capt. Thomas Cobl), for £183.— Ibid., p. 10.

May 28, 1757. Plymouth county ; to James Warren, Jr., Esq., for £145. 6*. Sd.—Ibid.

August 20, 1757. Essex county ; .to Mr. Jacob Ashton, for £1637. 6.s. M—Ibid., p. 81.

August 23, 1757. Barnstable county; to Mr. Nathanael Little, for £166. 13*. Ad.— Ibid.,
p. 84.

August 24, 1757. Dukes county ; to Capt. Samuel Cobb, for £19. 6.?. 8d."—Ibid., p. 86.

" April 12, 1757. In the House of Representatives ; Whereas in the Act intituled an
Act for granting unto his Mnjesty an Excise ujion Spirits distilled & Wine, and upon
Limes, Lemmons & Oranges (which Commenced March 26. 1756) It is among other things

Enacted That to every Person Licensed by the Sessions, and to every Person having

Permit as aforesaid the said Farmer or his Deputy (when said Persons shall account with
them) shall give Two Receipts under their hands for what each of them respectively have
received either as Duty or as Forfeiture, or in any other way, and said Receipts shall
express the true and just Sums received, and the Consideration for which it was received,
and one of the said Receipts shall be Lodged within one Month after the Date thereof by
each Person respectively to whom said Receipts shall be given with the Clerk of the Ses-
sions for the County wherein such Person lives on Penalty of Forty Shillings, and of being
incapable of renewing his or her Licence or Permit for the future, and the Clerk aforesaid
shall transmit a true & fair Copy of the Receipts that shall be Lodged with him to the
Secretary of the Province who shall lay the same before this Court Sc'^-^

And it being represented- to this Court that the time limited in the aforesaid Paragraph
for the Lodging the said Receipts in the Office of the Clerk of the Sessions of the Peace
within one Month from the Expiration of said Act (which was the 26"> of March last) will
be impracticable. Therefore Resolved that the several Persons oliliged in the Act to Lodge
such Receipts at that time shall be allowed till the 26"> of May next to Lodge such

Receipts, the time in said Paragraph mentioned notwithstanding And that this Resolve

be inserted in the Publiek Prints. In Council ; Read & Concurr'd Consented to by

a Major Part of the Council "—Ibid., vol. XXL, p. 452.

" January 11, 1758. A Memorial of Capt^ Jonas Fitch Setting forth that the Exci.se

Master for the County of York has demanded of him the duties of Excise upon the Rum
by him delivered as Sub-commissary to the Soldiers of his Company and those of Capt"
Israel Herrick's Company in the Pay of the Province. And praying direction

In the House of Representatives Read and Voted That it ajipearsto this Court That the
Farmer of the Duties of Excise on spirituous Liquors for the County of York is not intitlcd
by Law to the said duty on the Rum delivered to the Soldiers by the Memorialist as Suli-
Commissary, And that the Memorialist be and hereby is directed to conform himself
accordingly. In Council. Read and Nonconcurred." — ibid., vol. XXII., p. 206.

Chap. 22. " Gentlemen of the Council & House of Representatives, The Forces which
were raised in the Pay of the Government for the Service of the late Expedition being
returned home, and many of them no doul)t being in necessitous Circumstances, the first
thing which I have to recommend to your Consideration in the present Session is a method
of providing for a Speedy Payment of their Wages. .

The Gentlemen sent by the Court to wait on his Excellency the Earl of Loudoun at
Albany and to Sollicit his Lordship to Advance a Sum of Money for the Service of the
Province are returned, and have made Report to me that although his Lordship treated
them with great Condescension and Goodness, and as they wcre'weli assured was zeal-
ously disposed to promote the Interests of the Colonies, yet he gave them no Encourage-
ment to expect the Advance of any Monies : but on the contrary was pleased to acquaint
them that the Support of the Regular Forces would call for all the Publick Money that
was then in the Treasury, and that his Compliance with the desire of the Provinces must
thei-efore greatly Prejudice his Majcstys Service.

There seems to be no way left in the present Emergency, but to make use of your Credit
to the utmost in order to obtain such Supply as is requisite, and humbly to rely on his
Majcstys Favour to the Province, the Measures for obtaining whereof gone into by the
(Council in the Recess of the Court I shall order to be communicated to you.

I must therefore recommend to you Gentlemen of the House of Representatives the
immediate Consideration of this Aifair, and must desire that you would let no other
Business hinder you from complcating it, lest a Failure in your Engagements now should

[Notes.] Province Laws. — 1756-57. 1073

destroy that Confidence which is necessary in Order to Encourage our People to further
Service

The other Charges of Government must likewise in proper time be provided for in the
best manner you can in Order to which the State of the Treasury, and an Estimate of the
Sums necessary to be Supplyed shall be laid before you.

It has been much for the Honour of the Government that the several Assemblies since
the Change of the Currency have been carefull to preserve the Publick Credit, & I have
no reason to doubt of your being as well disposed as any of them." — Extract from the
Governor's speech to both houses, Jatmary 6, 1757. — Council Records, vol. XXI., p. 315.

" January 8, 1757. The Commissioners appointed to wait on the Right Honourable the
Earl of Loudoun at Albany made the following Report — viz*

To the Honourable Spencer Phips Esq' Lieutenant Governour & Commander in Chief,
the HoniJie the Council, & House of Representatives— The Report of the Commissioners
appointed by the Court to wait on the Right Honourable the Earl of Loudoun at Al-
bany.

Pursuant to Instructions received from his Honour "We proceeded to Albany, and after
having made the Compliments of the General Court to his Lordship We delivered the
Copy of our Commission, and had repeated Conferences with him upon the Principal
Business we were instructed upon, and represented the Inability of the Province to answer
the present demand of Money for the Pay of the Forces returned from the Expedition in
as strong a Light as it was in our Power to do —

His Lordship treated Us with great goodness, and at the same time with Plainess and
Freedom, and was pleased to acquaint Us that being without any Instruction upon this
Point, & the Circumstances of the Regular Forces requiring what Money M'as then in the
Treasury it was not in his Power to make any Advance to Us, but his Lordship assui'ed
Us that he would recommend the Case of the Province in his Publick Letters and he was
pleased to give Us his Advice, as to the Form of the Accounts & the Method of Applica-
tion, and We are well assured that his Lordship is well disposed to promote the Interest of
the Province Having received this Answer from his Lordship We returned home with-
out any delay, the Small Pox being in Albany prevented Sir William Pepperells going
into the City — In Council ; Read & Accepted.

In the House of Represen^«» Read & Concur'd Consented to by the Lieutenant

Governour." — Ibid., p. 320.

Chap. 23. " Janu* 18, 1757. The Secretary delivered the following Message from the
Lieutenant Governour to both Houses.

Gentlemen of the Council & House of Representatives,

I have received a Letter from his Excellency the Right Honbie the Earl of Loudoun in-
forming me of his being now on his way to Boston.

As his Lordship expects that some Persons should be impowered by the Government to
act in Concert with Commissioners from some of the Neighbouring Governments upon
such Proposals as he shall be pleased to lay before them, I recommend it to you, Gentle-
men, to make Choice of some suitable Persons without delay, who may be impowered to
appear & Act in behalf of this Government at the Conferences which may be held by the

Commissioners in Consequence of his Lordships Proposals. S. Phips." — Council

Records, vol. XXL, p. 340.

" January 19, 1757. In the House of Representatives; Voted that there be five Com-
missioners chosen on the Part of this Government to Confer with the Right Honourable
the Earl of Loudoun the Governours of the Neighbouring Colonies and such Coinis-
sioners as may be appointed by their respective Governments on such Matters as his Lord-
ship shall think proper to lay before them ; and that M"" Speaker Col" Otis, & M'' Welles
with such as the Honourable Board shall appoint be the Commissioners for that Purpose,

& that they report thereon from time to time In Council; Read & Concur'd; and

Thomas Hutchinson & William Brattle Esq''*' are joined in the Aflfiiir." — Ibid., p. 341.

" Janua 21, 1757. In Council Voted that Thomas Hutchinson & William Brattle Esq"
with such as shall be joined by the Honourable House be a Committee to receive any Pro-
posals which the Right Hon'^'" the Earl of Loudoun maj' judire proper to lay before them,
and to Confer iipon such Proposals with Commissioners or Committees appointed by the

Neighbouring Governments for the like Purpose The said Committee to report from

time to time as there shall be occasion.

In the House of Representatives; Read & Concurr'd & M"" Speaker Col« Otis & M^

Welles are joined in the Affair. Consented to by the Lieutenant Goyemouv."— Ibid.,

p. 345.

" February 1, 1757. Thomas Hutchinson Esq"^ from the Committee appointed to Con-
fer upon the' Earl of Loudouns Proposals made the following Report

The Committee appointed to receive the Proposals of the Right Hon''i« the Earl of
Loudoun and to Confer with the Commissioners of the other Governments and from time
to time to make i-eport have so far attended the Service as to receive in conjunction with
the other Governments Commissioners his Lordships Proposals to present certain Queries
to his Lordship and to receive the Answers all which arc herewith Humbly offered.

The Committee likewise Proceeded to Confer with the Commissioners from the other
Governments and the said Commissioners for their respective Constituents have given
their Voices that a Compliance with his Lordships Proposals is expedient and necessary.—

The Commissions from Connecticut & Rhode Island contained ample Powers from the
Two Governments ; that from New Hampshire was given by the Governour of the Prov-
ince and not founded upon any Act of the Legislature— Your Committee did not appre-
hend themselves authorized to give their Voice to this general Question, but thought it
their Duty to make this Report and to pray the further directions of the Honourable
Court. Thom.\8 Hutchinson ^ Order."

— I6id.,p. 360.

135

1074 Proyince Laws. — 1756-57. [Notes.]

" February 2, 1757. In the House of Representatives ; Voted that the Committee ap-
pointed hy tliis Court to receive any Proposals which the Right Honourable the Earl of
Loudoun should judge Proper to lay before them, and to Confer with Commissioners from
the Neighbouring Governments thereon be and hereljy are fully Authorized & impowered
to agree on the Part of this Government to his Lordsliips Requisition of Four Thousand
Men so far as to Engage that this Government will raise their Proportion of the said Four
Thousand Men to be employed in his Majestys Service in North America, subject to his
Lordships Command under Officers Inhabitants of this Province, the said Men to be paid

by this Government, and not to be held more than One Year from this time. And the

said Committee are hereby further impowered to Adjust and determine with said Com-
missioners this Governments Proportion of said Four Thousand Men. In Council;

Read & Concurr'd — Consented to by the Lieutenant Governour." — Ibid., p. 361.

" February 4, 1757. The Committee appointed to receive the Proposals of the Right
Honourable the Earl of Loudoun &• '> reported further as follows — viz* —

The said Committee after divers Conferences with the Commissioners of the other Gov-
ernments upon a just proportion of each Government to Four Thousand Men have not
been able to Settle this Proportion so as to Compleat the Number among the whole and
therefore the Committee determined to make a separate Answer to his Lordships Propos-
als which they have done this day in the following AVords.

To His Excellency the Earl of Loudoun, General and Commander in Chief of all his
Majestys Forces in North America &e &e.

The Commissioners on the Part of the Massachusetts Bay having spent much time with-
out the desired Effect in Conference with the Commissioners from the other Governments
of New England in order to Settle the Proportion of each Government to Four thousand
Men are obliged to make this their Separate Answer to your Lordships Proposals, and by
virtue of a Special Act or Vote of the General Assembly an Attested Copy whereof is here-
with humbly presented to your Lordship the said Commissioners Do agree that not-
withstanding the said Province will have at least Eight Hundred Men in Pay for their
immediate Protection and Defence, besides Three Hundred Men which must be Employed
in Two Vessells of War, and if no regard be had to this Burthen 17o0 Men will be this
Provinces full proportion of 4000, yet that the aforesaid Number of 1750 Men shall be
raised by this Government on the Terms and Conditions of the aforesaid Vote of the gen-
eral Assembly And the Commissioners do this from a sense of the great Importance of

the proposed Service, and pray your Lordship that it may not be improved as a Precedent
in any future proportions.

Thomas Hutchinson
William Brattle
Thomas Hubbakd
James Otis

The Committee presented the aforesaid Answer to his Lordship who expressed his Con-
cern at the Governments Reporting separately and was pleased to refer the Committee
untill the Morning for his. Lordships Answei",

which is Humbly Submitted — Thos Hutchinson ^ Order

In Council ; Read & Sent do^vn." — Ibid., p. 364.

" February 7, 1757. The Committee appointed to receive Proposals from the Right
Honi^'« the Earl of Loudoun &<= Reported further as follows — viz*

The said Committee having laid before his Lordship their determination that 1750 Men
should ))e raised as this Pi-ovinces Proportion to Four Thousand Men, and the Commis-
sioners from the Government of Connecticut having determined to raise 1250 only, those of
Rhode Island 334, and New Hampshire but 220 it appeared that the whole Number Added
together fell several Hundreds short of the proposed 4000, whereupon his Lordship recom-
mended a further Consideration of the Affair to the Commissioners, but no Government
seemed inclined to increase their Number, — His Lordship was then pleased to recommend
to Connecticut the raising 1400 Men, to Rhode Island 450, and to New Hampshire 350,
and to the Massachusetts 1800. The Commissioners from the other Governments did not
absolutely agree to the respective Numl)ers, but engaged to recommend them to the sev-
eral Assemblies and did not doubt a Compliance your Committee likewise declined an

absolute Engagement, but informed his Lordship they would make a Report to the Court,
and were in hopes there would be no difiiculty on the part of this Province.

The several Commissioners proposed to his Lordship several Circumstances relative to
the raising the Men which he proposed to give his Answer to in Writing & when received
by j'our Committee shall be laid before the Honourable Court

which is Humbly Submitted Thomas Hutchinson by Order

In Council; Read & Sent down." — Ibid., p. 366.

" Febu« 8, 1757. In the House of Representatives ; Voted that the Committee appointed
to receive Proposals from the Right Honourable the Earl of Loudoun &= be directed to
Confer with his Lordship on the Subject Matter of the Message from the Honourable

Board to the House of this Forenoon and Report. In Council ; Read & Concurr'd

Consented to by the Lienten' Governour.

The Committee for receiving Proposals from Lord Loudoun &<= having received this Morn-
ing his Lordships determination on certain Points proposed to his Lordship referred to in
the Committees last Report, the same is herewith humbly presented.

Thomas Hutchinson ^ Order.

In Council ; Read and sent down with his Lordships Determination which is as follows—
viz*

To the Govemours and Commissioners of and from the several Governments of New
England ;

His Excellency the Earl of Londouns Opinion and determination upon several Points
proposed and conferred upon at his House the 5"i instant relative to the Four Thousand
Men agreed to be raised and employed under the Elings General & Commander in Chief in
the Pay of said Governments.

[Notes.] Province Laws. — 1756-57. 1075

The first thing you proposed to me Gentlemen, was the time when I thotight it would be
necessary the Men should be at the place of Rendezvous ; I think no time should be lost
before you begin the raising your Men, much will depend upon an early or backward
Spring — I should be glad that the whole Forces might be ready to be Mustered by the 25"»

of March at flirthest.

It is most agreeable to his INIajestys Directions to me, and to my o\vn Sentiments in the
present Situation of our Affau's, that the Forces should be raised in Companies of One '
Hundred Men each (including Four Commission Officers) or as near to that Number as
the whole that may be furnished by any particular Colony will admit Besides the Offi-
cers to each Company I desire there may bo one Officer to Command from each Colony who

may Convey such Orders as he shall receive from me to all the Troops of such Colony.

I deske particular Care may be taken that Ijoth Officers and Men may be such as are fit for
the Service ; and that none Init able Bodied Men and such as can bear the Fatigue of a

Campaign in this Country may be employed. Unless the Muster Masters are faithful

you will be in danger of having many insufficient Men sent out. I am afraid there was a
great remissness in this respect the last year, and I hope there will be no Cause of Com-
plaint for the future.

It is of great Importance that in each Colony an exact Knowledge should be had from
tune to time of thcu- Forces raised and actually INIarched, that the whole number engaged
may be Compleated, and any deficiency whether from desertion or any other cause may" be

made good. After you have given me Assurances of a certain Number of Men, and I

have Ordered my Plan & Measures with a dependance upon them it may be of extreme
bad Consequence to disappoint me in any degree.

I find that it will be a very agrcealjle thing to your People that Courts Martial for the
Trial of OlFences should be Constituted from among their own Officers ; and as I am will-
ing they should be gratified in everything that may Consist with his Maiestys Service I
intend that all Offences in any of the Provincial Troops, that are not of the most heinous
Natm-e shall be tried and determined l)y the Pi-ovincial Officers alone, and when any of the
grossest Crimes shall make it necessary for me to appoint some of the Officers of his
Slajestys Regular Forces I intend even then to join some of your Provincial Officers to be
assisting with them in trying & determining all such Cases.

As I am very desirous the Forces should be raised and Engaged in the Service as
soon as possible, I will allow at the Rate of Two Shillings Sterhug (^p* Week in Lieu of
Provisions to each Man from the time of theu- first Muster untill their Actual March or
receiving the Kings Provisions, and this Allowance I make for the Sake of Forwarding

this particular Service, and I do not intend it to serve as a Precedent for the future That

I may act with the greater Certainty with respect to this Allowance I expect that regular
Returns be sent to me of the time and Place & Number of Men as often as any Muster
shall be made." — Ibid., p. 367.

" February 15, 1757. The Committee appointed to receive the Proposals of the Right
Hono'^i" the Earl of Loudoun, and to Confer with the Commissioners from the other Gov-
ernments of New England made their final Report as follows viz'

The said Committee first Convened on Saturday the 29"' of January together with
Thomas Fitch Esq"" Governour & Jonathan Trumljall Phineas Lyman Eliphalct Dyre &
Elihu Hall Esq'^ Commissioners from the Colony of Connecticut Theodore Atkinson Esq'
Commissionated by the Governour of New Hampshire, and the following Commissioners

from the General Assembly of Rhode Island^ viz' Stephen Hopkins Esq'' Governour &

James Iloneyman & George Brown Esq" and having appointed William Brattle & Phineas
Lyman Esq''^ to aequaiift his Lordship that they were met agreeable to his Lordships Pro-
posals to the several Governments, he was pleased to desire that they would Attend him
at his House which they immediately did, and his Lordship made the following Speech,

and delivered a Copy thereof to Governour Fitch viz'

Boston Saturday 29''' January 1757.
Gentlemen

You must be very sensible that the Measures taken the last Year for the Preservation
of his Majesty? Dominions and Colonies upon this Continent and for the Annoyance of his
Majestys Enemies have proved ineffectual and instead of removing the French from any
of their Encroachments we have suffered them to make Considerable Advances upon
Us.

I will put you in Mind of some of the Proceedings to which I apprehend your Misfor-
tunes may be in a great Measure attributed

When i Left London which was the U"" of May the Ministry had received no Intelli-
gence of the determination of any of the Governments to prosecute an Expedition against
Ci'OATii Point, although this determination had been made by the Massachusetts the 16"' of
February. And I Cann©t account for this Neglect in those whose Duty it was to have
given the earliest Advice that might be. The want of this Advice rendered it impossible
for me to receive any Orders with immediate Relation to your Resolutions.

Upon my Arrival at Albany I found that your Forces fell very much short of the Num-
ber you had agreed to raise, and which you thought necessary for the Seiwice, and from
the best Information I Could get the Troops in general were not equal to those which you
had always employed on former Occasions; I Could not therefore think it adviseable
for them to proceed without the Assistance of Part of his Majestys Regular Troops.

I met witli unexpected Difficulties, and was much retarded in Sctling the Connection
between the Regulars and the Provincials, and before it could be. fully effected, and any
Proceeding had in Consequence of it, I received/ the News of the Surrender of the Forts &
Garrisons at Oswego, and all his Majestys Possessions upon the Lakes to the French.
The true State and Circumstances of these Forts & Garrisons were never represented to
me by my Predecessor.

I had good reason to think that the Enemy flush'd with Success would make'an Attack

uponthe Provincial Forces 1 immediately wrote tothe several Governoursand demanded

an Aid suitable to the State of their Affairs What Success I had you very well know

107G Province Laws. — 1756-57. [Notes.]

There was in some of you a Profession of Readiness to afford Assistance, and the

Shew and Appearance of it in the Votes of the Assembly but it turned out in fact
that the Attempts to caiTy those Votes into Execution were defeated and proved ineffect-
ual.

Sometime after I had applied to the several Governments for Aid it pleased God that the
Recruits from London & the High Lands arrived, and I was al)le to Collect a greater Num-
. ber of th6 Recruits raised for the Royal American Regiment than I had any hopes of being
able to Collect at that Season of the Year all which I immediately joined to the Regular
Troops, and as many of them as could be Spared I Marched for the Strengthning, & for
the Security of the Provincial Forces

I Have since received certain Intelligence that I was not mistaken in my Apprehensions
of the designs of the French, and that it was the Account which they received from their
Scouts & Spies of the Actual March of the Regulars the Number of which was reported to
be greater than it really was which diverted them from the Resolutions which they had

formed What the Event of such an Attack would have Ijeen God only knows 1 was

extreamly anxious about it, and I have the greatest reason to think that if it had been
made upon the Provincials alone it would have been followed with very fatal Conse-
quences.

Your Forces after this by Sickness or Desertion or both were daily diminished, the Sea-
son was so fiir advanced that I had no further thought of any Olfensive Measures against
the Enemy and I determined that as soon as they withdrew the Provincials should be dis-
missed, and that the Charge which the several Governments were at for their Pay should
Cease as soon as possible.

This has been the State & Progress of your Afiliirs the Year past I hope Gentlemen that
Tinder the Guidance & Blessing of Divine Providence the Plan of Operation for another
year will be better prosecuted.

I Have desired a Mee.ting of your several Governments by their Govern" & Commission-
ers at this time in Order to their determining what Number of Men they will raise
to be employed in Conjunction with his Majcstys Regular Forces the ensuing Year.

Considering the vast Expence of Supporting so large a Number of Troops as are em-
ployed by his Majesty for the Protection of his Colonies, the Burthen whereof you bear no
part in, you cannot think much of Contributing so small a proportion towards your own
defence as I now require of you, for could I be assured of Four thousand good & Effective
Men to be raised by the Four Governments of New England in such proportion as
you shall settle among yourselves I would not urge you to go beyond that Number.

I must recommend to you the giving better Encouragement to your Officers than you
have formerly done which may be an Inducement to Persons who shall be equal to their
Posts, and who will preserve Order & Discipline to engage in the Service and I think if
some Part of your Mens Pay were Converted into a Fund to assist in giving them neces-
sary Cloathing it would be of great Use.

The Particular Service in which I must Employ these Troops it is not in my Power to

Communicate to you 1 wait for Answers to my Letters gone to England before I can

fully determine upon it myself, but if you were to wait untill I receive them before you

proceed to raise the Men it would be too late to do it for the Service of this Year

Besides Gentlemen great Inconvenience must arise from making my design publick, and I
know of no Advantage which can accrue from it The Confining your Men to any par-
ticular Service appears to me to I)e a preposterous Measure Our Affliirs are not in such a
Situation as to make it reasonable for any Colony to be influenced by its particular inter-
est The Question is in what way & Manner the whole may be Secured and the Com

mon Enemy of all most effectually annoyed this is the Point I must keep in view and

no Consideration will prevail on me to depart from it

You may depend on my treating your Men with all that tenderaess and Indulgence
which M'ill Consist with necessary Order and Discipline and that I will employ them when-
ever there shall be room for it in such Services as shall be most suitable to their Genius,
and the way and Manner of Fighting to which they have been used, and that they shall be
discharged at f;irthest at the Expiration of the Term for which they are raised, and as
much sooner as the Service will admit, but to engage that I will employ them in this or
that particular Place only is what I Cannot do upon any Terms for I think it would be
more prejudicial to the Publick than the whole Benefit which We may expect from the
Provincials would Countervail.

I Do not thus express myself to you Gentlemen because I think it a matter of but little
Consequence, whether you Afford me Aid or not, no, I think it of such moment that you
would never be able to Atone for a Refusal — I hope therefore you will spend no time upon
this Point, but will without delay determine upon a Compliance with my Proposal to you
that so We may begin our Preparations this Year earlier than We have ever done before.

LouDorx.

The Commissioners having received the foregoing Speech went from Lord Loudouns
House to the Council Chamber in Boston, and after a short Conference they agreed to
meet on Monday the 31>*' at M^s Ballards Great Room in King Street which had been pi"o-
vided for that Purpose.

The Commissioners being met accordingly agreed upon the following Queries to be pre-
sented to his Lordship

To His Excellency the Eai'I of Loudoun General & Commander in Chief of all his
Majestys Forces in North America &c &c at Boston.

The Commissioners from the several Governments of New England Convened at Bos-
ton having received you Lordships Proposals for affording an Aid for the Service of the
ensuing Year beg leave before they enter into a general Consideration of the Proposals
humlDly to pray your Lordship to Signify your Intention mth regard to the following par- .
ticulars. —

I'*' They pray your Lordship to inform them what Proportion or particular Parts of the
Charge of the Provincial Forces your Lordship expects should be borne by the Colonies ?

[Notes.] Province Laws. — 1756-57. 1077

2<' The Commissioners being apprehensive that it will be a great discouragement to the
Inhabitants of the Northern Colonies from Inlisting unless Assurance canbe given that
they shall not March to the Southward of certain Limits, Therefore they, humblj'- pray
your Lordship to inform them whether it may Consist with the Publick Service that such
Assurances should be given, and if it may Consist what Limits your Lordship will ap-
prove of?

3<i The Commissioners humbly pray your Lordship to Signify for what Length of time
it will be necessary that the Men be raised ?

Signed at the desu-e of the Commissioners Thos Fitch.

January 31. 1757.

The Commissioners being met the 1^' February^received the following Answer from the
Earl of Loudoun.

To the Governours and Commissioners of & from the several Governments of New
England.

His Excellency the Earl of Loudouns Answer to their Queries of Yesterday. — -

Is' When I had the Honour to be appointed to the Command of the Troops in North
America the Plan for Supplying the necessary Expences of the War here was the same
as when Major General Braddock came out — Viz' That the Provinces should not only bear
the Expences of the Troops they raised for their own Defence, but should likewise Sup-
ply at their Expence the Regular Troops sent for their Protection with Provisions.

It was afterwards agreed that a Contractor should be appointed to Supply the regular
Troops with Provisions, and you will sec by the Secretary of States Letter that the Troops
raised by the several Provinces to Act in Conjunction with the regular Troops wei-e to be
provided likewise with Provisions. The Provincial Troops shall likewise be Provided

with Ammunition. The Artillery Stores will ])e provided by the King, and although I

expect you should pi'ovide Surgeons & Medicines for the ordinary Service of }'our Troops
I shall admit those into the Hospital whose Cases require it, & take the same Care of
them as of the other Troops, and I Do not think myself intituled to go further.

2'^ As I am very unwilling that by anything that passes between you and me the
Enemy should ever be informed that there was any part of his Majestys Dominions in
North America that they could Invade and be safe from meeting with the Combined
Forces of New England to drive them back, & Prescribe the Bounds they would permit

them to come to, therefore hope you will not insist on a direct Answer to the Queiy At

the same time I do assure you that I neither now have nor ever had the smallest Intention
of Marching the Troops raised by the New England Governments out of the Limits I
know they will willingly go to, and that you will approve of their being Led into.

3'! As to your Third Query I observe you have been formerly in the use of raising
your Troops for a Year, and that Period will now Answer the Purposes of the Service :
for although I see no reason to licleive I shall have occasion to detain them so long it will
not prevent ray sending them home as soon as the Service will permit, and if any unfore-
seen Accident should make it necessary for them to Continue longer in the Service it will
leave time for a fresh Application to the several Governments for that Purpose. '

Tuesday Morning 1^' February 1757. Loudoun.

After reading the foregoing and Conference had between the Commissioners, and those
on the Part of "Connecticutt New Hampshire & Rhode Island having determined to Com-
ply with his Lordships Proposals, and to raise each Governments Proportion of the 4000
Men the Massachusetts Committee made the following Report viz' as Entered the 1"

Whereupon the following Vote passed the Massachusetts Assembly Viz' as Entered

the 2^ of February instant.

Pursuant whereunto the Committee made divers Proposals to the Commissioners of the
other Governments as reported the 4'i> instant and made a Separate Answer to his Lord-
ship as is likewise entered on said day The Committee reported further as entered on

the 7"' On the 8"' his Lordship was pleased to Signify his Mind upon certain Points to

the Commissioners in Writing Viz' as Entered on said day.

The foregoing Account of the Proceedings of the Committee is humbly offered to the

Genei'al Court

Thomas Hutchinson

Boston 10"' February 1757 In the Name of the Committee

In Council ; Read and Ordered that this Report be accepted.

In the House of Repi-esentatives ; Read & Concurr'd " — Ibid., p. 379.

" Feln-u" 16. 1757. In the House of Representatives ; Voted that the following Estab-
lishment of Wages be made for Officers & Soldiers to be employed in his Majest}'s Service
under the comniand of the Plight Honourable the Earl of Loudoun Commander in Chief of
His jNIajestvs Forces in North America — viz'

For One Colonel £18 0 0 4f Month

For Two Lieutenant Colonels each 15 0 0 " ditto

For Two Majors each 12 0 0 " ditto

For Seventeen Captains each 8 0 0" ditto

For Seventeen First ) t jp^tents parh 5 0 0" ditto

Seventeen Second S •^'^^^'^ ^^^'^ o u u ditto

For Seventeen Ensigns . . each 3 10 0 " ditto

For Two Chaplains . . . each 6 8 0" ditto

For Two Surgeons . . . each 10 0 0 " ditto

For Two Surgeons Mates . . each 5 6 8" ditto

For each Sergeant 231 ditto

For each Corporal 1 18 7 ditto

For each Drummer 1 18 7 ditto

For each Private Soldier 1 16 0 ditto

For a Commissary 800 ditto

In Council ; Read & Concurr'd

Consented to by the Lieuten' GoTern' " — Ibid., p. 384.

1078 Province Laws.— 1756-57. [Notes.]

" Febra" 1757. In the House of Representatives; Voted that the Bounty Money for
Inlisting Men into his Majestys Service shall be paid by the Treasurer to the Colonels or
Chief Commanding Officei's of each Regiment within this Province according to tlie Num-
ber of Men thai shall be assigned them respectively to raise, at Six Dollars for each Man
to be by them paid to such Persons as shall Inlist into said Service on or before the
Twenty first day of March next, and pass Muster for effective by the Commissaries of the
Musters that shall be appointed by his Honour the Lieutenant Gov^ for that purpose, the
said Colonel or Chief Officer to Cause to be Lodged in the Secretarys Office an Account
of the Disposition of such Moneys by them respectively received and to Pay the Bal-
lances that may remain into the Province Treasury within One Month after the 22^ of
March next. In Council ; Read & Concarr'd

Consented to by the Lieutenant Governour." — Ibid., p. 386.

" Februa 19, 1757. The Secretary delivered the following Message jfrom his Honour the
Lieut Governour to l)oth Houses viz'

Gentlemen of the Council & House of Representatives.

I Do not find that you have made any Provision for Arming the Eighteen Hundred Men

proposed to be raised for the Service of the Current Year You cannot but remember that

by a Letter from M^ Secretary Fox dated the 13"' of March last, his Majestys Pleasure
was Signified for this Governments Arming as well as raising a Number of Troops to Act

in Conjunction with his Majestys Forces. His Excellency the Earl of Loudoun in the

Proposals he has laid before you for raising Men for the Service of this Year goes upon
the Plan of this Letter and expressly refers to it; and it appears very evident that his
Lordship expects you to supiily the Arms, as they are not included in the Articles which he
has engaged to furnish the Troops withal at the Charge of the Crown.

I must therefore recommend it to j^ou G<;ntlcmen to make full Provision for Arming
your Troops that no Disappointment or hindrance may arise for want of such Provision.
And I recommend it to you likewise to come into such Resolutions as may be effectual to

bring in such Anns when the Service is over. There has been a very great Failure in

this Ptcspect the Year past, and I cannot but think if the arms were Estimated at some-
thing more than the Value, and the Men made accountable therefor they would be more
Carefull to return them.

S. Phips.
Council Chamber
February 18'^ 1757
« In the House of Representatives ; Ordered that Colonel Williams Colonel Cotton & M'

Thomas with such as the Honoural)le Board shall join be a Committee to take under con-
sideration his Honours Message dated the 18'i> instant relating to Supplying the Forces of
the Province agreed to be raised for his Majestys Service with Arms, and Report what they
judge proper for this Court to do thereon. In Council ; Read & Concurr'd ; and Thomas
Hutchinson & William Brattle Esq''s are joined in the affak." — Ibid., p. 395.

'• Febru" 21, 1757. May it Please your Honour,

The Council and House of Representatives are sensible that it is of very great Impor-
tance that the Forces to be raised for the Service of the ensuing Year should be provided
with good Arms. It had formerly been the Practice of the Government to require the
Soldiers to furnish themselves with Arms, as far as they were capable of doing it, but this
method was found inconvenient, and many times the Arms proved unfit for Service ; and
the Last Year Two Thousand of the Arms which had been sent over by his Majestys
Orders were delivered for the Service of the Expedition to that Part of the Army which
was raised by this Province, and the rest of our Men Avere furnished with such Arms as
had been purchased hy this Government Principally with a view to make up the Deficiency

of Arms at Castle William We wish that more effectual Provision had been made at the

beginning of the Expedition to oblige the Soldiers to return their Arms We have in the
present Session passed such Votes & Orders as appeared to Us the most likely to answer
this Purpose, and we douljt not that by far the greatest part will be returned.

We can conceive no way of furnishing Arms for the present Service but by obliging the
Men to bring such as they have, or by Impressing others from among the Inhabitants,
many of which We have reason to fear will upon a Survey be deemed insufficient or else
by inaking Application to his Majestys General that the Kings Arms which were made use
of the Last Year may again be allowed for the Service of the present Year If there
should not be a sufficient number of them returned for this Purpose what shall be wanting
which we hope will not be many may be supplied from the Governments Arms.

We are sensible that we have no right to demand the Kings Arms and that they are at
the Disposal of his Majestys General^ but We have no doubt that when a Representation is
made that if all the Arms belonging to the Government and fit for Service should be
delivered to the Soldiers there would still be a deficiency, that Castle William would be left
in a manner destitute, and that it is not possible to purchase within the Province suitable

Arms, his Lordship will allow the Arms which were used last Year to be again delivered

But if after considering these Ch-cumstances it shall appear to his Lordshi]5 to be necessarj--
that the Kings Arms should be used in some other Service the Forces raised by this Prov-
ince must bring the best that they have, and We think that untill his Lordships Pleasure
be known, such Men as Inlist should be informed that it is expected that they furnish them-
selves with Arms, unless Orders shall hereafter be given to the Contrary.

As the appointment of the Officers of these forces is with your Honour, such Security
may be required from the Commander of each Company as shall oblige him to return any
Arms that may be delivered for the use of the Men that are under him, and such Officer
may take Receipts from the Men to be accountable on Penalty of a reasonable Deduction

from their Wages, or other Satisfaction in case of Failure as shall be judged necessary.

In Council; Read and Accepted and Ordered that Andrew Oliver Esq'' with such as the
Honourable House shall appoint be a Committee to present the same to his Honour the

Lieutenant Governour Accordingly In the House of Represent^ "^^ Read & Concurr'd &

Col" Cotton & Judge Russell are joined in the Affair."— li/d., p. 397.

[Notes.] Pr.oviNCE LxVavs.— 1756-57. 1079

" February 23, 1757. In the House of Representatives ; Voted that the following Mes-
sage be sent to His Honour the Lieutenant Governour. viz'

The House considering that your Honour is now about to Issue your Orders to the Colo-
nels of the several Regiments of Militia within the Province for the Levying their respect-
ive Proportions of the Eighteen Hundred Men agreed to be raised by this Government
for his Majest.ys Service under the Right Honourable the Earl of Loudoun and apprehend-
ing that from the -Nature of the thing and from past unhappy Experience there is great
reason to fear a deficiency in the Numl)er raised for that Service unless some more effectual
Provision he made for speedy Collecting the Men inlisted and impressed than hath been
made heretofore. And as Provision is made by the Assembly for the Subsistence of the
Men from their first entering on the Service.

The House therefore earnestly desire your Honour that in the Warrants to the Colonels
for raising the said Men your Honour would be pleased to give them particular Orders to
Collect together all the Men raised in their respective Regiments in some proper place
within the same on or before the Thirty first day of March next in order to their being
Mustered, and that they order the Men so Collected & Mustered to continue there ready to
yield a punctual Obedience to your Honours further Orders.

The foregoing Message was accordingly delivered to his Honour the Lieutenant Gov-
ernour in Council by a Conrmittee of the House of Representatives " — Ibid., 2}- 406.

" Februa 24, 1757. In the House of Representatives Voted that his Honour the Lieuten'
Governour be desired to give Orders to the Person he shall think projier to employ to
repair to Albany to take Care of the Arms & Stores belonging to the Province : that he
immediately Collect from the several Stores Forts & Officers hands, alt the Kings Arms &
Accoutrements that were left at Albany & Parts adjacent by the Forces raiseil by this Gov-
ernment the last Year on the Expedition against Crown Point & Ship them directly for
Boston, unless his Excellency the Earl of Loudoun or some of his principal Officersgive
Orders to the contrary : and in that case that he see that a proper Certificate be taken and
returned in order to Discharge the Commissary Generals Obligations (in behalf of this
Government) to the Kings Store Keeper for the Arms & Accoutrements aforesaid In
Council ; Read & Concurr'd

Consented to by the Lieuten* Governour." — Ihid., p. 408.

" A Proclamation for the Encouragement of Persons to inlistinto his Majesty's Service.

By the Honourable Spencer Phips Esq"" Lieutenant Governour & Commander in Chief,
in & over his Majesty's Province of the Massachusetts Bay in New England.

A Proclamation

For the Encouragement of Persons to inlist into his Majesty's Service in the Expedition
under the Command of his Excellency the Right Honourable the Earl of Loudoun for
the Defence of his Majesty's Colonies, and for the Annoyanc of his Majesty's Enemies
in North America; the folloing Encouragement is given, & Bounties voted, by the Great
& General Court or Assembly of this Province in their present Sessions : Viz.

To every Person who shall inlist into said Service on or before the 21*' day of March
next, over and above his Wages, which are one Pound sixteen Shillings per Month ; a
Blanket, Coat & Soldier's Hat, and Six Dollars ; which Money is to be paid him upon his
passing Muster, and his Poll to be freed from the Province-Tax for the Year 1757.
And as a further Encouragement

To such as have been upon either of the Crown Point Expeditions, the Expedit'i^ at
Nova-Scotia, or Kennebeck, in the Year 1754. and to such as have been in the Battcau-
Service, or have served as Pioneers, or in the independant ranging Companies under Cap-
tain Rogers, or that have been employed by this Govei-nmentln Defence of the Frontiers
of the Province within three Years last past, over & above the Bounty & Encouragement
aforesaid, they shall be severally intitled upon their Inlistment as aforesaid, to foiir Dol-
lars, to be paid them by their respective Colonels upon their passing muster : And that no
Person' shall be detained in said Service a Term exceeding twelve Months from tlie
second Day of February Instant. And

That there be allowed to each P^-son who shall inlist as aforesaid for Subsistance
Three Shillings per week from his pasting Muster, untill he shall receive the Kings Allow-
ance, over & above what his Lordship has been pleased to allow, which is two Shilling
Sterling to each Man.

■ Given at Boston, the Twenty fifth Day of February 1757. In the Thirtieth Year of the
Reign of our Sovereign Lord George the Second, by the Grace of God of Great Britain,
France & Ireland, King, Defender of the Faith &c.

By his Honours Command. S. Pmps

And^^ Oliver Secry

God save the King." — Records of Civil Commissions ; in Secretary's
Office, vol. 1, p. 319.

" April 2 ', 1757. In the House of Representatives ; Ordered that the Committee of War
be directed to furnish the Forces i-aised for the present Expedition with necessary Arms &
Bayonets ; and that they compleat Tents for Eighteen Hundred Men as soon as may be.
.—In Council ; Read & Concurr'd " — Ibid., p. 423.

" April 11, 1757. In the House of Representatives ; Ordered that the several Gentlemen
who were directed to receive and Transmit to the Commissary General the Arms belonging
to this Province in their respective Counties by an Order passed this Court the 27"' of
January last, be also directed to prosecute all Persons within said Limits, that they may
come to the knowledge of who are still possessed of any of said Arms or of those belong-
ing to liis Majesty, and to take Care that the Law passed in the 27"' Yonr of His present
Majestys Reign intituled an Act for Levying Soldiers &<^ so far as it respects the purchasing
or Selling of Soldiers Arms be put in Execution In Council ; Read & Concurr'd

Consented to by a Major Part of the Council." — Ibid., p. 448.

"April 16, 1757. In the House of Representatives; Voted that the Officers & Soldiers
raised for the present Expedition be allowed and paid out of the Publick Treasury Five

1080 Province Laws. — 1756-57.. [Notes.]

Shillings and Eight Pence ^ Week for their Billeting including the Allowance made them
by Lord Loudoun ; said Officers allowance to be from the 2a*h March Last, untill they
receive the Kings Allowance; and that of the Soldiers from the time of their being Mus-
tered till they receive said Allowance. In Council; Read & Concurr'd

Consented to by a Major Part of the Council" — Ibid., p. 464.

" April 18, 17o7. In the Ilonse of Representatives; Voted that the following Message
be sent to the Honourable Board viz'

May it Please Your Honours

The House beg leave to express their Concern that notwithstanding they have made an
Establishment for Wages for One Colonel, Two Lieutenant Colonels, and Two Majors to
Command the 1800 Men raised by this Province to be under the General Command of his
Excellency the Right Honourable the Earl of Londoun, yet his Honor the late Lieutenant

Governour has Commissioned only one Genei-al Officer to Command said Troops. The

House apprehend that from the nature of the Service, and the common dangers of War, the
Life of that Officer is so precarious that it will be very inconvenient to have the Command
solely in any one Gentleman without any Provision of some proper Person to Succeed
him in that important Trust in Case of his Decease.

They would therefore humbly propose to the Consideration of the Hono'^i" his Majestys
Council whether it might not be adviseable to make some further provision on this head,
and that if they please. One Lieutenant Colonel & one Major may be appointed under

the General Officer already in Commission

T. Hubbard S])eaky."—lbid., p. 469.

" April 19, 1757. In the House of Representatives ; Ordered that the Committee of War
be directed to procure and put into the hands of the Commissary of the Forces of this
Province raised for his Majestys Service under the command of his Excellency the Earl of
Loudoun such Articles as they shall apprehend will be for the Service and Comfort of the
Soldiers and are not provided for by the Crown Point.* In Council; Read & Concurred

Consented to by a Major Part of the Council." — Ibid., p. 476.

" April 20, 1757. In the House of Representatives ; Ordered that the following Estab-
lishment be made for the Officers hereafter mentioned of the Forces raised for his Majestys
Service under the Command of the Earl of Loudoun — viz'

That there he allowed to a Surgeon General £14 — <^ Month.

To Three Surgeons Mates each 5 11"

To the first Officer over the said Forces 18 0 "

To a Secretary to said officer who is to be Commissary of the Musters )

for the Arniy S 8 0 "

In Council ; Read & Concurred.

Consented to by a Major Part of the Council." — Ibid., p. 483.

" April 22, 1757. In the House of Representatives ; Whereas a Soldiers Allowance in the
Kings Service is 4"> of Pork or 7"^ of Beef 7"' Bread 3 Pints of Peas I'l" of Flour or
equivalent in Rice and 7 Jills of Molasses onlj'

Therefore Voted, that for the more comfortable Subsistence of the Forces raised by this
Province for the present Campaign the Committee of War be directed to provide and put
into the hands of the Commissary for said Forces a suitable Quantity of Cloaths, Choco-
late, Sugar, Tobacco, Soap, & Ginger In Council ; April 22^1. Read & Noncurred." —

Ibid., j9. 493.

" April 22, 1757. A Memorial of the Officers now in the Service of this Province for the
intended Expedition to servo under the Right Honourable the Earl of Loudoun Setting
forth that they have been at great Expenco in Cloathing themselves and in Collecting the
Troops &'^'' and praying that they may be allowed such Pay as will enable them to act with
Credit and in Character as becomes the Officers of the Province

In the House of Representatives ; Ordered that the Prayer of this Memorial be so far
granted as that the Province Treasurer be & hcrel^y is directed to Advance one Months
Wages to each of the Comniission Officers going with the Forces raised by this Province to
serve under the Right Hono'^'^ the Earl of Loudoun. In Council ; Read & Concurred.

Consented to by a Major Part of the Council." — IMd., p. 494.

" April 25, 1757- In Council; Whereas this Courtftiave directed the Committee of War
to furnish the Commissary of the Forces of this Province under the Command of the Earl
of Loudoun with such Articles as they shall apprehend will be for the Service and Comfort

of the Soldiers Ordered that the Committee of War be directed and impowered to agree

for such Articles upon the best Terms they can, to be paid for out of the next Supply of the
Treasury, and that such of the Soldiers who may be Supplycd with Cloathing -or any other
Articles'shall be charged therewith l:)y the Commissary at the Prime Cost with a reasonable
Allowance for the charge of transportation ; the amount of which shall when the Muster
Rolls are made up be carried out in the Commissary Columns and be deducted fi-om their
Wages accordingly.

In the House of Representatives ; Read & Concurred

Consented to by a Major Part of the Council —

In the House of Representatives ; Whereas it has been represented to the House that some
Persons that have been impressed, hired, or Voluntarily inlisted into his Majestys Service
have since their entering therein given Notes of hand or other Securities to their Friends or
others for Sums more than Ten Pounds in order to their bringing forward a Suit or Suits
against them, to prevent their going in said Service which Conduct has a tendency to frus-
trate the good Intents of this Government Therefore Voted that Colonel Clap, Eldad Tay-
lor & William Richardson Esq""' with such as the Honourable Board shall join be a Com-
mittee to take thisnnatter into Consideration and report what is proper for this Court to do

thereon, the Committee to sit forthwith In Council ; Read & Concurred & Benjamin

Lynde & William Brattle Esqi's are joined in the Affair In Council ; Whereas it is of

the utmost Importance that the Several Soldiers Impressed Inlisted or hired into his Majes-

* Sic.

[Notes.] Province Laws.— 1756-57." 1081

tys Service for the intended Expedition under the Command of the Right Honourable the
Earl of Loudoun be not detained or hindered in their proceeding on the same

It is therefore Ordered That no Person be taken out of the Service by any Process (unless
it be for some Criminal Matter) for any Debt that was not contracted before the Twenty
Second day of Fcbriiary last, and in Case any Person in the Service aforesaid lie AiTested
for any such Debt and Service made on the Body : the Creditor shall before such Person is
Committed make Oath before one of his ^Majcstys Justices of the Peace in the County that
the Debt was actually Contracted before the said Twenty Second day of February, and was

for a true and valuable Consideration It is also further Ordered that if any Soldier is

akeady Committed for a Debt contracted since the said 22<i day of February the Sherrifif of
the County where the Commitment is made shall forthwith discharge such Soldier
• In the Hotise of Repi'csentatives ; Read & Concurred

Consented to by a Major Part of the Council." — Ibid., p. 499.

" April 25, 1757. In the House of Representatives ; Ordered that the Treasurer be & he
is hereljy directed to pay the one Months Advance Wages ordered to be paid each Com-
mission Officer on the intended Expedition out of the appropriation for Grants— -In Coun-
cil ; Read & ConcuiTcd

Consented to by a Major Part of the Council " — Ibid., p. 501.

" The Right Hon^ie Will™ Pitt Esquire's Letter to the Governor of the Massachusetts
Bay.

Whitehal 4 FebT 1757.

Sir

The King having nothing more at Heart than the Preservation of his good Subjects &
Colonies of North America, has come to a Resolution of acting with the greatest vigour
■ in those Parts, the ensuing Campaign, and all necessary Preparations are making for
sending a considerable Reinforcement of Troops, together with a Strong Squadron of
Ships, for that Purpose ; and in order to Act offensively against the French In Canada.

It is His Majesty's Pleasure that you should forthwith call together your Council & As-
sembly, and press them in the Strongest Manner, to raise with the utmost Expedition, a
Number of Provincial Troops at least equal to those raised the last Year, for the Service of
the ensuing Campaign, over & above what they shall judge necessary for the immediate
Defence of their own Province ; and that the Troops, so raised, do act in such Parts, as the
Earl of Loudoun, or the Commander in chief of His Majesty's Forces for the Time being,
shall judge most conducive to the Service in general; And the King doubts not, but that
the several Provinces, truly sensible of His paternal Care in sending so large a Force for
their Security, will exert their utmost Endeavours to second & strengthen such offensive
Operations against the French, as the Earl of Loudoun or the Commander in chief, for
the Time being, shall judge expedient, and will not clogg the Enlistments of the Men, or
the raising of the Money for their Pay, &ca with such Limitations, as have been hitherto
found to render their Service difhcult & ineffectual. And as a further Encouragement, I
am to acquaint you, that the Raising of the Men, their Pay, Arms & Cloathing, will be
all that will be I'cquired on the Part of the several Provinces, Measures having been
already taken for laying up Magazines of Stores & Provisions of all kinds at the Expence
of the Crown.

I cannot too Strongly recommend it to you, to use all your Influence with your Council
and Assembly, for the punctual & immediate Execution of these His Majesty's Commands.

I am
Sir
Your most obedient

humble Servant

Gov of Massachusetts Bay. W Pitt " — Records of Crown

Commissions ; in Secretary's Office, vol. \,p. 146.

" Letter from the Right Hono'^is William Pitt, Esq' to the Governor of the Massachu-'
setts Bay.

Whitehall IQ'h Febry 1757.

Sir

Having in my Letter of the 4'^ Instant informed- you, that it was the King's Intention
to send a Strong Squadron of Ships of War to North America ; I am now to acquaint you,
that His Majesty has been pleased to appoint Rear Admiral Holburne to command the
said Squadron ; and it is the King's Pleasure, that in case any Naval Assistance shall be
wanted for the Protection of your Government, you should apply for the same, to the said
Rear Admiral, or to the Commander in Chief for the Time being, of His Majesty's Ships
in those Seas, who will send you such Assistance as he may be able to do, consistently
with the Service, with which he is charged by His Majesty's Instructions ; and j'ou will
regularly communicate to the said Commander all such Intelligence as shall come to your
Knowlege, concerning the Arrival of any Ships of War, or Vessels having Warlike-Stores
on Board; and likewise all such Advices, as may concern their Motions & Destination, or
may in any manner relate to that part of His Majesty's Service, with which the Com-
manders of the Kings Ships should be acquainted ; and for better Execution of the Orders
sent you in this Letter, you will bo diligent in employing, proper Persons, & Vessels, not
only to procure you the earliest Intelligence, but likewise to be dispatched, from Time to
Time, to the said Commander of His Majesty's Ships, with such Accounts, as you shall
have Occasion to communicate to him. It is also His Majesty's further Pleasure, that you
should use all legal Methods, whenever the Commander in Chief, of His Majesty's Ships
shall apply to you, to raise such a Number of Seamen, from Time to Time, as shall be
wanted to recruit the Ships in North America.

I am, Sir, Your most obedient

humble Servant •

Gov of Massachusetts Bay. W Pitt." — Ibid., p. 147.

" March 16, 1759. A Memorial of Joseph Fiye Esq Setting forth That in the year

1757. He was appointed Colonel of Eighteen hundred men raised that year by the Prov-

136

1082 Province Laws. — 1756-57. [Notes.]

ince and put under the Command of the Earl of Loudoun ; that the whole care of this
Body of Men, which it was thought at first required five Feild Officers, devolved on the
Memorialist; That his Expence as well as care and tronhle was hereby increased. That
having the Misfortune to fall into the Enemy's hands at the Surrender of Fort William
Henry, he suffered great liardships, was stript of his Arms, Cloathing and Camp Equipage,
.and by the Capitulation laid under Obligation not to take up Arms against the Enemy for
the term of eighteen months. That having lost his Papers, and his men dispersed and
skattered, his whole Attention was engaged from the time he came home to the latter end
of February before he could get any tolcraljle State of the Regiment, and it was the 14 of
April, before he had compleatcd the Rolls and other business of the Regiment. And Pray-
ing the consideration of the Court, and such Allowance as they shall judge meet.

In the House of Representatives. Read and Ordered That the Petitioner be allowed
"Wages from the time of his entering into the Service till the 14 April 1758, at eighteen
pounds per Month deducting Avhat he has already received out of the Treasury for that
Service. In Council. Read and Concurred Consented to by the Governor." — Council
Records, vol. XXIl, p. 603.

Chap. 25. " May 31, 1757. In Council Whereas in & by an Act intituled an Act for

preventing the Exportation of Provisions & warlike Stores, it is among other things pro-
vided. That it shall be lawful for the Master of any Ship or Vessell, or the owner or Factor
to transport any sort of Provisions or Warlike Stores to any of his Majesty's Colonies or
Plantations in North America, or Fish in l)ulk to some place in Europe in Amity with his

Majesty first giving bond to the Impost Officer in the sum mentioned in the said Act to

carry such Provisions & Stores to the Port for which they were design'd And whereas

by an Order from the honourable the Commissioners of his Majesty's Customs the several
Collectors in the respective Ports are enjoined to take bonds for the same Purpose of all
Masters who lade any Provisions or Warlike Stores, whereby the givin'g Bond at the
Impost Office is become unnecessary. Wherefore Ordered that when it shall appear to
the Impost Officer or his Deputies, that a Bond has been given at the Custom House for
the purposes aforesaid. That then & in such case no bond shall be required at the Impost
Office of any Master, Owner or Freighter loading as aforesaid. In the House of Repre-
sentatives Read & Concurred. Consented to by a Major Part of the Council." — Coun-
cil 'Records, vol. XXIL, p. 13.

Chap. 31. " June 8, 1756. A Petition of Samuel Smith for himself & the other Pro-
prietors of the Island Beeches &<^'' in Eastham lying West of Billingsgate & South of
Griffiths Island, Setting forth the Benefit of the Act of this Court (now expired) for the
Security of the said Beeches & Islands, and Praying that it may be revived, and foras-
much as the Petitioner is a Principal Proprietor here, and has been at great Cost to pre-
serve them from Injury Praying for Lil)erty to keep a Number of Cattle (he making good
any Damage they may do) as also to keep a Pound for Impounding Cattle & Horses that
may be foiind Trespassing

In the House of Representatives ; Read & Ordered that the Petitioner Notify the
Inhabitants of the Town of Eastham with this Petition by leaving an Attested Copy
thereof with the Clerk of the said Town that they shew Cause if any they have on the
Third Wednesday of the next Sitting of this Court why the Prayer thereof should not
be granted In Council ; Read & Concur'd " — Council Records, vol. XXL, p. 206.

"December 13, 1757. A Petition of John Ralph and Others, Indians of the Town of
Eastham and Harwich in the County of Barnstable Setting forth That notwithstand-
ing the Care of the Government the Town or Proprietoi-s of Eastham have encroached on
• their property in a certain Neck of Beach and Thatch Ground or Island wilhin or near "
the Town of Eastham called Billingsgate Point or Island, and have sold the same to
Samuel Smith Esq'' and Silvaniis Snow, both of Eastham. That said place is the most
.convenient for the Whale Fishery of any within the County and hath ever since the
memory of Man been impi-oved for that purpose and no other; and as many of said
Indians are Whalemen such an Alienation must prove very much to their prejudice, and
praying for Releif.

In the House of Representatives. Read and Ordered That the Petitioners serve the
Adverse Party with a Copy of this Petition, that they make answer thereto on the second

Tuesday of the next Sitting of this Court Also that the Guardians of the Potenuma-

cutt Indians be duly notified thereof, that so they may give this Coui-t the best Informa-
tion they can relative to the matters complained of. In Council. Read and Concurred."
—Ibid., vol XXIL, p. 150.

" March 14, 1758. A Petition of Thomas Ralph and Others, Indian Natives of the

Towns of Eastham and Harwich Setting forth That the English Inhabitants have

encroached on their property, and that the Town of Eastham have sold to Samuel Smith
Esq and M'' Silvanus Snow "a certain Neck of Beacb and Thatch Ground on one side of
■ Billingsgate most commodiously situated for the whaling business, and which has from time
immemorial been improved by them for that purpose, and praying Releif. In Council.
Read again together witli the Answer of Silvanus Snow, and other Papers accompanying
the same and Ordered Tliat James Minot and William Brattle Esq™ with Such as the
honourable House shall join be a Committee to take the same undci' consideration, to hear
the Parties and report what they judge proper to be done thereon.

In the House of Representatives. Read and Concurred and M'' Bacon, Col° White and
Joseph Gushing Esq are joined in the Affiiir." — Ibid., p. 264.

" March 15, 1758. The Committee appointed the 14 Instant on the Petition of John
Ralph and Others reported That they had heard the Parties who were desirous of a Com-
mittee to veiw the Premises. They therefore reported that a Committee be appointed for
that purpose.

In the House of Representatives. Ordered That the Report be accepted, and that M^
Edward Bacon and Capt" Joseph Robinson with such as the honourable Board shall

[Notes.] Peovince Laws. — 175G-57. 1083

appoint be a Committee to view the Premises, hear the Parties and make Report. In
Council. Read and Concurred and Gamaliel Bradford Esq is joined in the Affair.
(17"') Consented to by the Governor." — Ibid., p. 269.

Chap. 32. "December 12, 1757. A Petition of Thomas Foster Esq' in behalf of the

Town of Plymonth Setting forth That the £,'reat Herring Pond (so called) lycth in the

Town of Plymouth from whence runneth a large Brook or River through tiio Town of
Sandwich into the Sea, and that the Line between the two Towns runneth over the Neck
of said Pond just above the place where the said Brook issues from it; That there are
large Quantities of Alewives come up the Brook to cast their Spawn in the Pond, but as the
Law now stands for reguhiting the taking of Alewives, the Town of Plymouth is deprived
of all advantages of the Fishery, and the Town of Sandwich apprehending the sole right
thereof to be in them refuse to "treat with the Town of Plymouth about it. And praying
that this Court, would interpose for their releif.

In the House of Representatives Read and Ordered That the Petitioner notify the Town
of Sandwich of this Petition by leaving an attested copy thereof with the Clerk of said
Town, that they shew cause (if any they have) on the second Thursday of the next
Sitting of the Court why the Prayer thereof Should not be granted. In Council. Read
and Concurred." — Council Records, vol. XXII., p. 148. .

Chap. 35. " April 4ti>, 1757. In Council ; Ordered that John Erving & "William Brattle
Esq"'' with such as the Honourable House shall appoint be a Committee to Consider and
Report what is further necessary to be done to restrain all Merchant Vessells, Fishing
Vcssells and others departing from any Ports in this Pi'ovince agreeable to his Excellency,
the Earl of Loudouns Letter desiring an Embargo, and the Committee are directed to sit
forthwith.

In the House of Representatives ; Ptcad & Concurr'd, and Col<' White Col^ Williams, and
Major Epes are joined in the Afiair.

The Committee aforesaid soon after reported — That an Embargo should be laid on all
Ships & Vcssells, (Fishing Vessells included) within the several Ports of this Province to
the Tw«ntieth day of April instant, and that a Bill Ije brought in accordingly In Coun-
cil; Read & Ordered that this Report be accepted " — Council Records, vol. XXI., p. 423.

" A Proclamation prohibiting the departure of any Ship or Vessel out of the Province
tmtill the 20"' day of April Instant.

By the Honourable His Majesty's Council for the Province of the Massachusetts Bay in
New England.

A Proclamation.

Whereas the General Assembly have in their present Session passed an Act to prohibit
the Departure of all Ships & Vessels from any Port or Place within the Province, and of
all Fishing-Vessels, such only excepted as are not usually absent more than four Days at
a Time, untill the Twentieth Day of April Instant, without special Permission from his
Majesty's Council, or the major part of them, on Penalty of forfeiting One Hundred
Pounds, to be paid by the Master; and the like Penalty of One Hundred Pounds to be
paid by the Owner or Owners of every such Ship or Vessel departing as aforesaid : And
Whereas Provision is made in said Act, that his Majesty's Counci],"or the major part of
them, shall, if they see fit, lengthen out the said Embargo to the first Day of June next.

We have therefore thought fit, in Council to issue this Proclamation ; hereby giving
publick Notice of the aforesaid Act of Government; and strictly forbidding all Masters
or Owners of any Ships or Vessels within the Province to suffer any such Ships or Ves-
sels, without special Permission from his Majesty's Council or the major Pai't of them, to
depart out of the same, or to proceed to any of the fishing-Banks untill the Twentieth Day
of April Instant.

And we do hereby forbid all Officers concerned in the Clearing of Vessels to give Certifi-
cates or Clearances for any Ships or Vessels whatsoever within their respective Districts
to depart out of the Province, during the Continuation of this Prohibition or Embargo,
without permission as aforesaid.

And all his Majesty's good Subjects who shall or may discover any Ship or Vessel
privately or clandestinely loading within the Province, or departing out the same con-
trary to Law, are hereby desired to give immediate Information thereof to his jNIajcsty's
Council, or to any of the Officers aforesaid, that all Persons offending may be prosecuted
according to Law for any such Offence.

Given at the Council-Chamber in Boston the Seventh Day of April 1757. in the Thirtieth
Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of
Great Britain, France & Ireland, Jving, Defender of the Faith &c.

By Oixler of his Majesty's Council "
A. Oliver Secry John Hill Wm Pepperrell.

James Minot J. Osborne

John Erving A Oliver Jacob Wendell

Rtch" CuTT Jos : Pynchon Bexj* Lynde

Wm Brattle John Otis S. Danforth

Thos Hutchinson ' Sam'- Watts
BenJ'^ Lincoln George Leonard" —

Records of Civil Commissions ; in Secretanfs Offi.ce, vol. 2, p 322.

" A Proclamation Prohibiting the Departure of any Ship or Vessel out of the Province
untill the tenth Day of May next.

By the Honourable His Majesty's Council for the Province of the Massachusetts Bay
in New England.

A Proclamation.

Whereas the General Assembly have in their present Session passed an Act to prohibit
the Departure of all Ships & Vessels from any Port or Place within the Prov<^'^ and of all

1084 Peotince Laws.— 1756-57. [Notes.]

fishing-Vessels, such only excepted as are not usually absent more than four Days at a
Time, untill the Twentieth Day of April Instant without special Permission from His
Majesty's Council, or the major part of thcni, on Penalty of forfeiting One Hundred
Pounds, to be paid by the Master; and tlie lil^e Penalty of One Himdrcd Pounds to be
paid by the Owner or Owners of every such Ship or Vessel departing as aforesaid; And a
Proclamation was issued by the Council on the Seventh Instant; giving pulilick Notice
of the aforesaid Act, and forbidding the Departure of all Vessels accordingly; And
Whereas Provision is made in said Act, that His Majesty's Council, or the Major Part
of them, shall, if they see fit, lengthen out the said Enibargo to the first Day of June
next

We have therefore thought fit, in Council, to issue this Proclamation ; hereby strictly
forbidding all Masters or Owners of any Ships or Vessels within the Province to suffer
any such Ships or Vessels, without special Permission from his Majesty's Council or the
major Part of them, to depart out of the same, or to proceed to any of the fishing Banks
untill the Tenth Day of May next; unless this Prohibition or Embargo shall before the
said Tenth Day of May next, be decleared void and of no farther Effect.

And we dohereby forbid all Officers concerned in the Clearing of Vessels to give Certifi-
cates or Clearances for any Ships or Vessels whatsoever within their respective Districts
to clopart out of the Province, during the continuation of this Prohibition or Embargo,
without Permission as aforesaid.

And all his Majesty's good Subjects who shall or may discover any Ship or Vessel
privately or clandestinely loading within the Province, or departing out of the same con-
trary to Law, are hereby desired to give immediate Information thereof to his Majesty's
Council, or to any of the Officers aforesaid, that all Persons offending may be prosecuted
according to Law for any such oflfence.

Given at the Council-Chamber in Boston the eighteen [th*] Day of April 1757. in the
Thirtieth Year of the Reign of our Sovereign Lord George the Second, by the Grace of
God, of Great Britain, France & Ireland King, Defender of the Faith &c.

By Order of his Majesty's Council
A Oliver Secry John Chandler Wm Pepperrell

A Oliver J : Osborne •

John Erving Joseph Ptnchon Jacob Wendell

Richd Cutt John Otis Jn" Cushing

Wm Brattle. Thos Hutchinson Dani- Russell

Stephen Sewall Sam^' Watts

Isaac Rotall John Hill

[God save the King*] "—Ibid., p. 323.

" April 20, 1757. In Council ; Whereas the Limitation of Four Days only for any Fish-
ing Vessells to be out on their Voyage is found to l)e the means of Causing the Fishery
intirely to Cease, and it being appi-ehendcd that no Inconvenience can arise from their
being absent a longer time, provided they do not go beyond the Limits within which the

Coasting Vessells which are allowed to depart from One Port to another usually pass

Therefore Ordered That any Vcssell employed in Fishing may have Liberty to ))e absent
Twelve days from their respective departure; Provided always that if any Fishing Ves-
sell shall go to the Eastward of Falmouth in Casco Bay or to the Southward of Cape Cod
unless it shall be made to appear to have been absolutely unavoidable the Owners and
Masters of such Vessells shall lie liable to Forfeit and pay in like manner as if this Order

bad not been made and, passed. In the House of Representatives; Read and Noncon-

curred " — Council Records, vol. XXL, p. 484.

" A Proclamation Prohibiting the departure of any Ships or Vessels from this Province
untill the 20"» day of May Instant,

By the Honourable His Majesty's Council for the Province of the Massachusetts Bay
in New England.

A Proclamation.

Whereas the General Assembly have passed an Act to prohibit the Departure of all
Ships & Vessels from any Port or Place within the Province, untill the Twentieth Day of
April this present Year, without special Permission from His Majesty's Council or the
major Part of them, on Penalty of forfeiting One Hundred Pounds, to' be paid by the
Master; and the like Penalty of One Hund'^ Pounds to be paid by the Owner or Owners
of every such Ship or Vessel departing as aforesaid : And Whereas Provision is made in
said Act, that His Majesty's Council, or the major Part of them, shall, if they see fit,
lengthen out the said Embargo to the first day of June next.

We have therefore thought fit, in Council, to issue this Proclamation ; hereby strictly
forbidding all Masters or Owners of any Ships or Vessels within the Province to suffer
any such Ships or Vessels to depart out of the same, (fishing Vessels and Vessels Bound
to Nova-Scotia excepted, which are hereby permitted to depart as usual,) untill the Twen-
tieth Day of May Instant.

And we do hereby forbid all Officers concerned in the Clearing of Vessels to give Certifi-
cates or Clearances for any Ships or Vessels whatsoever within their respective Districts
(excepting as before excepted) to depart out of the Province during the Continuance of
this Prohiliition or Embargo, without Permission as aforesaid.

And all his Majesty's good Sulijects who shall or may discover any Ship or Vessel
privately or clandestinely loading Avithin the Province, or departing out of the same con-
trary to Law, and to the Tenor of this Proclamation, are hereby desired to give immediate
Information thereof to his Majesty's Council, or to an)- of the Officers aforesaid, that all
Persons offending may be prosecuted according to Law for any such Offence.

Given at the Council-Chamber in Boston the Ninth Day "of May 1757, in y« Thirtieth

* Not in the record ; supplied from the original.

[Notes.] Province Laws. — 1756-57. 1085

Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of
Great Britain, France & Ireland, King, Defender of the Faith &c.
By Order of his Majesty's Council
Tho8 Clarke Dep'y Secry. Samt^ Watts J. Osborne

George Leonard Frans Foxoroft

John Frying James Minot Benja Lynde

Wm Brattle A Oliver Jno Ci'siiing

Joseph Ptnchon Dani- Russell

Isaac Rotall S. Danforth.

Benja^ Lincoln.
God save the King." — Records of Civil Commissions ; in Secre-
tary's Office, vol. 2, p. 326.

" Letter from the Right Honorable Earl of Holdernesse, To the Governor of this Prov-
ince

Whitehall 2'J May 1757.
Sir.

The Crops of Corn having from the badness of the Season last Year, greatly failed in
many Parts of Great Britain and Ireland, which makes a Supply thereof very much
wanted, for which Reasons Orders have been sent to purchase large Quantities in Amer-
ica; and it being apprehended, that the Ships loaded therewith may not be able to Sail on
Account of the Embargo laid in several Parts of America, by Lord Loudoun's Desire, on
all Ships in general, by which means, His Majesty's Dominions in Europe may be greatly
distressed : I am commanded to signify to you The King's Pleasure, that you do imme-
diately, upon the Receipt of this Letter, cause any Embargo, that shall be then subsisting
within your Government, either in Consequence of Lord Loudoun's application to you, or
of any Directions, sent you by the Board of Trade, to be taken off from all Vessels
loaded with Corn, or any other Species of Grain for Great Britain, and Ireland ; and that
you do take particular Care, that no future Embargo, which it may be thought expedient
to lay, do extend to Vessels so loaded ; but on the contrary you will give all proper En-
couragement, and Assistance to Persons, who shall be employ'd, in the purchasing &
shipping Corn, for the Supply of his Majesty's Dominions in Europe, taking Care, that
they do give sufiQcient Security for landing the Cargoes at the Places for which they shall
be designed, agreable to an Act of Parliament, passed this Session, Entitled, " An Act to
prohibit, for a limited Time, the Exportation of Corn, Grain, Meal, Malt, &ca &ca " which
Aet has been transmitted to you, by the Lords Commissioners of Trade & Plantations.

I am
Sir

Your most Obedient
Gov"^ of Massachusetts Bay Humble Servant

Holdernesse." — Records of Crown
Commissions ; in Secretary's Office, vol. 1, p. 148.

Chap. 36. The following additional Section appears on the engi'ossment apparently can-
celled by pen lines.

" And he it further enacted,

That no person in his majestys service shall pawn, truck barter or sell his Arms, Ammuni-
tion or Cloathing on penalty of being punished by riding the Wooden Horse, runing the Gant-
let, or other like Military Punishment, and the Person accepting & receiving the same, shall
be compelled to restore and make good the same without Price or Redemption, and shall
further (if in his Majesty's service) sulfer Military Punishment as aforesaid."

Chap. 38. " April 6, 1757. In the House of Representatives ; Ordered that M"" Gridley
Colo Hale, Judge Russell, Col" Williams, M>^ Paine Col"^ Clap, Colo Otis, Col" White and
M'' Bradbury with such as the Hono*^'" Board shall join be a Committee to take under
Consideration what tbey judge the most suitable and Convenient times for the Sitting of

the several Courts of Justice through the Province and Report In Council ; Read &

Concurred ; and Benjamin Lynde, Samuel Danforth Stephen Sewall, and Richard Cutt
Esq"' are joined in the Affair " — Council Records, vol. XX/., p. 427.

" April 7, 1757. In the House of Representatives ; Ordered that the Committee of both
Houses appointed to Consider of the most suitable & convenient times for holding thei
several Courts of Judicature within the Province be directed also to take under Consider-
ation what alteration they judge proper should be made in the Places by Law assigned for
holding said Courts & Report.- In Council ; Read & Concurr'd "—Ibid., p. 430.

Chap. 40. " Septemf 7, 1756. In the House of Representatives ; Resolved that the
Valuation of the Estates of the Inhabitants thr6 the Province be referred till the further
Order of this Court, & that directions be sent to the Assessors of the several Towns to

Suspend their Proceedings thereon accordingly In Council ; Read & Non Concur'd " —

Council Records, vol. XXL, 2). 270.

" Septem'' 10, 1756. In the House of Representatives ; Whereas an Act of the Province
made & passed in the Twenty Ninth Year of his present Majestys Reign intitled an Act
for inquiring into the Rateable Estates of the Province is apprehended to be imperfect
both as to the Act itself the List thereby setled & agreed upon ; And if the several Towns
in the Province should by their Assessors conform thereto, that it would nevertheless be

impracticable to make a "just Valuation thereof Therefore Voted that the Assessors of

the several Towns within this Province be directed to suspend any further Proceedings
as to taking the List of Valuation agreeable to said Act untill the further Order of this
Court. In Council; Read & Non Concur'd" — Ibid., p. 277.

'• Septem'' 11, 1756. On the Bill in Addition to an Act intitled an Act for Enquiring into
the Rateable Estates of the Province.

la the House of Representatives ; Ordered that the Consideration of this Bill be referred

1086 Province Laws. — 1756-57. [Notes.]

to the next Sitting of this Court, and the Assessors of the several Towns arc forbid any-
further Proceedings with respect to tlic "Valuation in the mean time.— In Council; Read &
Concur'd "—Ibid., p. 280.

"June 11, 1757. In the House of Representatives. Ordered That the Secretary be
directed to return to tbc several Towns the Lists of Valuation of Estates they sent into his

Office tlie last Year in consequence of a late Act of the Government. In Council Read

and Concurred. Consented to by a Major Part of the Council." — Ibid., vol. XXII., p. 51.

*' Aug' 26, 1757. In the House of Representatives. Resolved That the valuation of
Estates'thro' the Province be putt off to another year And that directions be sent to the
Assessors of the several Towns and Districts to stay their Proceedings therein accordingly.

In Council — Read and Concurred Consented to by the Governor." — Ibid., p. 94.

Chap.il. "April 22, 1757. In the House of Representatives ; Ordered that Samuel
Welles & James Russell Esqi-^ with such as the Honourable Board shall join be a Commit-
tee to take Bonds agreeable to an Act intituled an Act for raising a Sum of INIoncy by
Lottery for the Encouragement of the Settlement called Germantown in the Town of
Braintree and lodge the same with the Province Treasurer. In Council ; Read & Con-
curred, and Samuel Danforth Esq"" is joined in the Affair Consented to by a Major

Part of the Council " — Council Records, vol. XXL, p. 490.

"January 24, 1758. In the House of Representatives Voted That the Managers of the
German Town Lottery (so called) be and hereby are allowed to make use of the Repre-
sentatives Room in the Recess of the Court to draw the several Classes of said Lottery, as
also the Use of the Province Boxes, on condition of their making good any damage that
shall ensue in consequence thereof to the said Room or Boxes. In Council. Read and
Concurred. Consented to by the Governor." — Ibid., vol. XXII., p. 236.

Showing the beginning and end of each year of the reign of George ihe dSeeon^, from
the sixteenth to the thirtieth inclusive.

16th of
17th of
18th of
19th of
20th of
21st of
22d of
23d of
24th of
25th of
26th of
27th of
28th of
29th of
30th of

George
George
George
George
George
George
George
George
George
George
George
George
George
George
George

the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,
the Second,

from June 11
11
11
11
11
11
11
11
11
11
11

11
11
11

, 1742,
, 1743,
, 1744,
, 1745,
, 1746,
, 1747,
, 1748,
, 1749,
, 1750,
, 1751,
, 1752,
, 1753,
, 1754,
, 1755,
, 1756,

to June 11, 1743.

" 11, 1744.
11, 1745.

" 11, 1746.

" XI, 1747.

" 11, 1748.

" 11, 1749.

" 11, 1750.

« 11, 1751.

" 11, 1752.

* 11, 1753.

'' 11, 1754.

« 11, 1755.

" il, 1756.

■'• H, J757.

[1087]

Index of Names.

137

[1089]

INDEX OF NAMES.

Anron, Simon,

Abbot, Henry, .

Abbot, Jacob,

Abbot, Nolicniiah,

Abigail, (TIr' brigantinc)

Abiiigloi), . 56, 93, 163, 229, 285, 351, 396, 438, 501, 588,

630, 689,
Acton, 64, 91, 161, 2S3, 349, 393, 435, ,

Adam, John,
Adams, Samuel, .
Adams, Thomas,
Aitkcn, Henry, .
Albany,
Aldcn, David,
Allen, James,

0, 853, 878, 972

86, 628, 687, 729,

68, 851, 877, 970

. 1055

. 218

. 708

Allen, John,
Allen, Nathaniel,
Allison, Thomas,
Alton, ■\Villiam,.
America,

746, 942, 943, 954, 961, 1073, 1079

861

23, 448, 505, 506, 508, 553, 560, 663,

666, 816

. . . . 742, 817

728

70S

819

508, 509, 838, 942, 1002, 1068, 1069

Amesbury, 52, 89, 159, 226, 282, 348, 392, 434, 585, 626, 686,

767, 850, 876, 909

Andovcr, 52, 89, 159, 225, 282, 347, 372, 392, 434, 584, 620,

685, 766, 8<'9, 876, 968

Anabaptists 644, 645

Annapolis Royal 805, 1056

Anne, Queen, . 128, 305, 459, 504, 508, 603, 710, 711, 738

Antigua lOOS

Appleton, Daniel, . . , 504, 507, 892, 893, 952

Apthorp, Charles, 826

Arrasaguntacook Tribe 948

Arthur, Thomas, .... 824, 958, 902, 1064
Arundel, 58, 95, 105, 231, 286, 352, 397, 440, 5S9, 031, 091,

771, 855, 879, 974

Ashley, John, 901

Ashley, Noah, 664, 742, 836

Ashton, Jacob 1064, 1072

Aspomscok, 140

Assawamjisett Crook 483

Assonet Neck, 215

Atkins, Joseph, 538, 539

Atkins, Joshua, 739

Atkinson, Theodore, 1075

Attleborough, 5S, 70, 95, 164, 230, 286, 351, 397, 430, 589,
631, 600, 771, 854, 878, 973

Atwood, -John, 950

Auston, Thomas 708

Avery, John, ........ 955

Ayers, William 741, 818, 819

Ayre, William, 780

Bacon, Edward, .
l>aker, Edward, .

1064, 1082
. 341

Page

Ballard, Mrs., 1076

Barbadoes, 1068

Barney, Daniel 341

Barnej-, Jonathan, 817

Barnstable, 57, 64, 65, 94, 103, 229, 285, 339, 340, 341, 351,

361, 362, 396, 439, 588, 630, 646, 651, 689,

726, 770, 854, 878, 973, 999, 1050

Barnstable, County of, 57, 59, 64, 65, 94, 96, 156, 163, 166,

209, 220, 229, 232, 285, 287, 351,

353, 396, 399, 439, 441, 448, 449,

588, 591, 630, 632, 651, 663, 664,

690, 692, 726, 732, 739, 741, 742,

744, 745, 770, 773, 816, 817, 823,

824, 854, 856, 877, 879, 957, 958,

960, 962, 973, 975, 999, 1050,

1057, 1063, 1064, 1071, 1072,

1082

Barrington, 58, 95, 164, 230, 286, 352, 356, 357, 397, 402,

403, 439, 589, 631, 690

Barrow, Elisha, 823

Bartholomew Hill, 952, 953

Cartlet, Ephraim 780, 819

Barton, Joshua, 135

Bascliard, David 703

Bathaw, William, 708

Beach Hill, 1039

Beacon Island, 567

Bedford, 54, 91, 101, 227, 2S3, 349, 393, 435, 586, 628, 687,
688, 712, 728, 768, 769, 851, 852, 870, 877, 961,
970, 971, 1057
Bedgood, Jeffry, .... 423, 424, 448, 557

Belcher, Jonathan 5, 665

Bellinghain, 51, 88, 158, 225, 281, 347, 391, 433, 584, 626,
685, 766, 849, 875, 961, 968, 1057, 1058

Belson, James 708

Bemis, John, 728

Bemus, Samuel, Junior, 135

Bonnet, Jonathan 708

Bennet, Moses, 557, 558, 708

Benway, Gludo 1059, 1060, 1061

Berkeley, 58, 95, 164, 230, 2S0,'352, 397, 439, 589, 631, 690,

771, 854, 879, 973

Bernard, Francis 5

Berry, Thomas, 219, 220, 448, 449, 538, 725, 816, 892, 893,

951

Berwick, 58, 95, 164, 231, 286, 352, 397, 440, 558, 589, 631,

684, 691, 771, 824, 855, 879, 974

Bethune, George 950

Betliuno, Henry 708

Bethune, Nathaniel 950

Beverly, 52, 89, 159, 225, 282, 347, 392, 434, 584, 026, 686,

704, 756, 760, 817, 818, 849, 876, 968

Biddeford, 58, 95, 165, 231, 352, 397, 440, 440, 447, 589, 631,

646, 601, 771, 855, 879, 974

Billcrica, 53, 90, 160, 226, 283, 348, 393, 435, 585, 627, 686,

729, 749, 767, 850, 876, 909

Billingsgate Bay, . . 26, 27, 326, 339, otil, 1033, 1082

[1091]

1092

In^dex of Names.

Page

Billingsgate Toint, or Island 1082

Bill, Richard 557, 558

Birch Island, 9J2, 953

Black Earth, 487, 808

Bladen, Martin, 72,137,216,217

Blandford, . • . 586, 628, 688, 712, 709, 852, 877, 971

Blood's Farm, 729

Blunt, Samuel, 955

Boardman, Andrew, 448, 506, 1064

Bollan, William, 430, 455, 456, 457, 458, 663, 740, 764, 813,

823, 830, 831, 832, 1055, 1056, 1061

Bolton, 56, 93, 162, 228, 284, 350, 395, 437, 587, 629, 639,

769, 853, 878, 972

Boscawen, S55

Boston, 5, 7, 11, 26, 28, 32, 51, 62, 64, 67, 70, 71, 75, 73, 83,
99, 101, 111, 112, 115, 122, 124, 126, 143, 158, 167,
170, 174, 176, 182, 190, 103, 197, 202, 205, 210, 219,
222, 225, 249, 251, 253, 254, 256, 262, 265, 279, 281,
295, 302, 305, 306, 311,313,317, 318, 320, 324,323,
336, 345, 347, 359, 360, 370, 376, 330, 383, 391, 411,
422, 425, 429, 433, 442, 443, 446, 448, 454, 455, 458,
459, 465, 466, 467, 474, 477, 478, 480, 488, 493, 508,
509, 513, 525, 536, 548, 551, 552, 554, 557, 558, 560,
561, 565, 567, 574, 575, 584, 595, 596, 605, 606, 609,
610, 626, 643, 646, 647, 648, 651, 662, 664, 669, 681,
684, 685, 704, 708, 709, 725, 743, 749, 750, 755, 766,
778, 802, 803, 812, 817, 819, 820, 824, 825, 826, 827,
829, 830, 831, 832, 834, 835, 838, 841, 849, 870, 872,
875, 880, 883, 887, 888, 890, 891, 898, 914, 922, 944,
945, 946, 948, 949, 950, 954, 955, 956, 957, 959, 960,
907, 968, 984, 986, 988, 999, 1009, 1042, 1043, 1044,
1057, 1058, 1068, 1070, 1071, 1072, 1073, 1075, 1076,
1079, lOSl, 1083, 1084

BoBton Evening Post, 173, 551

Boston Gazette, . . 119, 173, 372, 442, 551, 553, 824, 827

Boston Harbor 9jl

Boston Neck 79, 888, 890

Boston racket, 155, 190, 376

Boston "Weekly Kews Letter 174

Boston Weekly Poet Boy, 173

Boudreau, Peter 1060

Bound Brook, 739

Bourn, Sylvanus, . 341, 456, 743, 823, 941, 953, 957, 958,

962,1060,1064,1071

Boutineau, Stephen 557

Bowdoin, James, . . 195, 219, 816, 941 , 943, 944, 958

Bowdoin, William, .... 680, 681, 743, 962

Boxford, 52, 89, 159, 226, 282, 348, 392, 434, 585, 626, 684,

68G, 767, 850, 876, 969

Boylstone, Thomas, 946, 955, 956

Bradbury, John, . 817, 823, 957, 1063, 1064, 1071, 1035
Bradford, 52, 89, 159, 226, 282, 348, 392, 434, 585, 627, 686,

707, 850, 876, 960
Bradford, Gamaliel, 663, 741, 816, 952, 1063, 1064, 1066, 1071

Bradford, John 703

Braintree, 51, 88, 158, 225, 281, 347, 391, 433, 485, 560, 584,

626, 647, 684, 685, 766. 849, 875, 908, 1053, 1086

Brattle, William, 666, 815, 816, 820, 823, 336, 941,043,944,

947,951,953,959, 1056, 1059, lOGO, 1064,

1066, 1071, 1073, 1074, 1075, 1078, 1080,

1082, 1083, 1084, 1085

Brewster, John '817,1064

Bridgewatcr, 56, 93, 163, 229, 285, 350, 305, 438, 538, 630,
684, 689, 770, 853, 861, 878, 939, 972

Briggs, George, 708

Brimfield, 55, 92, 161, 227, 234, 349, 394, 436, 586, 599, 628,

688, 768, 851, 877, 971

Bristol, 57, 64, 65, 94, 164, 230, 286, 313, 314, 351, 356, 397,

402, 439

Pagb
Bristol, County of, 57, 59, 64, 65, 94, 96, 164, 166, 230, 232,
286, 237, 313, 314, 341, 342, 351, 353,
382, 333, 397, 399, 409, 441, 448, 449,
482, 546, 589, 591, 631, 632, 651, 663,
664, 690, 692, 741, 742, 771, 773, 816,
817, 823, 824, 854, 856, 877, 879, 939,
957, 958, 962, 973, 975, 999, 1050,
1063, 1004, 1071, 1072

Bristol Old Path 215

Broad Cove 215

Bromfield, Henry, 954, 956

Crookfield, 55, 92, 162, 228, 234, 350, 395, 437, 587, 629,

653, 665, 688, 709, 780, 781, 819, 852, 877,

961, 971, 1057, 1061

Brookline, 51, 88, 158, 225, 281, 347, 391, 433, 534, 626, 684,

6S5, 766, 849, 875, 963

Brooks, Daniel 723

Brooks, Joshua 728

Brown, Benjamin, 723

Brown, Eser . . 341

Brown, George 1075

Brown, Stephen, ■ . . 956

Brown, Thomas 835

Brudenell, James 72

Brunswick, 58, 95, 165, 231, 287, 352, 398, 440, 589, 631,

691, 772, 855, 879, 974

Brunswick Fort, 8, 23, 30, 76, 112, 149, 154, 190, 207, 242,

245, 254, 292, 296, 314, 371, 376, 409,

948

Bryant, Seth 824, 959

Biickminster, Joseph, . 450, 505, 506, 743, 951, 958

Bunker, Daniel 341

Bunker, John 448, 817, 823

Burgess, Elisha, 5

Burnet, William 5

Bush Hill, 952,953

Cahill, Edward, 708

Caldwell, John, 668

Calves Pasture Point, 361

Cambridge, 53, 64, 90, 160, 226, 232, 348, 392, 435, 504, 585,
627, 037, 684, 686, 767, 811, 835, 850, 876, 961,
969, 1057, 1059
Canada, . .49, CJ2, 293, 297, 302, 310, 322, 357, 454

Canary (wine,) 81

Canso, 144

Cape Breton, 194, 199, 204, 245, 253, 261, 293, 430,450,451,

452, 454, 455, 456, 457, 460, 461

Cape Cod, and Harbor, 117, 118, 210, 211, 219, 220, 326,

984, 1062

Cape Sable 1059

Cargell, James 673, 741

Carlisle, 729, 763, 851, 877, 970

Carthagena 746

Casco Bay, 746

Castle Keck Marshes, 952

Castle William, 8, 23, 30, 44, 45, 75, 112, 113, 124,148, 149,
153, 170, 171, 182, 190, 191, 200,241,245,
254, 255, 258, 259, 292, 296, 314, 315,370,
376, 380, 409, 420, 421, 476, 489, 001, 982,
983, 1042, 1002, 1078
Catheart, Gershom, .'..... 604, 1071

Cathcart, John, 708

Chadbnrn, Benjamin, 1004, 1071

Chandler, John, 118, 140, 341, 384, 442, 448, 449, 450, 508,
558, 663, 705, 741, 817, 824, 957, 1063,
1064, 1065, 1071, 1084
Charlemont 558,948

Index of ^aihes.

1093

Page

Charlestown, 41, 53, 64, 65, 69, 90, ]G0, 170, 226, 25S, 259,

282, 348, 392, 420, 429, 435, 465, 466, 585,

627, 646, 6S6, 767, 8U, 850, 876, 9C9, 982,

1058

Charlton 781, 852, 877, 971

Chase, Stephen 341

Chatham, 57, 94, 163, 230, 2S5, 351, 396, 439, 588, 630, 084,
690, 771, 854, 878, 973

Cheapside, , 672

Chehacco, 892, 952

Chebacco Ponds, 132

Chebacco Woods, .... 132, 133, 952, 953

Chobaquiduek, 723, 724, 1027

Checver, EzekicI, 44S, 506, 508, 6i)3, 741, 815, 810, 823, 941,

946, 057, 1058, 1002, 1063, 1064

Chelmsford, 53, 90, 160, 226, 2S3, 348, 393, 435, 585, C27,

CSC, 707, 850, 876, 969

Chelsea, 51, 88, 158, 225, 281, 547, 391, 433, 406, 58^, 626,

684, 685, 7GG, 849, 875, 968

Childs, Timothy C72

Chilmark, 59, 90, 165, 231, 287, 352, 393, 440, 590, 631, 691,

772, 855, 879, 974

Choato, Francis, . .892

Choate, John, 383, 454, 45G, 504, 507, 508, 561, 822, 823,

941, 952, 961

Church, John 708

Churchill, John, 817

Chute, Samuel 5

Claphara, Mary 815, 819, 820

Clapham, William, 815, 819, 820

Clapp, Thomas, 823, 957, 958, 959, 1055, 1060, 1064, 10S5

Clark, Jonas 666

Clarke, James, 708

Clarke, Jonathan, 708, 744

Clarke, Thomas 949

Clarke, ■\Villiam, 680, 681, 743

Clouston, James, 708

Cobb, Samuel 1072

Cobb, Thomas 741, 1072

Coffin, Jonathan, . . -. . 341,823,1055,1071

Coffin, Josiah 448, 663, 742, 816, 1071

Coffin, Richard, . . 663, 742, 816, 957, 1063, 1064

Coffin, William, . . . 423, 448, 708, 824, 957, 1072

Cogswell, Francis 741

.Cogswell, John, . . . • . . . . 951, 952
Cold Spring, 586, 599, 623, 655, 688, 769, 852, 877, 971

Cole, Daniel 729

CoIIingwood, James, • 708

Collins, James 448

Colerain 948

Concord, 53, 64, 90, 160, 226, 232, 348, 393, 435, 567, 568,
585, 6'j9, 027, 662, 680, 728, 729, 730, 767,
850, 876, 969

Concord Corner, 728

Concord Paver, 728, 729, 730

Concord Road 728

Connecticut, 85, 188, 275, 3G7, 3G8, 407, 430, 435, 436, 437,
454, 457, 401, 462, 471_, 503, 518, 522, 577,
580, 619, 623, 637, 701, 705, 712, 714, 715,
753, 762, 846, 919, 937, 941, 943, 902,
1031, 1044, 1045, 1C62, 1073, 1074, 1075,
1077
Connecticut River, . . 655, 656, 671, 713, 809, 811, 948

Converse, John, 780

Converse, Josiah, 818, 819

Cooke, Middlocot 680,681,743

Cooper, Samuel, 743

Cooper, William, . 826, 943, 944, 945, 946, 947, 958, 960
Cotton, John, 1063

Page

Cotton, Josiah, . . . ... , . . 1064

Cotton, Rowland, 741, 944, 945, 957, 959, 1055, 1063, 1064,

1071, 1078

Cotton, Theophilus, 742

Country Gore, 653

Coverley, Samuel 70S

Cowley, John, 708

Coy's Brook 780, 819

Crabb, Benjamin 546, 547

Craige, Andrew, 708

Cranberry Swamps 220

Crellius, Joseph, 558, 559

Crocker, Benjamin, 892, 893

Crocker, David 341, 816, 823

Crocker, Paul, 1064

Crown Point, 862, 872, 873, 874, 875, 882, 883, 893, 894,
895, 896, 919, 923, 930, 931, 940, 941,
942, 943, 946, 947, 949, 953, 901, 962,
963, 979, 980, 1022, 1043, 1049, 1075,
1079, 1081

Cullom, John, 708

Cunningham, John, 135

Cushing, Adam 220, 423, 448, 456

Cushing, Enoch, . . 823

Cushing, John, 219, 220, 341, 384, 443, 561, 663, 741, 743,
810, 817, 818, 823, 947, 957, 960, 962,
1065, 1056, 1063, 1071, 1084, 1085

Cushing, Joseph, 1082

Ciishing, Thomas 888

Cushnoc, 746, 948

Cutler, Elisha 728

Cutt, Foxwell Curtis 816

Cutt, Richard, 957, 959, 1064, 1071, 1083, 1084, 1085
Cutt, Richard, Junior, 663

».

Dalton, Michael 826

Damariscotta River, 673

Dana, Richard 826

Danforth, Samuel, 113, 220, 341, 442, 450, 505, 507, 508,

500, 561, 822, 823, 836, 943, 947,

1083, 1035

Danvers, 432, 598, 626, 685, 706, 838, 849, 876, 968, 1054

Dartmouth, 57, 94, 164, 230, 236, 341, 351, 397, 439, 589,

631, 630, 771, 854,878,973

Davis, Benjamin, 955, 1068

Davis, Edward 955, 1063

Davis, James,, 663

Davis, Solomon, 950

De Bary, A 835

Dcdham, 51, 88, 158, 225, 231, 283, 347, 391, 430, 584, 626,

635. 706, 849, 875, 968, 1060, 1061

Deerfield, 54, 91, 161, 227, 283, 349, 394, 436, 586, 628, 671,

672, 768, 851, 877, 970

Deerfield River 672, 687

Deland, Paul VSO, 819

Denmark, 835

Dighton, 57, 94, 164, 215, 220, 230, 236, 341, 342, 351, .397,
439, 589, 631, 690, 771, 854, 878, 973

Dodge, Francis 780, 819

Dodge, Joshua V80, 819

Dodge, Joshua, Junior 780, 819

Dolphin, (The brigantine) 955

Dorchester, 44, 45, 51, S3, 158, 225, 258, 259, 231, 347, 391,

420, 421, 433, 584, 626, 085, 766, 849, 875,

9o8, 982

Dorchester Neck, 259, 420

Dorringtou, John 955

Douglass 587, 629, 689, 770, 853, 878, 973

1094

Index of ]^ames.

Page

Dowcot, Margaret, i 1058

Dowse, Nathanic-1, 1065, 1066, 1C67

Dracut, 53, 90, 160, 227, 283, 349, 393, 435, 5S5, 62S, 6S7,
708, 851, 876, 970, 10o8

Draper, Richard 140

Dudley, 55, 93, 162, 228, 341, 350, 395, 427, 587, 629, 089,
769, 819, 853, 878, 972, 1038

Dudley, Joscpb .5, 138, 140, 220

Dukes County, 60, 64, 65, 96, 97, 156, 165, 166, 231, 232,
287, 352, 353, 398, 399, 440, 441, 448,
580, 591, 032, 6ol, G03, 654, 691, 692,
732, 742, 772, 773, 816, 817, 823, 855,
856, 879, 957, 958, 974, 975, 999,
1050, 1063, lOj 1, 1072

Dummcr,Fort, 948,949

Duinmcr, William, 218

Dumrnot, Joseph 708

Dunstable, 53, 90, 160, 227, 283, 349, 393, 435, 585, 62S,

687, 768, 851, 877, 961, 970, 1054, 1057,

1058, 1059

Dupplin,Thomas,Viscount,217, 276, 457, 458, 459. 460, 461

Duxbury, . 56, 163, 229, 285, 350, 395, 438, 588, 630, 689,

770, 853, 878, 972

Dwight, Joseph, 450, 504, 505

Dwight, Josiah, . . . 450,505,823,940,959,901

Dwiglit, Timothy 1004

Dyre, Eliphalet, 1075

Eastern-Harbor Meadows, 209, 210, 219, 220, 516, 869

Eastern Indians 218, 642

Eastham, 26, 27, 57, 94, 163, 229, 285, 326, 338, 339, 341,

351, 396, 439, 501, 502, 503,538, 630, 690, 878,

973, 1038, 1039, 1082
Easton, 57, 94, 164, 230, 286, 351, 397, 439, 589, 631, 690,

771, 854, 879, 973
Edgartown, 59, 64, 96, 156, 165, 231, 287, 352, 398, 440,

590, G32, 691, 772, 855, 878, 974

Edgcumbe, Richard, 830

Edson, Josiali, Junior 341

Edwards, Rev. Jonathan 49

Eggleston, William 70S

Elbows, 55, 92, 161, 228, 284, 349, 394, 436, 586, 599, 628,

688

Elizabeth, (The brigantlnc) 945

Ellery, William 708

Emerson, Edward, 708

Endicott, Samuel , . . 838

Enfield, 54, 91, 161, 227, 283, 349, 394, 436, 586, 628, 687,

768, 851, 877, 970

England 455, 508, 556, 746, 1076

English 942, 944, 954

Englishmen, 824

Eppes, Daniel 606, 817, 1054

Eppcs, Daniel, Junior 838, 957, 1083

Ecxuivalcnt Land, 730

Erving, John, 816, 945, 951, 1056, 1057, 1060, 1061, 1062,
1063, 1005, 1066, 1067, 1071

Esqueb, . 955

Essex, County of, 52, 59, 64, 67, 89, 96, 132, 159, 166, 182,
225, 232, 269, 281, 287, 347, 353, 372,
381, 382, 399, 434, 441, 448, 449, 538,
574, 584, 591, 626, 632, 661, 663, 664,
685, 692, 725, 726, 741, 742, 755, 766,
773, 799, 816, 817, 823, 824, 849, 856,
876, 879, 891, 893, 957, 958, 962, 968,
975, 1037, 1058, 1063, 10C4, 1071,
1072,1083, 1084, 1085
Etter, Mr., 559

Pagk

Europe, 1028, 1062, 1082

Eveleth, Isaac 824

Falltoouth, 57, 58, 64, 94, 95, 163, 164, 229, 231, 285, 286,

S41, 351, 352, 396, 397, 439, 440, 588, 589,

630, 631, 690, 691, 732, 746, 771, 854, 855,

878, 879, 973, 974

Fane, Francis, 67, 137, 138, 139, 216, 217, 276, 449, 457,

458, 459, 460, 461, 830, 831

Fancuil Hall, 454, 825

Fanuington River, 712

Farnum, Daniel 538, 539, 560

Farnum, Elizabeth 939

Farnum, John, Junior 939

Farrell, Thomas, 954

Fitch, Jonas, 1072

Fitch, Thomas 943, 1075, 107T

Fitch, Timothy 945, 950, 954

Five-Mile River Bridge 780, 819

Flint, Samuel 606

Flucker, Thomas, 1053, 1055, 1056, 1061, 1062, 1063, 1064,

1065, 1066, 1067

Folger, Abijah, 341

Folger, Abishai, 448, 663, 742, 816, 817, 957, 1063, 1064, 1071

Forrester, Mr., . . 831

Foster, Jedediah 813

Foster, Thomas, 313, 342, 44S, 456, 504, .506, 557, 561, 816,
817, 945, 1056, 1057, 1059, 1061, 1071,
1083

Fowle, Daniel 508

Fowle, Jacob, 826, 837

Fox, Henry, 954

Fox, Jabez, .742

Foxcroft, Francis, , . . ■ . . . 342, 1085

Foxhill 808

Foye, John, 961

Foyc, William 454, 456, 649, 664

Framingham, 53, 90, 160, 227. 282, 348, 393, 435, 585, 627,

686, 763, 850, 876, 969

France, 143, 172, 216, 217, 218, 327, 835, 833, 949, 950, 955,

956, 957, 1047, 1050, 1062, 1068, 1070, 1071, 1081,

1083, 10S4, 1085

Francis, Abraham, 709

Frankfort, . . . • 660, 943

Franklin, John 680, 6SI, 836

Frederick Fort, 24, 76, 154, 190, 207, 242, 245, 254, 292,
297, 314, 371, 376, 409, 489, 948

Frcem.an, David, . 664

Freem.an, Isaac 708, 826

Freeman, John 663

Freeman, Joseph, 341

Freeman, Nathaniel, 502

Freetown, 58, 86, 95, 164, 230, 286, 341, 351, 397, 439, 589,

631, 690, 771, 854, 878, 973

French, 814, 838, 865, 866, 893, 940, 941, 942, 943, 944, 960,

986, 1051, 1069, 1070, 1076, 1080, 1081

Frenchmen, 884

Friendship, (The brig.antine) 945

Frost, Charles 383

Frost, Simon, 333, 448, 508

Fry, Peter 817

Frye, Joseph 1081

Fryer, Edward 708

Fuller, Amos 1061

Fuller, Jonathan 703

Fuller, Timothy, 664

Fundy, Bay of, 833

Index of Kames.

1095

Gaffney, John, .

Gage, Thomas, . .

Gallop, Samuel, .

Galusha, Jonah, .

Galusha, Sarah, .

Gardiner, Sylvester, .

Gardner, Christopher,

George I., 203, 307, 483, 486, 561, 567,

Page

. 709

708, 955

. 1054

. 680, 681

. 70S

723, 756, 811, 8G8,

989, 1041

George II., 437, 545, 552, 715, 835, 838, 948, 949, 950, 955,

956, 957, 1045, 1068, 1070, 1071, 1081, 1083,

1084, 1085

Georgia 960, 1057

George's Truck House, (.we St. George's River.)
Georgetown, 58, 95, 165, 231, 287, 352, 308, 440, 589, 631,
684, 691, 771, 855, 879, 974

Germans . . . 536

Germaiitown, 1053, 1086

Germany, 560, 835

Gerrish, Joseph, . . 384, 538, 589, 816, 1056, 1064

Gibhs, Barnabas, 960, 1057

Gibbs, Daniel 824

Gibbs, Ilonry, . 666, 725, 816, 957, 1060, 1061, 1063, 1064

Gidding, Daniel, 10C4

Gilbert, Josiah, .■780

Giles, Charles 708

Gilmour, Charles 216

Gloucester, 52, 89, 159, 226, 282, 348, 392, 434, 584, 626,
686, 706, 824, 831, 832, 850, 876, 960, 969,
1056, 10.38-

Godfrey, George 1055

Goldsbury, John, 504

Goldthwait, Thomas 1064, 1066

Goodwin, Ichabod 824, 958, 962, 1072

Gordon, William, 709

Gorham, David, 449, 742

Gorham, John 960, 1057

Gould, James 708

Governor's Island, 182

Gowen, James, 1063

Gowen, William, 708

Gower, B. Leveson, 70, 217, 458, 459

Grafton, 39, 40, 55, 93, 162, 223, 284, 341, 3.50, 395, 437,
587, 629, 689, 770, 853, 878, 961, 972, 1057

Graham, John 70S

Grant, Samuel, . . . . • . . . 888, 934

Granville, 712, 713

Gravel mil 729

Gray, Asa, f 835

Gray, Harrison, . 539, 559, 600, 618, 635, 664, 696

Great Brewster, 567

Great Britain, 6, 81, 85, 188, 271, 275, 367, 403, 407, 430,
450, 455,456, 457, 460, 461, 468, 471,
509, 518, 522, 552, 576, 580, 619, 023,
642, 697, 701, 714, 762, 804, 813, 820,
828, 835, 836, 838, 842, 846, 894, 807,
931, 933, 937, -949, 950, 9.53, 955, 956,
957, 1002, 1044, 1049, 1057, lOGS, 1070,
1071, lOSl, 1083, 1084, 1085

66
. 9.59

Green, Benjamin, 951

Green, John, 780, 819

Green, Nathaniel, 817

Green, Stephen 789,819

Greene, Thomas, . . . 448, 680, 681, 743, 826
Greenfield, . ... 671, 769, 852, 877, 948, 971

Greenleaf, Benjamin, 741

* The Earl of Ilalifax after his marriage to Miss Annio
that of Montague. Sec Collins Peerage.

Great Pond,
Green, Benjamin,

Pack
Greenleaf, John, . . . 638, 819, 961, 1056, 1057
Greenwich, .... 730, 709, 852, 877, 971

Greenwood, Thomas, 957

Greiivillo, James, . 276, 457, 458, 459, 509, 830, 831, S33
Gridloy, Jeremiah, . 817, 947, 951, 962, 1062, 1071, 1085

Gridley, Richard 947

Griffin's Island 27,501,1038,1082

Groton, 53, 90, 160, 226, 283, 343, 393, 435, 585, 627,- 637,

652, 653, 687, 767, 818, 851, 876, 970

Gunter, Thomas, .... 558, 680, 681, 743

Hadley, 49, 54, 91, 161, 227, 283, 349, 394, 433, 586, 628,

605, 656, 6S7, 768, 851, 877, 970

Hale, Robert, . . . 195, 219, 454, 815, 823, 1085

Halifax, 56, 93, 163, 229, 285, 351, 396, 430, 588, 630, 689,

746, 770, 853, 878, 951, 956, 959, 973, 1062

Halifax (N"ova Scotia), 865

Halifax, George Montague, Earl of,* 276, 457, 458, 459,
509, 745, 830, 831, 833, 1076

Halifax, Fort, 948

Hall, Andrew 456, 504, 508, 558

Hall, Elihu, 1075

Hall, Hugh, 456, 504, 508, 553

Hallowcll, Benjamin, Junior, .... 708, 1068

Hammet, Abraham, 70S

Hampshire, County of, 26, 49, 54, 59, 64, 65, 91, 96, 161,
106, 227, 232, 283, 287, 349, 353,
394, 399, 436, 441, 448, 586, 591,
599, 616, 628, 632, 656, 663, 664,
670, 687, 692, 712, 730, 741, 742,
744, 768, 773, 816, 817, 823, 851,
856, 877, 879, 957, 958, 962, 975,
1063, 1071

Hancock, Thomas 1066

Handfield, John, 1056

Hanlcy, Rebecca 49

Hanover, 56, 93, 163, 229, 285, 351, 396, 438, 583, 630, 689,

770, 824, 853, 878, 961, 970, 972, 1057

Hardwick, . . 395, 438, 587, 629, 689, 769, 853, 878, 972

Harrington, Edward 958, 962, 1072

Harrington, George 780, 819

Ilartwell, Edward 1064

Harvard, 55, 92, 162, 223, 284, 350, 395, 437, 587, 629, 689,

769, 853, 878, 972, 1058

Harvard College, 61, 98, 166, 233, 238, 354, 400, 425, 497,

504, 592, 605, 633, 662, 680, 693, 749,

774, 816, 857, 929, 976, 1052

Harwich, 57, 94, 163, 229, 285, 341, 351, 396, 439, 502, 503,

588, 630, 690, 770, 854, 869, 878, 973, 1082

Hassanamisco 39, 40

Hatch, James,

Hatfield, 54, 91, 161, 227, 2S3, 349, 394, 436, 536, 628, 687,

768, 851, 877, 970

Hatterick, Jacob 559

Haverhill, 52, 89, 159, 226, 282, 348, 392, 434, 584, 626, 686,

766, 850, 876, 969
Hawk, (The brigantine)
Hawloy, Joseph,

Ilawlcy, Josiah, .
Haywood, Phineas,
Heath, Joseph, .
Henshaw, Daniel,
Ilcnshaw, Joshua,
Horrick, Israel, .
Herring Pond, .
Herring River, .
Hew, Simon,
Hewcs, Samuel, .

83,4

638, 81

259, 260, 72

213

, 1063, 1071

816

818, 819, 823

50, 454, 456, 505, 503

1060

. 1072

. 1083

2, 723, 1040

. 833

Dunk in 1741, assumed the name of Dunk in addition to

1096

Index oe Kames.

Page
Hill, John, 384, 663, 780, 816, 817, 819, 823, 1063, 1083, 1084

Hill, Samuel 816, 958

Hill, Tbomas 216, 276, 341, 383, 888

Hinckley, Isaac 1064

Hiugliam, 51, SS, 158, 225, 281, 347, 301, 433, 584, 626, 685,

766, 849, 875, 968

Hobbs Town, 948

Hodges, James 708

Holburne, Fra'ncis 1081

Holden, . . . 587, 029, 689, 769, 853, 878, 972

Holdernesse, Robert Darcy, Earl of, . . . 1085

Holliston, 50, 90, 160, 226, 283, 348, 393, 435, 585, 628, 687,

768, 851, 876, 970, 1058

Honduras, (The ship) 956

Honduras, Bay of, . . . 945, 950, 954, 955, 956

Honeyman, James 1075

Hooper, Robert 826, 837, 944, 951

Hooton, John, 956

Hooton, Richard 956

Hopkins, Stephen, 1075

Hopkinton, 54, 91, 161, 227, 283, 349, 303, 435, 586, 627,
684, 687, 767, 850, 876, 969, 1059

Horseshoe 215

Howard, Enoch 956

How, John, 665

How, Matthias, 665

Howland, Nathaniel 708

Hubbard, Thomas, 342, 384, 450, 454, 456, 505, 507, 508,
561, 600, 618, 635, 680, 681, 696, 743,
963, 1074, 1079
Hull, 51, 88, 158, 225, 281, 347, 391, 433, 584, 626, 685, 766,

849, 875, 968

Humphreys, Richard 708, 955

Hunt, John, 663, 742, 1058, 1063

Hunt, Samuel, 135, 341

Hunt's Hill 729

Hunt, William ■ . 341

Husscy, Obed, 742, 817, 823

Hutchinson, Thomas, 5, 195, 218, 219, 454, 457, 507, 508,
539, 559, 560, 664, 705, 815, 822,
941, 943, 946, 951, 959, 900, 1056,
1058, 1063, 1073, 1074, 1077,
1078, 1083, 1084
Hutchinson, William, .... . . 708

Inches, Joseph 708

Ingcrsoll, David 638, 817

Ingraham, Duncan, 945, 954

Ingraham, Francis, 708

Ipswich, 52, 64, 67, 70, 71, 89, 132, 159, 182, 225, 269, 281,
347, 391, 434, 574, 584, 626, 684, 685, 726, 706,
799, 835, 849, 876, 891, 892, 893, 951, 952, 953,
968, 1071

Ipswich Bay, 755

Ireland, 557, 835, 838, 949, 950, 955, 956, 957, 1068, 1070,

1071, 1081, 1084,1085

Isle of Sable, 11, 32, 115, 169, 192, 201, 205, 235, 256, 262,

295, 299, 303, 311, 316, 323, 336, 356, 358,

378, 381, 402, 410, 492, 594, 635, 695, 776,

859

Jackson, Edward, 1053

Jackson, Joseph 888, 1071

Jamaica, 955,956

James 1 444

James, Patrick 709

Jeffries, John 118 442

Page

Jeffry, James, 458

Jeffry'sNeck, 953

Jennings, Ebenezer, • . 780, 819

Jennings, John 780

Jenyns, Soame, 745

Jersey, East and West, 85, 188, 275, 367, 407, 471, 522,
580, 623, 701, 762, 846, 937

Johnson, Benjamin 372

Johnson, William, .... 872, 943, 947, 948

Jones, Elisha 742, 817, 824

Jones, John, 341, 708

Joslyn, Joseph, 824, 958, 961, 962

Jude, Harry 25, 26, 68

Jude, Jeremy 156, 300

Keene, Benjamin 72, 137, 216

Keep, Josiah, 957

Keith, Ephraim 861, 939, 940

Keith, James, 861

Kellogg, Ephraim 1054

Kellogg, Lydia 1054

Kemp's Bridge, 653

Kennebcck River, . 732, 745, 746, 800, 818, 835, 1081

Kensington 217, 461, 1068

Kilby, Christopher, . 67, 216, 217, 276, 454, 455, 456, 824,

825, 826, 831, 832

King George, (The ship) . 1065, 1066, 1067, 1063

Kingston, 56, 93, 163, 229, 285, 351, 396, 438, 586, 588, 628,

630, 688, 689, 770, 853, 878, 972

King Street 360, 467, 509, 1076

Kirkwood, James, 703

Kittery, 58, 95, 164, 231, 286, 352, 397, 440, 580, 631, 684,
691, 771, 854, 879, 974

Kneeland, Samuel, 508

Knowles, Samuel, ....... 341

I..

Lamb, Joshua, 140

Lamb, Matthew, 276, 341, 383, 447, 448, 458, 459, 460, 504,
508, 509, 556, 605, 606, 740, 741, 815,
816, 939j 1054

Lamb's Town 730

Lancaster, 55, 92, 162, 228, 284, 350, 394, 437, 587, 629, 769,
852, 877, 971, 1055, 1060]

Lancaster River, 637, 653, 683)

Larrabeo, John, 836

Lawrence, Charles, .... 828, 944, 1057, 1O60
Lawrence, William, 456, 504, 653, 663, 743, 817, 941, 943

• 958

Leach, John, . ; 817,961

Lcavitt, Dudley, 705, 987

Lebanon 948

Lo Blanc, Francis 1057

Lee, Jeremiah, 826

Lee, Thomas 384

Leicester, 55, 92, 135, 140, 102, 228, 284, 350, 395, 437, 587,

629, 653,. 654, 664, 665, 606, 684, 688, 769, 819,

852, 877, 971, 1060

Leominster, 56, 93, 162, 229, 284, 350, 395, 437, 587, 629,

689, 709, 853, 878, 972

Leonard, Ephraim, ..... 663, 816, 823

Leonard, George, 313, 448, 449, 603, 741, 816, 817, 823,

940, 957, 1063, 1064, 1071, 1083,

1085

Lewis, Philip 708

Lexington, 53, 90, 160, 226, 282, 348, 393, 435, 585, 627,

686, 728, 729, 767, 850, 876, 969

Lincoln 728, 729, 768, 851, 877, 970

Index of Kames.

1097

Liucoln, Benjamin,
Lincoln's Inn,
Lindall, Timothy,
Lithgow, William,
Little, Isaac,
Little, John,
Little, Nathaniel,
Little Compton,

Page
947, 953, 959, 1083, 10S5
. 459

. 745

448, 456, 508

. 959

824, 958, 962, 1072

57, 94, 164, 230, 286, 351, 356, 357, 397,

402, 403, 439, 589

Littleton, 54, 91, 161, 227, 283, 349, 393, 435, 586, 627, 687,

720, 767, 850, 876, 961, 969, 1057, 1058

Livermore, Samuel, 741,- 943, 946, 951, 957, 959, 1060,

1061, 1066
London, .... 430, 457, 824, 826, 1075, 1076

Longacre Street, 743

Loring, Joshua, 708

Loudoun, John Campbell, Earl of, 1024,1031, 1073, 1074,

1075, 1076, 1077,
1079, 1080, 1081

Louis XV., 959

Louisbourg, 249, 453, 459, 626, 663, 814, 838, 865, 871, 8S1,
884, 939, 940, 944, ofl, 1028, 1062, 1060,
1067

Lovejoy, William 384

Lovell, Joseph, 1066

Lowell, John, 604

Lowell, Rev. John 800

Lumbarts, John, 739

Lunenburg, 55, 92, 162, 228, 284, 350, 395, 437, 587, 629,
637, 689, 769, 853, 878, 972

Luscomb, Samuel 341

Luther, Henri Ehrenfried, 560

Lyman, Gideon, 952, 10G3

Lyman, Phineas, 44S, 1075

Lynde, Benjamin, 432, 456, 507, 663, 664, 666, 741, 743,
815, 817, 823, 947, 952, 957, 1058,
1063, 1064
Lynn, 52, 89, 159, 225, 282, 347, 392, 434, 584, 685. 766, 849,

876, 968, 1085

Madeira (wine,) 81, 184, 271, 364, 368, 403, 407, 468, 472,

518, 523, 576, 581, 618, 623, 697, 758,

763, 841, 846

Maiden, 53, 90, 140, 160, 226, 283, 348, 393, 435, 585, 627,

686, 707, 850, 876, 969

Manchester, 52, 89, 132, 159, 226, 282, 348, 392, 434, 585,

627, 686, 767, 850, 876, 969

Man's Brook 712

Mansfield, Thcophilus 723

Marble, Daniel ♦ . . . .838

Marblehcad, 52, 89, 159, 225, 281, 347, 392, 434, 584, 626,
684, 685, 766, 767, 824, 826, 831, 832, 837,
849, 876, 968, 1058
Marcy, Moses, . . . 666, 741, 782, 817, 823, 1060

Margaret, 78

Marine Society 708, 709, 744

Marlborough, 53, 90, 160, 226, 282, 348, 393, 435, 585, 627,

686, 850, 876, 969

Marsh, Joseph, 816

Marshficldj 56, 93, 163, 229, 285, 350, 395, 438, 588, 630,
689, 770, 853, 878, 959, 972, 1061

Marshpee 341

Martha's Vineyard, . . . 341, 723, 724, 834, 1027

Mary, (The schooner) 956

Mary, Queen, 12, 14, 18, 34, 47, 71, 116, 270, 276, 305, 384,
449, 488, 550, 782, 872, 924, 1000, 1001,
1029
Massachusetts, (The frigate) .... 1062, 1066

138

Pagb

Massachusetts and Massachusetts Bay,

5, 18, 33, 50, 69, 71, 72, 75, 81, 85, 138, 140,
148, 156, 182, 184, 216, 217, 222, 236, 241,
271, 279, 322, 345, 363, 371, 389, 403, 411,
422, 442, 458, 459, 460, 461, 462, 465, 467,
495, 499, 507, 508, 509, 513, 515, 518, 531,
544, 555, 556, 568, 574, 576, 582, 604, 610,
616, 618, 625, 639, 673, 679, 697, 717, 733,
749, 750, 756, 758, 764, 782, 801, 804, 830,
831, 832, 833, 834, 837, 841, 862, 864, 883,
884, 894, 896, 899, 903, 925, 931, 932, 940, •
942, 947, 949, 956, 957, 980. 1002, 1010,
• 1048, 1068, 1070, 1074, 1075, lOSO, 1031,

1033, 1084

Massachusetts, Fort 558, 559, 948

Masterman, Marmaduke, 1066

Maxey, Thomas, 1071

Mayhew, Matthew, 1064

Mayhew, Payne, 663

Mayhew, Zaccheus, 341, 448, 663, 742, 816, 817, 823, 1063,

1071

Mayo, Joseph 339

McCarty, Daniel 708, 956

McNeal, Adam 708

Medfield, 51, 86, 88, 158, 225, 281, 347, 391, 433, 584, 626,

685, 766, 849, 875, 968, 1058

Medford, 53, 90, 160, 227, 283, 349, 393, 435, 585, 627, 687,

767, 850, 876, 956, 969

Medford River 811

Medway, 51, 83, 158, 225, 281, 347, 391, 433, 584, 626, 685,

766, 849, 875, 968, 1058

Melancon, Benoni 1060

Mendon, 55, 92, 162, 223, 284, 350, 394, 437, 537, 629, 633,

769, 877, 971

Mermaid, (The ship) 950, 1062

Merrimack, (The schooner) 956

Merrimack River, 809, 810, 948

Methuen, 52, 89, 159, 226, 282, 348, 392, 434, 585, 627, 636,

767, 850, 876, 969, 1058
Middleborough, 56, 93, 163, 229, 285, 341, 351, 396, 438,

483, 588, 630, 647, 689, 770, 853, 861,
878, 939, 972

Middleburg, (The brigantine) 955

Middlesex, County of, 41, 53, 59, 64, 90, 96, 160, 166, 168,
226, 232, 334, 232, 287, 341, 348,
353, 392, 399, 435, 441, 448, 449,
567, 585, 591, 627, 632, 661, 663,
664, 685, 692, 719, 723, 741, 743,
767, 816, 817, 823, 824, 850, 856,
876, 879, 957, 960, 969, 975, 1037,
1054, 1057, 1053, 1060, 1063,
1064, 1071, 1072
Middleton, 52, 89, 159, 226, 282, 348, 392, 434, 585, 627,
664, C86, 705, 767, 850, 876, 961, 969, 1057

Mile Square 780, 819

Miles Bridge 432

Miller, Samuel, 219, 341, 342, 456, 817, 945, 958, 959, 1064

Miller's River • . . . .713

Milliken, Edward 957

Milton, 51, 88, 158, 225, 281, 347, 391, 433, 5S4, 626, 685,

766, 849, 875, 968
Minot, James, 504, 508, 561, 729, 730, 817, 946, 1057, 1082,

1083, 1085

Mitchel, Joseph 959, 960

Mitchel, Thomas 709

Moab, Mercy 25, 26

Monatiquot, 485, 647

Monson, Lord John, 70, 72, 217

1098

Index of ^ames.

Tage

Montague, 713, 707, 851, 877, 971

Moor, Thomas 780, 819

Morcy, George 742

Mercy, Thomas, . . 817, 940, 957, 1056, 1003, 1004

Morris, James 1060

Moulton, Jeremiah, 448, 508, 663

Mountain Gate, , 655

Mount Ilolyoke 655

Mower, Richard 7C8

Muis, Charles 1059, 1061

Murray, John 745,961,1063

IV.

Naraasket River, 483

Nantucket, 25, 26, 78, 79, 144, 156, 276, 300, 301, 341, 679,
723, 724, 915, 916, 1C27, 1055, 1062
Nantucket, County of, 59, 60, 64, 96, 97, 156, 165, 166, 231,
232, 287, 353, 398, 399, 441, 448,
449, 568, 590, 591, 632, 663, 691,
692, 742, 772, 773, 816, 817, 823,
824, 855, 856, 879, 957, 958, 902,
974, 975, 1003, 1064, 1071, 1072

Narragansctt 49

Natick, 101, 108, 234, 283, 341, 349, 394, 436, 5S6, 628, 687,

708, 851, 876, 970 1058

Needham, 51, 88, 158, 225, 281, 347, 391, 433, 584, 026, 685,

760, 849, 875, 968, 1001

Nelson, Thomas, . 728

Neptune, (The brigantine) 945

Nc-w Boston 948

New Braintree, District of, 770, 780, 819, 852, 87", 971
Newbury, 52, 64, 70, 71, 89, 159, 225, 281, 347, 392, 434,
538, 560, 584, 604, 605, 626, 685, 766, 800,
824, 849, 870, 944, 968, 1058

New Castle, 673

New Castle, Thomas Holies, Duke of, . . . 5

New England, 70, 72, 81, 138, 140, 184, 195, 217, 271, 363,
373,403,425, 453, 455, 458, 401, 467, 509,
518, 570, 577, 618, 097, 608, 709, 746, 758,
759, 826, 830, 833, 834, 837, 841, 884, 923,
932, 942, 943, 947, 954, 1002, 106S, 1070,
1074, 1076, 1077, 1083, 1084
Newfoundland, . 838, 865, 944, 950, 954, 956, 1030, 1046

Newfoundland, Banks of, 1062

Ncwhall, Benjamin, 663, 1056

New Hampshire, 85, 188, 275, 367, 368, 384, 407, 4S0, 435,
430, 437, 454, 457, 461, 471, 506, 518,
522, 577, 580, 619, 623, 653, 656, 697,
701, 714, 715, 758, 702, 846, 919, 937,
941, 949, 956, 957, 9.02, 1031, 1044,
1045, 1073, 1074, 1075, 1077

New Gloucester 94S

New Jersey, 941, 942, 943, 954

New Lisbon 49, 70

New Marlborough, . . 587, 028, 088, 709, 852, 877, 971

New Plymouth, 746

New Sale m 49,670,852,877,971

Newton, 53, 90, 100, '226, 269, 283, 348, 393, 435, 585, 627,
686, 707, 850, 870, 969, 1060, 1001, 1004

Newtown, 666, 1059, 1061

New York, 85, 188, 275, 367, 407, 471, 522, 580, 623, 701,
705, 762, 815, 846, 919, 923, 937, 941, 942,
943, 954, 962

Niagara 942, 943

Nitchawog, 587, 629, 689, 731

No. One (in line of towns), . , . 852,877,971

Nobscussct Meadow, ..... 480, 487, 808

North America, 814, 871, 881, 902, 958, 1024, 1028, 1074,

1076, 1077, 1080, 1082

Page

North American Territories 865

North Bridge 730

North Carolina 949

North Field, (Salem) 838

North River 485, 546, 868

North Yarmouth, 58, 95, 165, 231, 287, 352, 398, 440, 589,

031, 684, 091, 771, 855, 879, 974

Northampton, 54, 64, 91, 101, 227, 283, 349, 394, 436, 586,

038, 087, 708, 818, 851, 877, 970

Northfield, 8, 23, 30, 55, 76, 91, 112, 161, 227, 284, 349, 394,

430, 586, 628, 687, 768, 851, 877, 948, 970

Norton, 57, 94, 164, 230, 286, 351, 397, 439, 589, 631, 690,

742, 771, 854, 878, 973

Norton, John, . 448, 603, 742, 816, 823, 1003, 1004, 1071

Nossett Beach, 338, 339

Nossett Meadow 338, 339, 646

Nottingham, 160, 227, 283, 349, 393, 435, 585, 628, 687
Nova Scotia, 139, 195, 342, 452, 453, 828, 887, 917, 918, 940,
951, 958, 959, 900, 984, 1055, 1056, 1057,
1058, 1059, 1060, 1061, 1081, 1084

Nova Scotians, French 1059

Noyes, John, 955, 1060

Oarashoe, 140

Oersted, Hans Christian 835

Ohio River 940, 942

OWtown Ferry 538, 560

Oliver, Andrew, 341, 342, 383, 384, 450, 454, 456, 505, 507,
508, 558, 559, 561, 600, 618, 035, 604,
680, 681, 696, 743, 822, 946, 951, 1055,
1056, 1062, 1070, 1071, 1081, 1083,
1084, 1085

Oliver, Peter 708

Oliver, Thomas 703

Ordnance Packet, (The brigantine) . . . 954

Ormes, John, 604, 605

Orne, William, . 703

Orphan Tecliao, (The sloop) .... 155, 190
Osborne, John, 454, 455, 456, 487, 941, 1066, 10S3, 1084, 1085

Oswald, James, 745, 831, 1070

Oswego 943, 1075

Otis, James, 341, 383, 450, 456, 505, 558, 560, 501, 603, 604,

705, 741, 743, 815, 816, 817, 818, 823, 941,

946, 947, 951, 957, 959, 1003, 1071, 1073,

1074, 1085

Otis, John, 448, 449, 450, 505, 663, 741, 810, 817, 823, 943,

951, 957, 1058, 1003, 1083, 1084

Otis, Solomon 817

Oxford, 55, 92, 162, 228, 284, 350, 395, 437, 587, 629, 088,
769, 781, 819, 852, 877, 971, 1059, 1060

Palmer,

599,

688,'

•68, 852, 877, 971

Palmer, EUakira,

. 430, 457

Palmer, Joseph, .

1053, 1054

Pamit Harbor, .

. 733.

Pamit Meadows,

. 739

Pamit River,

. 739

Paris and Lyons Railway,

. 835

Parker, Daniel, .

Parker, Grace, .

41, 42, 69

Parker, Isaac, .

Parker, John, .

Parker, Marj', .

. 939

Parker, Phineas,

. 939

Parker, River, ,

. 533

Parks, Ephraim,

. 728

Parks, Josiah, .

. 728

IlSTDEX OF ^N'AMES.

1099

Page

Parks, William 780, 819

Parsons, 'William, 824, 8'2.3

Partridge, Oliver, , 383, 559, G03, 705, 741, 743, 823, 961

Partridge, Samuel 383

Pnssmoro, Roger 708

Patch, John, Junior, 892

Patten, Nathaniel 708

Paupogquincog, 140

Payne, Edward 824, 825

Payne, John ' 750

Payne, Jonathan, 210

Payne, Timothy, 817, 957, 1056, 1000, 1063, 1071, 1085

Pearsons, 94S

Peggy, (The hrigantine) 949, 954

Pelerine, John, 1061

Pclham, . . 49, 586, 628, 688, 744, 768, 852, 877, 971

Pclham, Thomas, 831, 833

Pemaqnid, 948

Pemhroko, . 56, 93, 163, 229, 285, 341, 350, 395, 433, 588,

630, 689, 770, 853, 878, 901, 972, 1057

Pennsylvania, 85, 188, 275, 367, 407, 471, 022, 580, 623, 701,

762, 846, 937, 941, 943

Penobscot, 218

Penobscot Ci-ibe 943

PeppercII, District of,
Pppperell, William,

21"

653, 687, 768, 818, 851, 877, 970

456, 503, 941, 942, 953, 1067, 1073,

1083, 1084

817

1058

731,745,770,853,878,972

'. . . . 1055

217, 709, 826, 950

945, 1066

515, 514, 557, 560, 574, 604, 615, 639,
79, 884, 943, 949, 950, 957, 1068, 1070,
U, 1073, 1078, 1081

. 504
. 1059
. 503
. 943
76, 453, 459, 460, 461, 509, 833
. 1080, lOSl
. 826
. 003
. 799
182, 574, 755
70, 72, 137, 216, 217
56, 64, 65, 71, 93, 162, 229, 285, 341, 350, 395,
428, 429, 438, 588, 630, 639, 770, 817, 853,
869, 878, 900, 972, 999, 1050, 1055, 1059,
1061, 1063, 1033

Plymouth Beach, 423, 869

Plymouth, County of, 56, 59, 64, 65, 93, 96, 162, 106, 229,
232, 285, 287, 350, 353, 395, 309,
43S, 441, 443, 483, 588, 591, 630,
632, 651, 663, 664, 639, 602, 726,
741, 742, 770, 773, 816, 817, 823,
824, 853, 856, 861, 873, 379, 939,
957, 961, 972, 975, 999, 1050,
1063,1071, 1072
Plynipton, 50, 93, 162, 229, 235, 350, 395, 433, 588, 630,

Perkins, Thomas,
Perline, Magdaline,
Petersham, .
Phelps, Asahel, .
Phillips, John, .
Phillips, John, Junior,
Phips, Spencer, 504,
6
. 10
Phips, William, .
Pickman, Benjamin,
Pierson, iloses, .
Piscataqna River,
Pitt, John, . . 70
Pitt, William, .
Plaisted, Ichabod,
Plaisted, Joseph,
Pleasant Pond Brook
Plum Island,
Plumraer, Richard,
Plymouth,

689,

Point Shirley,
Pollard, Benjamin,
Pomroy, Ebcnezcr, Junior,
Pomro5', Elisha,
Pontoosuck,

porter, Eleazer, 656, 663, 606, 671, 741, 743, 816, 817, 823,
943, 944, 957, 1003, 1071

0, 853, 878, 972
. 1057
, 1058
. 559
. 953, 902
. 948

Page
. 742

. 835
. 709
. 494
. 456
5, 459

5, 1054, 1067
. 1066

. 741,952
. 1071

.1065

. 449

. 817

. 833

. 703

. 703
1006, 1067

. 220

Porter, Jonathan,
Porter, Samuel, .
Potts, Thomas, .
Portugal,
Powell, Jeremiah,
Pownall, John, .
Pownall, Thomas,
Pratt, Benjamin,
Prcbblc, Jedediah,
Prentice, Henry,
Prescott, Benjamin,
Price, Ezekicl, .
Prince, James, .
Prince, Job,
Prince, Joseph, .
Prince of Wales, (The snow)
Prout, Timothy, .
Provincetown, 57, 94, 117, 118, 163, 210, 211, 219, 220, 230,

326, 984

Pursue, (The brigantine) 954

Pynchon, Joseph, 448, 504, 505, 503, 336, 943, 951, 958,

1033, 1034, 1085

Quabin, 49, 586, 628, 683, 730

Quaboag River 780

Quakers, . . . 126, 127, 362, 915, 916, 1025, 1055

Quebec 746

Quincy, John, 195, 219, 456, 500, 507, 508, 500, 743, 813,

951,957,953, 900, 962, 1053, 1055,

1063
Quincy, Josiah 1053

Race Point 219

Rainsford's Island, . . 124,476,477,574,855,1042

Ralph, John 1082

Ralph, Thomas, 1083

Ralph's Brook 729

Rand, Samuel 467

Rand, WafTe, 708

Ranger, Joseph, Junior, 780, 819

Raynham, 58, 95, 161, 230, 286, 352, 397, 439, 583, 611,

60n, 771, 854, 861, 879,973

Reading, 53, 90, 160, 226, 232, 34S, 393. 435, 585, 627, 636,

767, 850, 870, 969

Read, Richard, 1063, 1005

Read, William .504

Road's Land 730

Rcb<>cca, (The brigantine) 955

Rchoboth, 57, 94, 164, 215, 220, 230, 286, 341, 351, 397, 439,
540, 539, 631, 690, 771, 854, 878, 973

Remmick, Abraham, 703

Rhode I^^land, 85, 122, 188, 275, 307, 308, 350, 357, 367, 308,
402, 407, 430, 435, 436, 437, 454, 457, 461,
471, 432, 506, 518, 522, 577, 580, 619, 623,
698, 701, 714, 715, 758, 762, 846, 919, 937,
941, 943, 962, 1031, 1044, 1045, 1062, 1073,
1074, 1075, 1077

Rhodes, William 708

Rice, Obadiah 730, 819

Rich, John 780,819

Richards, Joseph, 341,816,823

Richardson, Caleb 1063

Richardson, WilUam, 443, 816, 823, 1055, 1063, 1071, 1080

Ricbmon.l, Fort, 8, 23, 30, 75, 112, 149, 153, 190, 207, 241,

245, 254, 292, 290, 314, 370, 376, 400,

489, 745, 740

Richmond, Sylvester, . . . 220, 341, 539, 561

1100

Index of IN^ames.

Tligby, Richard, .

Roadi, John,

Road Town,

Roads Farm,

Robbing, Nohcmiah, .

Robinson, Joseph,

Robinson, Thomas, .

Rochester, 56, 71, 93, 163, 220, 285, 351, 390, 4

Page

. 745

. 817

49, 852, 877, 971

. 599

. 1082
59, 460, 461
iS, 588, 600,
, 776, 853, 878, 972
508
708
892, 893, 953
824
118
448

Rogers, Gamaliel,
Rogers, Jeremiah,
Rogers, Samuel,
Rogers, Timothy,
Eotch, William,
Rowell, Thomas,
Rowley, 52,'89, 159, 225, 282, 347, 392, 434, 584, 626, 686,

766, 849, 876, 969
Roxbury, 51, 88, 158, 225, 281, 347, 391, 433, 584, 626, 685,

766, 849, 875, 968
Royall, Isaac, .... 561,947,959,1084,1085

Ruggles, Samuel 140

Ruggles, Timothy 68, 823, 824, 1064

Rumford, 52, 159, 226, 282, 348, 392, 434, 585, 627, 767

Russell, Chambers, 558, 559, 560, 815, 823, 947, 959, 1028.

1085

Russell, Daniel 649, 664, 939, 1084, 1085

Russell, James, 448, 456, 504, 506, 539, 558, 559, 560, 741,
816, 817, 823, 834, 836, 941, 944, 945,
951,955, 958, 961, 1061, 1063, 1964,
1071, 1086

Russell, John 1063

Russia, 704

Rutland, 55, 92, 162, 228, 2S4, 350, 395, 437, 587, 629, 653,

654, 665, 666, 688, 731, 769, 852, 877, 971

Rutland, "West District of, . . 769, 852, 877, 971

S.
Baco, 8, 23, 76, 112, 149, 154, 190, 207, 242, 245, 254, 292,
296, 314, 371, 376, 409, 489, 644, 948

Saoo River, 642, 948

Sagadahoc, 139

St. George's River, or truck-house, 8, 24, 30, 76, 112, 149,

154, 190, 207, 242,
245, 254, 292, 296,
314, 371, 376, 409,
489, 948
St. James, The court at, . . . . . 138, 140

St. Johns 956

St. Johns, Tribe of, . \ 218

Salem, 52, 64, 70, 71, 89, 159, 225, 281, 347, 382, 391, 432,

434, 419, 584, 598, 599, 604, 606, 026, 685, 704,

705, 73'), 70G, 803, 826, 849, 876, 968, 987,

1059, 1060

Salisbury, 52, 89, 159, 225, 282, 348, 392, 434, 584, 626,

686, 766, 819, 876, 969

Salmon Brook, 780, 819

Salter, Mal.-ichi, 70S

Saltonstall Meadows, 799

Sanders, Thomas, 824, 1066

Sandwich, 57, 94, 163, 229, 259, 260, 285, 339, 340, 341,
351, 396, 439, 417, 588, 630, 689, 722, 723,.
770, 854, 878, 973, 1040, 1083

Sandy Neck Meadow 339, 340, 646

Sargent, Daniel 1068

Sargent, Eppes, Junior, ..:... 824

Sayward, James 1064

Scarborough, 58, 95, 165, 231, 286, 352, 398, 440, 589, 631,

691, 771, 855, 879, 974

Schenectady 943

Page

Scituate, 56, 93, 162, 229, 285, 350, 395, 438, 485, 486, 546,
588, 630, 689, 770, 853, 868, 878, 972, 1060

Scollay, John, 883,949

Sebago Pond 553

Seconnet, 144

Setucket Harbor, 502, 869

Sewall, Stephen, 815, 822, 947, 1055, 10.56, 1058, 1084, 1085
Sharpe, William, . . 71, 138, 140, 217, 509, 830, 833

Sharrad, William 708

Shawshin, 749

Shecp.scot, . . .589,631,691,741,772,855,879,974

Sheepscot Narrows, 673

Sheffield, 65, 92, 161, 227, 28i, 349, 304, 436, 586, 628, 687,

768, 851, 877, 970

Shephard, John 313, 341

Sherborn, ... 53, 59, 79, 96, 156, 168, 234, 435

Sherburne, 64, 90, 160, 165, 228, 231, 233, 287, 348, 353,

393, 398, 441, 585, 590, 627, 632, 686, 691,

767, 772, 850, 855, 876, 879, 901, 969, 974,

1055, 10.57, 10.58

Shcwamet, 58, 164, 230, 286, 351, 397, 439, 589, 631, 690,

771, 854, 878, 973

Shirley, District of, . 637, 687, 767, 818, 851, 876, 969

Shirley, Washington, . . . . • . , 1062

Shirley, William, 5, 8, 68, 69, 70, 71, 72, 75, 137, 138, 139,

140, 148, 215, 217, 218, 219, 220, 241,

276, 322, 371, 422, 454, 457, 458, 460,

465, 665, 717, 740, 741, 745, 755, 815,

818, 825, 826, 830, 833, 834, 835, 836,

837, 838, 864, 894, 897, 939, 940, 942,

953, 956, 958, 963, 1056, 1068, 1070

Shrewsbury, 55, 70, 92, 162, 228, 284, 350, 395, 437, 587,

629, 689, 769, 852, 877, 972

Shrove, Edward 215

Silliman's Journal, 835

Simpson, John, Junior, 700, 817

Six Nations '941

Skeket Harbor 502, 869

Skinner, James, 219

Slatestone Brook, 713

Slayton, Thomas, 780

Smith, Bradyl, , 728, 957

Smith, Moses, 135

Smith, Samuel 501, 1039, 1082

Snelling, Joiialhan 708

Snow, Sylvainis 1032

Sole, Nathaniel, 341

Somers, 55, 92, 161, 227, 284, 3:9, 394, 436, 533, 628, 638,

708, 851, 877, 971

Southampton, . . . 638, 637, 763, 813, 8.51, 877

Southborough, 55, 92, 102, 228, 284. 3.50, 395, 437, 587, 029,

663, 683, 76J, 852, 877, 961, 972, 1057, 1058,

1059

South Hadley, . . . 655, 687, 768, 851, 877, 971

Spain, 216, 218

Spanish Settlements, 452

Sparhawk, John 604, 800

Spencer, District of, 653, 084, 688, 769, 780, 819, 852, 877,

971

Spot Pond, 140

Spragiie, Timothy, 140

Springfield, 54, 64, 65, 91, 161, 227, 283, 349, 394, 4.36, 586,
616, 628, 655, 687, 768, 851, 877, 970

Sprout, Ebenczer 1063

Spurr, Robert, 456, 741, 823

Squanacook River 637

Staeey, Ebenczer, 826

Staniford, Daniel, 1071

Stanley, Thomas, 950

Index of ISTames.

1101

Page

Btarkcy, William, 708, 744

Stc'bbins, John 135

Steele, Thomas 654, 663, 957

Stetson, Thomas, 819

Stevens, "William 824

Stockbriage, 228, 284, 349, 586, 688, 769, 836, 852, 877,

971

Stnekbridge, David, 559, 1063

Stoddard, John, 3S3

Stone, Andrew 72, 1070

Stone, Nathaniel 817

Stone Weir, 483

Stoneham, 04, 90, 160, 227, 283, 347, 393, 435, 585, 627, 687,

767, 851, 876, 970

Stover, John, 448. 508. 816, 823

Story, William 664, 743, 817, 1063, 1072

Stoughton, . 51,88,158,225,281,341,347,391,433,584,
616, 617, 626, 685, 766, 849, 875, 968

Stoughton, William, 140

Stowe, 53, 90, 160, 227, 283, 349, 393, 435, 585, 627, 637,
687, 719, 720, 767, 851, 876, 970

Strout's Creek, 220

Strout's Meadow 210

Sturbridge, 56, 93, 102, 228, 284, 350, 395, 437, 587, 629,
689, 769, 819, 853, 878, 972, 1060

Bturgis, Samuel, 950

Siidbury, 53, 90, 160, 226, 282, 348, 393, 435, 585, 627, 6S6,

728, 767, 850, 876, 969

Suffield, 54, 91, 161, 227, 283, 349, 394, 436, 586, 628, 688,

768, 836, 837, 851, 877, 970

Suffolk, County of, 26, 51, 59, 64, 66, 88, 96, 119, 120, 158,

166, 182, 225, 232, 265, 2S1, 287, 306,

342, 347, 353, 391, 309, 423, 433, 441,

448, 476, 584, 591, 626, 632, 661, 662,

664, 684, 685, 602, 741, 750, 766, 773,

816, 817, 823, 824, 849, 851, 856, 875,

879, 957, 960, 968, 975, 1037, 1053,

1057, 1058, 1063, 1065, 1071, 1072

Sumner, John, . . . 341, 448, 816, 817, 1063, 1064

Suncook, 372, 384, 679

Sunderland, 54, 91, 161, 227, 283, 349, 394, 436, 586, 628,

670, 688, 713, 768, 851, 877, 970

Surinam, . . . 838, 945, 946, 9£,4, 955, 956, 957

Sussex . . 746

Sutton, 55, 92, 162, 228, 284, 350, 395, 437, 587, 629, 688,

769, 852, 877, 971
Swanzcy, 58, 95, 164, 215, 226, 230, 286, 341, 351, 356, 357,
397, 402, 403, 439, 482, 483, 589, 631, 690, 771,
854, 878, 973

Symmes, Caleb 955

Symmes, Thomas 41, 42, 69

Table Land, 339

Tacomick Falls 746

Talbot, Jared 220

Tarbell, Cornelius 838

Tasker, John, . . . 815, 826, 1056, 1062, 1065, 1071
Taunton, 57, 94, 164, 215, 220, 230, 2S6, 313, 314, 341, 351,
382, 383, 397, 439, 449, 589, 631, 651, 664, 690,
772, 854, 861, 878, 973, 999, 1050, 1071

Taunton Great River 215

Taylor, Eldad, 817, 943, 1060, 1080

Taylor, Ezra 663, 957, 961

Temple, Benjamin 729

Temple, Richard, 729

Tctticut 939, 941

Tetticut, Precinct of 861

Page

Tctticut River 861,940

Tewksbury, 54, 91, 161, 283, 349, 393, 435, 586, 628, 687,

768, 851, 876, 961
Thatcher, Joseph,
Third cliff, (Sictuate)

Thomas, Jolm, .
Thomas, Nathaniel Ray,
Thompson,
Three Mile River,
Tibaudeau, Eleanor, .
Tidm.arsh, Giles,

970, 1057, 1059
. 448
485, 546, 808
. 1078
. 1061
. 1059
. 215
. 1057
. 708

Tisbury, 59, 96, 165, 231, 287, 352, 389, 440, 590, 632, 691,

2, 855, 879, 974
Tisdale, Israel, . . . . . . . 816,823

Tiverton, 58, 86, 95, 164, 230, 286, 351, 356, 357, 397, 402,

403, 439

Topsfield, 52, 89, 159, 226, 282, 348, 392, 434, 585, 626, 686,

766, 850, 876, 961, 969, 1057

Townsend, 54, 91, 161, 283, 349, 394, 436, 586, 627, 637,

652, 653, 687, 767, 851, 876, 970

Towtaid, 140

Tozer, John 950

Trap Plain 672

Trays, Monehhue, 140

Trays, Philip 140

Treadwell, Nathaniel 892, 953

Trout, Joseph 709

Trowbridge, Edmund, . 559, 663, 947, 957, 959, 960

Trumbull, Jonathan 1075

Truro, 27, 57, 94, 163, 209, 210, 219, 220, 229, 285, 351, 396,

439, 516, 588, 630, 690, 739, 771, 854, 869, 878, 973,

1009

Tucker, Benjamin 140

Tuff, John, 780, 819

Tufton, Thomas, 956

Tufts, Samuel 708

Tufts, Simon, 708

Tulasne 835

Turner, Israel 957, 1060

Turner, Lewis, 708

Two Brothers, (The schooner) .... 950

Tyler, Abner, 780, 819

Tyler, Nathaniel 816

Tyler, Royal 826

Tyler, Samuel, 448

Tyley, Samuel, Junior, 135

Tyng, John, 456, 507, 557, 558, 559, 560, 664, 941, 943, 944,

945, 947, 951

IT.

Upham, Richard, 956

Upton, 55, 93, 162, 228, 284, 350, 395, 437, 587, 629, 689,

769, 853, 878, 972
Uxbridge, 55, 92, 162, 228, 284, 350, 395, 437, 587, 629, 689,

769, 853, 878, 972

Vassall, Henry 10^8

Vernon, Fortcsque, 9^4

Virginia, "42

TV.

Wainwright, Christian, 67

Wainwright, John 67, 182

Wait, Richard '''•^8

Walcott, Nathaniel 780,819

Walden Pond 728

Waldo, Jonathan, 708

1102

Index of J^ames.

Page

■Waldo, Samuel 560

Walker, Isaac 826

Wulpole, 51, 88, 158, 225, 281, 347, 391, 433, 584, 617, 626,

685, 766, 849, 875, 961, 668, 1057, 1058

"Wallham, 54, 91, 161, 227, 283, 349, 393, 436, 586, 627, 687,

728, 767, 851, 876, 970, 1060, 1061

WanBcom, John, . . . ' . . . . 140

Ward, Nahum 448, 456

Ward, William 708

Ware River, Parish at, 587, 599, 629, 688, 769, 852, 877, 971

Wareliam, 56, 71, 93, 163, 229, 285, 351, 396, 438, 588, 630,

6S:i, 770, 853, 878, 973, 1059, 1001

Warner, Philemon, 824

Warren, James, 341, 1072

Warren, Peter, 430, 457, 459, 460

Washburn, Israel 801

Watertown, 53, 90, 100, 226, 269, 282, 348, 392, 435, 585,
627, 663, 086, 742, 767, 850, 876, 969

Watson, George 1064

Watts, Samuel, 195, 219, 454, 456, 503, 508, 533, 559, 567,
743, 817, 819, 822, 941, 945, 951, 957,
958, 1056, 1060, 1061, 1083, 1084, 1085

Wawonnow 140

Wehajjehatonon 140

Well Meadow 728

Welles, Samuel, 383; 384, 450, 454, 456, 504, 505, 560, 705,
708, 741, 743, 815, 823, 941, 954, 1056,
1002, 1063, 1069, 1073, 1086
Wells, 58, 95, 164, 231, 286, 352, 397, 440, 589, 631, 691,

771, 854, 879, 974

Wells, David 672

Wells, Francis 708

Wells, Nathaniel 741

Wendell, Jacob, 423, 448, 454, 456, 504, 507, 508, 557, 558,

559, 560, 561, 604, 741, 941, 953, 959,

1002, 1065, 1083, 1084

Wenham, 52, 89, 159, 226, 282, 348, 392, 434, 585, 627, 0S6,

767, 799, 835, 850, 876, 969, 1058

Wenham Great Swamp, 799,835

Wentworth, Bennington, 943

Wentworth, Samuel 557,558

West Indies, 452, 518, 577, 619, 697, 758, 842, 884, 933, 950,

954, 955, 1003, 1062

West, Matthew 708

Westborongb, 55, 92, 162, 228, 284, 350, 395, 437, 587, 629,

688, 769, 852, 877, 961, 972, 1057

Western, 56, 93, 162, 229, 284, 350, 395, 438, 587, 599, 629,

689, 769, 781, 853, 878, 972

Western, Fort .746

Western Islands, 81, 184, 271, 364, 368, 403, 407, 468, 472,

518, 523, 576, 581, 618, 623, 697, 758,

763, 841, 846

Westfield, 54, 91, 161, 227, 283, 349, 394, 436, 586, 628, 638,

687, 712, 768, 851, 877, 970

Westford, 54, 91, 161, 227, 283, 349, 393, 435, 586, 627, 6S7,

767, 850, 876, 961, 969, 1057

Weston, 53, 90, 160, 226, 282, 348, 393, 435, 585, 627, 687,

728, 729, 767, 817, 824, 850, 876, 957, 969

Weston, Edward 72

Weymouth, 51, 66, 88, 158, 170, 225, 258, 259, 281, 347,
391, 420, 433, 449, 485, 488, 584, 626, 685,
766, 849, 875, 968, 972

Wheat, John 728

Wheeler, Benjamin 728

Wheelwright, John 552, 649, 664, 941

Whetcomb, John POI

White, Benjamin 664

White, John 1064

Page

White, Josiah 508

White, Samuel, 341, 440, 508, 603, 741, 861, 1058, 1063,

1064, 1066, 1071, 1082, 1083, 1085

Whitehall, 70, 71, 216, 217, 458, 459, 461, 509, 745, 830, 833,

1069, 1080, 1085
White's Town, . , . , . • . . .730

Whitman, John 720

Whitman's Pond 66

Whitney, John 637

Wbittemore, Rev. Aaron, 372

Whitwell, William 817

Wilder, David, 817, 951

Wilder, Joseph, . . 384, 456, 508, 558, 816, 957

Wilder, Joseph, Junior, 504, 663

Willard, Josiah, 127, 137, 216, 341, 342, 383, 384, 448, 454,
457, 458, 507, 508, 556, 605, 606, 663,
741, 815, 830, 835, 838, 950, 957, 963

Willard, Nathan 948, 959

Willard, Samuel 508

William III., 12, 14, 18, 34, 47, 71, 101, 116, 125, 153, 176,
200, 263, 270, 276, 305, 307, 383, 384, 449,
478, 481, 484, 488, 499, 525, 550, 596, 700,
723, 725, 782, 811, 872, 924, 1000, 1001,
1029, 1041, 1043

William Henry, Fort 1082

Williams, Elijah, . . . 672, 714, 957, 961, 1064

Williams, Ephraim, 836

Willi.ams, Israel, 505, 943, 947, 948, 957, 1059, 1064, 1071,

1078, 1083, 1085

Williams, James, 448

Willi.ams, Joseph 560,823,941

Williams, Nathaniel, 709

Wilmington, 54, 91, 161, 227, 283, 349, 393, 435, 586, 628,
687, 768, 851, 876, 970

Wilson, Henry 1063

Wilson, James, 135

Winchester, 13

Winnisimmet 465, 466

Winslow, Edward, 68, 558, 663

Winslow, Isaac 680, 681, 836, 1053

Winslow, John, . 341, 741, 743, 746, 818, 835, 836, 923

Winslow, Joshua 657, 558, 945, 954

Winter-Harbor Beach 446, 646

Winthrop, Adam 182

Winthrop, Anne 182, 183

Wiscassett Bay, 673

Wisw.ald, Thomas 341

With.am, Daniel 824, 825

Witt, Jonathan, 665

Witt, Samuel 561, 951, 1058

Woburn, 53, 90, 160, 226, 282, 348, 372, 393, 435, 585, 627,
686, 767, 850, 876, 969

Woodbury, Jeremiah 780, 819 ■

Woodstock, 55, 92, 162, 223, 284, 350, 394, 437, 587, 629,

68S, 769, 852, 877, 971

Worcester, 55, 64, 65, 92, 140, 162, 22S, 284, 350, 394, 437,

587, 616, 629, OSS, 769, 817, 824, 852, 877, 971

Worcester, County of, 55, 59, 64, 65, 92, 90, 162, 166, 228,

232, 284, 287, 349, 353, 394, 399,

437, 441, 448, 449, 587, 591, 616,

629, 632, 656, 663, 604, 605, 688,

692, 731, 741, 742, 745, 769, 773,

780, 810, 817, 823, 824, 852, 856,

877, 879, 957, 961, 971, 975,

1056, 1063, 1064, 1071, 1072

Worfhington, John, 448, 539, 663, 713, 730, 731, 741, 1055

Wrentham, 51, 88, 158, 225, 281, 347, 391, 433, 584, 626,

685, 766, 849, 875, 968, 1061

Index oe Kames.

1103

Page
Wright, Obadiab, 780

Yarmouth, 57, 94, 163, 229, 285, 341, 351, 361, 396, 439,
486, 487, 503, 588, 630, 690, 770, 808, 854,
878, 973

STork, 58, 64, 65, 95, 164, 231, 269, 286, 352, 397, 440, 589,
631, 663, 691, 726, 727, 771, 854, 879, 974, 1057

Page
York, County of, 58, 60, 64, 65, 95, 96, 97, 164, 166, 208,
231, 232, 209, 286, 287, 352, 353, 397,
399, 440, 441, 448, 589, 591, 631, 632,
656, 663, 664, 691, C92, 720, 727, 741,
742, 771, 773, 816, 817, 823, 824, 854,
856, 872, 879, 947, 957, 958, 962, 974,
975, 1063, 1064, 1071, 1072

List of the Acts and Resolves

CONTAINED IN THIS VOLUME.

130 [llOcJ

LIST OF THE PUBLIC ACTS.

TITLES.

Date
of rassage.

Disalloived
b.v Trivy
Council.

Expired or had its
effect.

5 Chapter 1.

G Chapter 2.

Chapter 3.

12 Chapter 4.

Chapter 5.

Chapter 6.

Chapter 7.

Chapter 8.

Chapter 9.
Chapter 10.

Chapter 11.

Chapter 12.

1742-43.— First Session.

An act for granting the snm of two thou-
sand three hundred and fifty pounds for
the support of his majesty's govcrnour, .

An act for allowing necessary supplies to
the Eastern and Western Indians, and
for regulating trade w[/]th them [1737-
38, chap. 7; 1740-41, chap. 11],

An act for supplying Hie treasury with the
sum of fifteen thousand pounds, for dis-
charging the publick debts, &c[a] , and
for drawing in the said bills into the
treasury again, and for Ftating their
value in discharging of publick and pri-
vate debts,

An act in addition to and for rend [e] ring
more efi'ecjual 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 William and Queen Mary ; and
also" for the preventing fraud and injustice
in the ineasurin^c of grain [1692-3, chap.
17; 1718-19, chap. 16; 1722-23, chap. 4;
1730-31, chap. -5; 1737-38, chap. 12],

An act for establishing and better regulat-
ing fees witliin this province [1692-3,
chap. 37; 1701-2, chap. 7],

An act for granting unto his majesty an
excise upon wines, liquors and other
strong drink sold by retail, and upon
lemmons and limes,

An act for granting a sum for the pay of
the members of the council and house of
representatives in general court assem-
bled, and for establishing the wages,
&c., of sundry persons in the service of
the province,

An act in addition to the several acts or
laws of this province for the settlement
and support of ministers [1692-3, chaps.
26 and 46; 169.5-6, chap. 8; 1702, chap.
10; 1706, chap. 9; 1715-16, chap. 17;
1723-4, chap. 14; 1728-9, chap. 4; 1731-
2, chap. 11; 1734-.5, chap. 6; 1737-8,
chap. 6; 1740-41, chap. 6],

An act for holding a court of oyer and ter-
miner in and for the island of Nantucket,

An act for altering the time for holding
the inferio[i«]r court of common picas in
the county of Suffolk, and also the court
of general sessions of the peace and infe-
rior court of common pleas in the county
of Hampshire [1740-41, chap. 13; 1699-
1700, chap. 2, ^S 2]

An act to prevent dam [m] age being done
unto Billingsgate Bay in the town of
Easthani, by "cattle and horse-kind, and
sheep feeding on the beach and islands
adjoining thereto,

Third Session.

An act to prevent encumbrances about the
doors of the court-house in Boston,

1742.

June

July

July 1,

July
July

July

1742-43,

Jan.

June 25, 1743.

July 5, 174-5.

1743.

June 29, 1743.

July 5, 1747.

[HOT

1108

Public Acts.

List of the Public Acts — Continued.

TITLES.

Date
of I'assagc.

Disallowed
by Privy
Council.

Expired or liad its
effect.

1742-43.— Third Session— Con.

Chapter 13. An act for preventing the unnecessary ex-
pense in the attendance of petit jurors
of the several courts of justice within
this province [1738-9, chap. 4] , .

Chapter 14. An act for supplying the treasury with the
sum of twelve thousand pounds, for dis-
charging the publick debts, &c., and for
drawing in the said bills into the treas-
ury again, and for stating their value,
in discharging of publick and private
debts,

Chapter 15. An act for apportioning and assessing a
tax of eight thousand pounds in bills of
the tenor and form last emitted,

Chapter 16. An act for making more effectual an act
[c][i]ntitled, "An act for regulating
the militia " [1693-94, chap. 3], .

Chapter 17. An act to prevent the spreading of the
sraall-pox and other infectious sickness,
and to prevent the concealing of the
same [1739-40, chap. 1], . . . .

Chapter 18. ' An act in addition to the several laM-s of
this province relating to the support of
poor and indiaent persons [1692-93,
chap. 28, ^S 9; 1(399-1700, chap. 8; 1735-
36, chap. 4; 1740-41, chap. 20], ,

Chapter 19. An act to prevent unnecessary law-suits

[1734-35, chap. 4; 7 Mass., 143], .
Chapter 20. An act in addition to the several acts for
regulating the assize of casks, and pre-
venting deceit in the packing of fish,
beef and pork for sale [1742-43, chap. 4],

Chapter 21. An act to enalile the proprietors of Uas-
sanamisco Lands in tlic township of
Grafton to raise mon[ey][2e]s for sup-
porting the ministry, and defraying the
other charges arisen and arising there
[1727-28, chap. 14; 1734-35, chap. 20],

Chapter 22. An act to prevent firing the woods, .

Chapter 23. An act for granting to Thomas Symmes,
gentleman, and Grace Parker, widow,
both of Chavlcstown, in the County of
Middlesex, the soleprivile[fZ]ge of mak-
ing stone ware,

Chapter 24. An act for the more easy partition of lands,

Chapter 25. An act to prevent the multiplicity of law-
suits,

Chapter 26. An act for inlisting the inhabitants of Dor-
chester into his majesty's service for the
defence of Castle William, as occasion
shall require,

Chapter 27. An act to prevent gaming for money or
other gain [1736-37, chap. 17],

Chapter 28. An act in further addition to and explana-
tion of [the] [««] act [o] [i]ntitled, an
" Act for regulating townships, choice
of town officers," '&c. [1092-93, chap.
28; 169.3-94, chap. 20, § 18; 1699-1700,
chaps. 12, 20; 1710-11, chap. 1,^1;
1713-14, chap. 16, ^W], .

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,

Chapter 30. An act for erecting a tract of land com-
monly called New Lisborn, lying jn the
county of Hampshire, into a township
by the name of Pelham, ....

1742-43.

Jan. 15,

Jan.

Jan.
Jan.

Jan.

Jan.
Jan.

Jan.

Jan.
Jan.

Jan.

15,

15,
15,
15,

Jan. 17, 1749-50.
Jan. 17, 1749-50.

Jan. 15, 1745-40.
Apr. 20, 1750.

July 5, 1745.
Jan. 17, 1745-46.

Jan. 17, 1758.
Jan. 17, 1745-46.

Jan. 17, 1749-59.

Jan. 17, 1745-40.
Jan. 17, 1749-50.

Jan. 15, 1746-7.

Jan. 15, 1745-6.

Public Acts.

List of the Public Ads — Contimiccl.

1109

TITLES,

Date
of Passage.

Disallowed
by Privy
Council.

Expired or h;id its
effect.

1742-43.— Third Session— Con.

Chapter 31.

Chapter 32.

An act for apportioning and assessing a
tax of twenty thousand pounds in bills
of credit of the tenor and form last emit-
ted; 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 service and at-
tendance in general court, and travel
[1741-42, chap. 11, ^ 15; 1741-42, chap.
11, ^S 26; 1742-43, chap. 3, § 6; 1742-43,
chap. 3, ^ 7; 1741-42, chap. 11, § 29], .

Fourth Session.

An act for fixing the times for holding the
superio[?<]r courts of judicature, courts
of assize and general goal delivery, and
courts of general sessions of the peace,
and inferio [?<] r courts of common pleas,
within the several counties in this prov-
ince [1699-1700, chap. 1; 1704-1705,
chap. 1; 170S-1709, chap. 9; 1711-12,
chap. 3, ^S 6; 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,
chap. 5; 1742-43, chap. 10; 1699-1700,
chap. 3; 1703-1704, chap. 8; 1711-12,
chap. 3; 1714, cliap. 9, § 6;
chap. 20; 1717-18, chap. 8;

1742-43.

1715-16,
1720-21,
1724-25,
1733-34,
1736-37,
1741-42,

Chapter 33.

Chapter 34.

chaps. 1, 13; 1721, chap. 3
chap. 11; 1727-28, chap. 16;

.chap. 9; 1735-36, chap. 24;
chap. 21; 1740-41, chap. 13;
chap. 19J,

An act in addition to the several acts for
re£?ulating fences [1093-94, chap. 7;
1698, chap. 12; 1718-19, chap. 3 ; 1727-
28, chap. 13; 1740-41, chap. 19], .

An act to enaljlc the town of Weymouth
to regulate and order the taking and dis-
posing of the fish called shadd and ale-
wives, within the limits of that town, •

1743-44. — First Session.

Chapter 1. An act for granting the sum of thirteen
hundred and fifty pounds for the sup-
port of his majesty's governour,

Chapter 2. An act for establishing the wages, &cCa] ,
of sundry persons in the service of the
province,

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
unto the province treasury, where there
is not a mnjority of them living, to collect
the several sums due from particular per-
sons to such [trustees] {toicnsl ,

Chapter 4. An act for holding a court of oyer and ter-
miner in and for the island of Nantucket,

Jan.

17-i;

Apr.

23,

Apr. 23,

June 10,
June 25,

June 17,
June 17,

Apr. 30, 1746.

1110

Public Acts.

List of the Public Acts — Continued.

Date

of Passage.

Disallowed
by Privy
Council.

Expired or had its

efTcct.

101
107
108

112

116

117
117

1743-44. — First Session— Con.

Chapter 5.

Chapter 6.
Chapter 7.

Chapter 8.
Chapter 9.

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, ....

An act for prcventiiifr mich[ei] [ie]f by
unruly dogs on the island of Nantucket
[100 Mass., 141]

An act in addition to, and in explanation of
sundry clauses of, an act, [c] [«]ntit[2<]Ied
"An act to ascertain the value of money,
and of the bills of publick credit of this
province," &c[a]., made and pass'd in
the tifteentli year of his majesty's reign
[1741-42, chap. 12, ^ 3], .

An act for granting unto his majesty sev-
eral rates and dutys of impost and tun-
nagc of shipping,

An act for apportioning and assessing a
tax of twcnt}' thousand pounds, in bills
of credit of the tcno[uJr and form last
emitted; and also for apportioning and
assessing a further tax of three tiiousand

. seven hundi'cd and thirty-eight pounds,
four shillings and nincpence three far-
things, in bills of credit of said tenor and
form, paid the representatives for their ser-
vice and attendance in general court, and
travel, and to discharge a fine laid this
present year on the towns of Medficld,
Tiverton and Freetown, for not sending
a representative [1741-42, cliap. 11, §
27 ; 1742-43 ; chap. 14, i 5; 1741-42, chap.
11, ^29J,

Chapter 10.
Chapter 11.
Chapter 12.

Chapter 13.

Chapter 14.

Chapter 15.
Chapter 16.

Second Session.

An act for establishing and regulating fees
within this province [1692-93, chap. 37 ;
1742-43, chap. 5J,

An act for securing the seasonable pay-
ment of town and precinct rates or
assessments [1736-37, chap. 15], .

An act for erecting of workhouses for the
reception and employment of the idle
and indigent [1699-1700, chap. 8; 1703-4,
cliap. 14; 1710-11, chap. 6; 1730-31,
chap. 3; 1740-41, chap. 20; 1735-36,
chap. 4],

Third Session.

An act for supplying the treasury with the
sum of twenty thousand pounds for put-
r<]ing the province in a l^ettcr 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 pub-
liclc and private debts, ....

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,

An act to enable the proprietors of private
ways to repair them in an equal maimer.

An act in addition to and for rendring
more etfectual an act made in the four-

1743.

June 25,
June 25,

June 27, 1743.

Aug. 18, 1714.

June 25,

Sept. 15,

Sept. 17,

Oct. 26, 1744.
Jan. 25, 1754.

Nov. 12,

Nov. 11,
Nov. 11,

Nov. 12, 1740.
Nov. 12, 1746.

Public Acts.

List of the Public Acts — Continued.

1111

TITLES,

Date
of Passage.

DisaUowed
by Privy
Council.

Expired or had its
effect.

118

122

124

126

127
128

131
132
132

133

135

137

Chapter 17.

Chapter 18.

Chapter 19.
Chapter 20.

1743-44.~Third SESSiON—Con.

teenth year of his present majesty's
reign, [e][»]ntitled " An act to prevent
dam[/n]age being done to the harbour
of Cape Cod by cattle and horse-Icind
feeding on Provincetown land " [1740-41,

chap. 15] ,

An act for the more speedy finishing of
the land-bank or manufactory scheme, .

1743.

Chapter 21.
Chapter 22.

Chapter 23.
Chapter 24.
Chapter 25.

Chapter 26.

Chapter 27.
Chapter 28.

Chapter 29.

Fourth Session.

An act to prevent the great injury and
injustice arising to the inhabitants of this
province by the frequent and very lai'ge
emissions of bills of public credit in the
neighbouring governments [1738-39,
chap. 14, § 1],

An act for regulating the hospital on
Rainsford['s] Island, and further pro-
viding in case of sickness [1788-39,
chap. 8; 1701-2, chap. 9],

An act providing that the solemn affirma-
tion of the people called Quakers shall,
in certain cases, be accepted instead of
an oath in the usual form ; and for pre-
venting inconvenienc[j]es by means of
their having heretofore acted in some
to-\vn offices without taking the oaths by
law required for such offices [1719-20,
chap. 11],

An act to regulate the expence of private
bridges,

An act for rendring more effectual the laws
already in being relating to the admeas-
urement of boards, plank and timber,
and for preventing fraud and abuse in
shingles, beef and pork exported from
•this province, and also for regulating
the assize of staves and hoops [1695-6,
chap. 5 ; 1710-11, chap. 7 ; 1727, chap. 7] ,

An act to prevent unnecessary expence in
suits at law

An act to impower justices of the peace
to summon witnesses, ....

An act for the preservation of and to pro-
mote the growth of a certain parcel of
wood and timber in the town-ship of
Ipswich, in the county of Essex, .

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" [1741-42, chap. 16],

An act to confirm several votes of the
proprietors of the westerly half of
Leicester [1723-24, chap. 17], .

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 manu-
factory scheme [1743-44, chap. 17],

An act to enable justices of the peace and
town clerks to administer an oath to
scalers of weights and measures, &c
W., and to establish their fees [1692-93,
chap. 30, § 1],

Nov.
Nov.

11,

10,

1743-44.

March 17,

March 5,

March 1,
March 21,

March 22,

Feb. 27,

Feb. 25,

Feb. 28,

March 5,

Mar. 17, 1745-46.

April 22, 1749.

April 25, 1747.
Mar. 21,1746-47.

Sept. 12, 1747.
Mar. 24,1746-47.

1112

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its

effect.

143

144

147

148
148

152
153
156
156

170

171

172

176

1744-45. — First Session.

Chapter 1. An act for the more effectual guarding
and securing our seacoasts, and for the
encouragement of seamen to enlist them-
selves in the province Snow, or such ves-
sels of war as shall be commissioned
and fitted out by this or other of his
majesty's governments during this pres-
ent war with France, ....

Chapter 2. An act for levying soldiers,

Chapter 3. An act to prevent soldiers and seamen in
his majesty's service being arrested for
debt,

Chapter 4. An act for granting the sum of fourteen
hundred and forty pounds for the sup-
port of his majesty's governour, .

Chapter 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 bet-
ter posture of defence, for discharging
the publick debts, &c., and for drawing
in tlae said bills into the trea*sury again,
and for stating their value in dischai'g-
ing publick debts

Chapter 6. An act to prevent all traiterous corres-
pondence with his majesty's enemies
[1706-7, chap. 8 ; 7 W. III., chap. 3], .

Chapter 7. An act for establishing the wages, &c., of
sundry persons in the service of the
province,

Chapter 8. An act to remove the trial of Jeremy Jude,
so called, from the county of Nantucket
to the county of Barnstable, .

Chapter 9. An act for apportioning and assessing a.
tax of twenty-five thousand pounds, in
bills of credit ; and also for apportion-
ing and assessing a further tax of eight-
een hundred and seventy-one pounds
fourteen shillings and eightpence, 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, § 16;
1742-43, chap. 3,68; 1742-43, chap. 14,
§ 5 ; 1744-45, chap. 5, § J 7 and 10] ,

Second Session.

Chapter 10. An act for enlisting into his majesty's ser-
vice a number of the inhabitants of the
towns of Weymouth and Charlestown,
so as to make two independent com-
panies of sixty men each, exclusive of
officers, for the defence of Castle Will-
iam, as occasion shall require,

Chapter 11. An act for punishing of officers or soldiers
who shall mutiny, or desert his majes-
ty's service,

Chapter 12. An act in further addition to and explana-
tion of the act for the more speedy finish-
ing of the land-bank or manufactory
scheme [1743-44, chap. 17], .

Third Session.

Chapter 13. An act for establishing and regulating fees
within this province [1692-93, chap. 37;
1701-2, chap. 7; 1742-43, chap. 5],

1744.

June 19,
June 18,

June 23,
Jime 18,

June 20,

June 26,

June 30,

Aug. 18,
Aug. 18,

Aug. 18,

June 23, 1746.

June 27, 1746,

Oct.

26,

Jan. 17, 1745.
Aug. 30, 1746.

Apr. 26, 1746.

Public Acts.

1113

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

181

182

184

190

193

19t

195

199

202
204

206

208
209

210

211

1744-45.— Third Session— Cow.

Chapter 14. And act for reviving and continuing sun-
dry laws of this province in this act
mentioned, expired or near expiring
[1738-39, chap: 25; 1739-40, chap. 3;
1739-40, chap. 8; 1739-40, chap. 12;
1741-42, chap. 6],

Chapter 15. An act for appropriating a part of the
ishmd called Governour's Island, in the
harbour of Boston, to the public use of
this government,

Chapter 16. An act for granting unto his majesty sev-
eral rates and duties of impost and
tunnage of shipping

Fourth Session.

Chapter 17. An act for the supplying the treasury
with 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, . . . .

Chapter 18. An apt in addition to an act [e] [»]ntitled
"An act for the reirci][iejf of poor
prisoners for debt" [1741-42, chap. 6;
1744-45, chap. 14; 1741-42, chap. 12], .

Chapter 19. An act to encourage the [e] [ijnlisting
soldiers into his majesty's service, in
the intended expedition against Cape
Breton,

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,

Chapter 21. An act for supplying the treasury with
the sum of tifty thousand pounds for
putting the province in a Ijettcr posture of
defence, for discharging the public debts,
&c., and for drawing in the said bills
into the treasury again [1744-45, chap.
22],

Chapter 22. An act for granting to his majesty a duty of
tonnage on shipping [1715-16, chap. 4],

Chapter 23. An act for supplying the treasury with
the sum of tifty thousand pounds, for
discharging the public[k] debts, &c.,-
and for draAving in the said bills into
the treasury again, . . • . .

Chapter 24. An act for granting a sum for the pay of
the mcmljcrs of the council and house
of representatives, in general court as-
sembled, and for establishing the wages,
&c[a]., of sundry persons in the service
of the province,

Chapter 25. An act to prevent mischief being done by
unruly dogs [1737-38, chap. 10], .

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 [1738-39,
chap. 16],

Chapter 27. An act in addition to the act for prevent-
ing dam [7w] age to the harbour of Cape
Cod, by cattle and horse kind feeding
on Provincetown lands [1740-41, chap.
15],

Chapter 28. An act to regulate the pay of soldiers and
mariners, and to prevent fraud therein
[1744-45, chap. 7]

1744.

Oct. 26,

Oct. 26,
1744-45.

Jan. 9,

1744,
Dec. 26,

1744-45.
Jan. 30,

Jan. 9,

Feb. 5,

1745.
April 5,

1744-45.
March 9,

1745.
April 5,

April 5,

April 5,
April 5,

Jan. 30, 1752.

Apr. 26, 1746.

Jan. 30, 1752.

April 6, 1752.

June 26, 1755.

July 3, 1750.

April 6, 1747.

140

1114

Public Acts.

List of the Public Acts — Continued.

Disallowed

Date

Expired or had its

TITLES.

by Privy

of Passage.

Council.

effect.

1744-45.— Fourth Session— Com.

1744-45.

212

Chapter 29.

An act in further addition to an act ascer-
taining the vahic of money, and of the
bills of public [k] credit of this prov-

ince [1741-42, chap. 12],

Jan. 9,

214

Chapter 30.

An act for the more speedy extinguish-
ment of fire, and preserving goods
re][«lndangered by it [1711-12, chap.

1745.

April 5,

- -

215

Chapter 31.

An act for ascertaining the bounds of the
town of Dighton, and for the confirma-
tion of their powers and privileges

1744-45.

[1734-35, chap. 19]

Jan. 8,
1745.

~ ~

1745-46. — First Session.

223

Chapter 1.

An act for apportioning and assessing a
tax of thirty thousand pounds, in bills
of credit ; and also for apportioning and
assessing a further tax of two thousand
four hundred and twenty-one pounds
eight shillings and sixpence, 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 representative [1741-42, chap. 11, 5 17;
1742-43, chap. 3, § 9 ; 1743-44, chap. 13,
6 6 ; 1744-45, chap. 5, 6 8 ; 1744-45, chap.

17,^5],

June 28,

—

— —

236

Chapter 2.

An act for granting unto his majesty an
excise upon wines and spirits distilled,
sold by i-etail, and upon limes and lem-

mons,

June 29,

June 29, 1748.

241

Chapter 3.

An act for granting the sum of fifteen
hundred pounds for the support of his

majesty's govcrnour

June 25,

241

Chapter 4.

An act for granting a sum for the pay of
the members of the council and house
of representatives in general court as-
sembled, and for establishing the wages,
&cCo]., of sundry persons in the service

of the province,

June 27,

- -

243

Chapter 5.

An act for encouraging the killing of
Avolves, bears, wild cat[t]s and catta-
mounts, within this province [1741-42,

chap. 23],

June 29,

July 9, 1750.

244

Chapter 6.

An act for supplying the treasury with the
sum of sevent}^ thousand pounds, for
discharging the public debts, &cCa].,
and for drawing in the said bills into

the treasury again,

July 2,

248

Chapter 7.

An act to prevent unnecessary cost being
a [Ho wed] to parties and witnesses in
the several courts of justice within this

province

June 29,

July 11, 1750.

Second Session.

249

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 repair-
ing the fortresses and other buildings
there, and for drawing in the said bills

into the treasury again, . . . .

Aug. 2,

Public Acts.

Xiist of the Public Ads — Continued.

1115

Date
of Passage,

Disafllowed
by Privy
Council.

Expired or Iiad its
effect.

251

1745-46.

Chapter 9

-Second Session — Con.

253

254

257

258

259

260
263

264

265

267

Chapter 10.

Chapter 11.
Chapter 12.

Chapter 13.

Chapter 14.

Chapter 15.
Chapter 16.

Chapter 17.
Chapter 18.

Chapter 19.
Chapter 20.

An act to subject the nnimproved lands
within this province to be sold for pay-
ment of taxes assessed on them by order
of the great and general court and votes
and agi-eemeuts of the proprietors there-
of,

Fourth Session.

An act for reviving an act [e][i]ntitled
" An act for establishing and regulating
fees within this province," made and
pass'd in the eighteenth j'ear of his
present majesty's reign [1744-45, chap.
13]

Fifth Session.

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,

An act in addition to an act made and
pass'd in the eighteenth and nineteenth
j'ear of his present majesty, [e][i]n-
titled " An act for granting nnto liis
majesty an excise upon wines and spirits
distilled, sold by retail, and upon limes
and lemmons " [1745-46, chap. 2],

An act for [c] [jjnlisting the inhaliitants
of Dorchester, Weymouth and Charles-
town into his majesty's service for the
defence of Castle William, as occasion
shall require [1742-43, chap. 26], .

An act for pi'cventing the unnecessary
destruction of alewives in the town of
Sandwich [1743-44, chap. 26; 1726-27,
chap. 3]

An act for supplying the treasury with
the sum of twenty thousand pounds, .

An act in addition to the act, [e] [i;']ntitled
" An act for appointing commissioners
of sewers" [1702, chap. 11; 1726-27,
chap. 3] ,

An act for reviving and continuing sundry
laws of this province in this act men-
tioned, expired, or near expiring [1740-
41, chap. 19; 1742-43, chap. 18; 1742-
43, chap. 22 ; 1742-43, chap. 29] .

An act impowering the supcrio[?<]r court
of judicature, court of assize and gen-
eral goal delivery, at their present term,
to proceed to the trial of sundry prison-
ers now in his majesty's goal in the
county of Suffolk,

An act in addition to an act, [e] [i]ntit!ed
" An act directing how rates and taxes
to be gi'anted by the general assembly,
as also county, town, and precinct rates
shall be assessed and collected," made
and pass'd in the fourth year of his
present majesty's reign [1730, chap. 1 ;
1743-44, chap. 11],

An act in addition to, and for rendring
more effectual, the laws already in being
for preventing the destruction of the

1745.

July 26,

Nov. 30,

1745-46.

Jan. 10,

Jan. 31,

Jan. 25,

Jan. 29,

Feb. 8,

Feb. 6,

Jan. 29,

1746.
Apr. 24,

1745-46.
Feb. 8.

Aug. 7, 1752.

Feb. 14, 1746-47.

June 29, 1748.

June 24, 1743.

Mar. 11, 1748-49,

Mar. 27, 1751.

Apr. 13, 1753.

1116

Public Acts.

List of the Public Acts — Continued.

TITLES

Bate
of r.assas

Disallowed
by Privy
Council.

Expired or had its
effect.

269

270

271

279

1745-46. — Fifth Session— Cow.

fisli called alewivcs, find other fish [1741-
42, chap. 16, ^ 1 ; 1743-44, chap. 26, § 1],

Chapter 21. An act for altering the times for holding
the superiour court of judicature, court
of assize, and general goal delivery
within the counties of Essex and York
[1742-43, chap. 32, ^ 2], .

Chapter 22. An act for the explanation and further
enforcem[e?»]t of the laws made for the
observation of the Lord's day [1741-42,
chap. 7; 1692-3, chap. 22], .

Chapter 23. An act for granting unto his majesty sev-
eral rates and duties of impost and tun-
nage of shipping

290
292

295

297

300
300

301
302

1746-47.— First Session.

Chapter 1., An act for apportioning and assessing a
tax of twenty-eight thousand four hun-
dred and ninety-nine pounds seven shil-
lings and sixpence, in bills of credit;
and also for apportioning and assessing
a further tax of two thousand four hun-
dred and forty-two pounds three shil-
lings and ninepence, in bills of credit,
paid the representatives for their ser-
vice and attendance in the general court,
and travel ; and also the sum of one
hundred and twcnty-scTcn pounds ten
shillings, fines laid upon several tomis
for not sending a representative [1741-
42, chap. 11, § 18; 1742-43, chap 15, § 1 ;
1743-44, chap. 13, § 7; 1744-4-5, chap.
17,^6],

Chapter 2. An act to prevent soldiers and seamen in
his majesty's service from being arrested
for debt [1744-45, chap. 3], .

Chapter 3. An act for supplying the treasury with
the sum of eighty-two thousand pounds,
for carrying on the expedition proposed
against Canada, and for discharging the
publick debts, &c., and for drawing in
the said bills into the treasury again, .

Chapter 4. An act for granting a sum for the pay of
the members of the council and house
of representatives, in general court as-
sembled, and for establishing the wages,
&c., of sundry persons in the service of
the province, ......

Chapter 5. An act for supplying the treasury "with
the sum of twenty-five thousand pounds
for the expedition against Canada, and
for drawing in the said bills into the
treasury again, .....

Chapter 6. An act relating to views by a jury, in
civil actions, .

Chapter 7. An act for holding a court of oyer and
terminer, in and for the island of Nan-
tucket,

Chapter 8. An act for reviving and continuing the laws
of this province in this act mentioned,
expired or near expiring [1743-44, chap.
6; 1744-45, chap. 6], . . . .

Second Session.

An act for supplying the treasury with
the sum of twenty thousand pounds for

1745-46.

Mar. 22,

1746.
Apr. 26,

Apr.

24,

1745-46.
Jan. 10,

1746.

Chapter 9.

June 2G,

June 28,

June 10,

June 28,

June 13,

June 28,

July 25,

June 30, 1747.

July 1, 1743.

Oct. 11, 1751.

Sept. 14, 1753.

Public Acts.

List of the Public Acts — Continued.

1117

TITLES.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

1746-47.— Second Session— Cojj.

tbe expedition against Canada, and for
drawing in the said bills into the treas-
ury again,

Third Session.

Chapter 10. An act in further addition to an act intitlcd,
" An act for highways" [1713-14, chap.
8], . •

Chapter 11. An act to prevent the firing of guns
cliari^ed with shot[t] or ball in the town
of Boston [1713-14, chap. 6],

Ch.iptcr 12. An act in addition to the several acts for
the better regulating the Indians [1718-
19, chap. 9],

Chapter 13. An act to prevent the great injury and
injustice arising to the inhabitants of
this province by the frequent and veiy
large emissions of bills of piiblick
credit in the government of Rhode Isl-
and [1743-44, chap. 18] , .

Chapter 14. An act for supplying the treasury with
the sum of ten thousand pounds for the
expedition against Canada, and for
drawing in the said bills into the treas-
ury again,

Fifth Session.

Chapter 15. An act for making the town of Taunton
the shire or county town of the county of
Bristol, instead of the town ftf Bristol,
and for removing the books of records,
and papers, of the county of Bristol,
that are in the town of Bristol, to the
said town of Taunton, ....

Chapter 16. An act for supplying the treasury with the
sum of twenty tiiousand two hundred
pounds, for discharging the publick
debts, &cCa]., and for drawing in the
said bills inio the treasury again, .

Sixth Session.

Chapter 17. An act more effectually to prevent profane
cursing and swearing, ....

Chapter 18. An act to enable the proprietors of private
ways to repair them in an equal man-
ner,

Chapter 19. An act for granting the sum of nineteen
hundred pounds for the support of his
majesty's governour

Chapter 20. An act for supplying the treasury with the
sum of eight thousand two hundred
pounds, for dcfrcying the charge of the
late intended expedition against Canada,
and for discharging the publick del)ts,
&cC'>]., and for drawing in the said bills
into the treasury again, ....

Chapter 21. An act to revive andamend an act made
in the eighteenth year of his present
majesty's reign, intitlcd " An act for
levying soldiers" [1744-45, chap. 2;
1744-45, chap. 2, ^ 7 ; 1744-45, chap. 2,
§ 9; 1744-45, chap. 2,^^ 13], .

Chapter 22. An act for reviving and continuing sundry
laws of this province expired or near

1746.

Aus

15,

Sept. 13,

Sept. ■ 13,

Sept. 13,

Nov. 13,

Nov. 15,
1746-47-

Feb. 10,

Feb. 13,

Jan. 29,

Feb. 13,

Jan. 27, 1750-51.
Sept. 13, 1749.
Jan. 25, 1754.

Sept. 13, 1749.

April 20, 1750.
Mar. 2, 1749-50.

Nov. 23, 1748.

1118

Public Acts.

List of the Public Acts — Continued.

TITLES.

Date
of rassage.

Disallowed
by Privy
Council.

Expired or Iiad its
effect.

327

328
334

337

338

339

345

Chapter 23.

1746-47.— Sixth Session — Con.

expiring [1736-37, chap. 4; 1740-41,
chap. 1.5; 1743-44, chap. 16; 1744-45,
chap. 27; 1742-43, chap. 28; 1742-43,
chap. 11; 1743-44, chap. 14; 1743-44,

chap. 21]

An act for reviving and continuing a law
of this province, intitlcd "An act for
punishing of officers or soldiers who
shall mutiny or desert his majesty's
service " [1744-45, chap. 11], .

Chapter 24.
Chapter 25.

Chapter 26.
Chapter 27.

Chapter 28.

Eighth Session.

An act for establishing and regulating
fees within this province [1692-93, chap.
37; 1701-2, chap. 7; 1744-45, chap. 13;
1745-46, chap. 10], . . . .• .

An act for supplying the treasury with the
sum of twenty thousand pounds, in
hills of credit, "for discharging the puh-
lick debts, and for drawing the said bills
into the treasury again, ....

An act for the better regulating swine
[1736-37, chap. 22] , ....

An act to prevent dammage being done
unto Nossctt Meadow by cattle and
horse-kind feeding on the beach adjoin-
ing thereto [1742-43, chap. 11], .

An act to prevent the destruction of the
meadow [s] called Sandy-Neck Meadow,
in Barnstalile, and for the better preser-
vation of the harbour there, . ' .

357

359

360

1747-48. — FmsT Session.

Chapter 1. An act for apportioning and assessing a
tax of thirty-nine thousand one hun-
dred and three pounds thirteen shil-
lings and scvenpencc; and also for
apportioning and assessing a further
tax of two thousand eight hundred and
seventy-eight pounds eleven shillings
and sixpence, paid the representatives
for their service and attendance in the
general court, and travel; amounting
In the whole to forty-one thousand nine
hundred and eighty-two pounds five
shillings and [a] [owe] penny [1744-45,
chap. 21, § 4; 1746-47, chap. 4, § 2;
1746-47, chap. 14, § 5; 1746-47, chap.
20, § 5; 1746-47, chap. 25, H]. •

Chapter 2. An act for supplying the treasury with the
sum of eight thousand pounds for dc-
fr[e][a]ving the charge of the late in-
tended expedition against Canada, and
for discharging the publick debts, &c.,
and for di-awing in the said bills into
the treasury again,

Chapter 3. An act to preveiit the destruction of wild-
fowl [1737-38, chap. 16],

Chapter 4. An act to prevent the disturbance given
the general court, by coaches, chaises,
chairs, carts, trucks, and other carriages,
passing by the province court-house in
the time of their sitting [1742-43, chap.
12]

1746-47.

Feb. 5,

Feb. 10,
1747.

April 25,

April 7,
April 25,

April 25,

June 29,

June 29,
June 29,

June 29,

April 20, 1756.
Get. {s, 1748.

April 27, 1748.

June 16, 1757.
April 27, 1752.
April 27, 1752.

July 2, 1752.

July 2, 1748.

Public Acts.

List of the Public Acts — Continued.

1119

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

361

362

363
363

370

371
372
373

376

380

382

383

1747-48.— First Session— Co?i.

Chapter 5. An act to prevent dam [m] age being done
on the meadows and beaches lying in
the township of Barnstable, on the
soutli side of the harl^onr, contiguous
to tlie [hite] common fields in said town,

Chapter 6. An act for reviving and continuing sundry
laws of this province, expired or near
expiring [1737-38, chap. 6; 1737-38,
chap. 8; 1740-41, chap. 6; 1743-44,
chap. 20 ; 1743-44, chap. 22] , .

Chapter 7. An act to prevent deceit in the gage of
casli [1737-38, cliap. 12],

Chapter 8. An act for granting unto his majesty sev-
eral rates and duties of impost and ton-
nage of shipping

Second Session.

Chapter 9. An act for granting a sum for the pay of
the members of the council and house of
representatives, in general court assem-
bled, and for the establishing the wages,
, &c., of sundry persons in the service of
this province

Chapter 10. An act for granting the sum of nineteen

hundred pounds, for the support of his

. majesty's governour, ....

Chapter 11. An act to enable the proprietors of Sun-
cook to raise money for the support of
their present minister, ....

Chapter 12. An act in further addition to and for
explanation of certain clauses in three
several acts hereinafter mention'd, made
and pass'd in the [sixteenth] [fifteentK]
seventeenth and eighteenth years of his
present majesty's reign, for ascertaining
the value of money, and of the bills of
publick credit of this province [1741-42,
chap. 12; 1744-45, chap. 29; 1743-44,
chap. 7]

Fourth Session.

Chapter 13. An act for supplying the treasury with the
sum of thirty-i'uur thousand pounds, for
discharging the publick debts, &c[»].,
and for drawing the said bills into the
treasury again,

Fifth Session.

Chapter 14. An act for supplying the treasury with the
sum of twenty-five thoiisand pounds, for
discharging the publick debts. &c[a].,
and for drawing the said bills into the
treasury again,

Chapter 15. An act f'or altering the times appointed
for holding the superionr court of judi-
cature, court of assize and general goal
delivery, within and for the counties of
Essex and Bristol [1G99-1700, chap. 3,
§ 2; 1742-43, chap. 32, ^ 2; 1745-46,
chap. 21; 1746-47, chap. 15], .

Chapter 16. An act for explaining an act, [e][i]n-
tit[M]led " An act to prevent and make
void clandestine and illegal purchases

1747.

June 29,

June 29,
June 29,

June 29,

Sept. 8,
Aug. 12,
Sept. 8,

Sept. 12,

Dec. 12,

1747-48.

Feb. 24,

Feb. 23,

July 2, 1752.

July 2, 1757.
July 2, 1757.

July 2, 1748.

Sept. 14, 1752.

1120

Public Acts.

List of the Public Acts — Continued.

TITLES.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

1747-48.— Fifth Session— Co«.

of lands from [thai Indians," so far as
relates to the dcvi [c] [s] e or bequest of
any real estate by the last will and tes-
tament of any Indians [1701-2, chap.
11].

389

403
408

411

417
419

420

422

422
423

425
426
428

1748-49.— First Session.

Chapter 1. An act for apportioning and assessing a
tax of ninety-one thousand pounds;
and also for apportioning and assessing
a further tax of four thousand four hun-
dred and eighteen pounds five shillings,
paid the representatives for their service
and attendance in the general court, and
travel ; and ninety pounds, sundry fines
imposed on towns for not sending repre-
sentatives, amounting in the whole to
ninety-five thousand'five hundred and
eight pounds five shillings [1744-45,
chap. 21, ^ 5; 1746-47, chap. 14, 5 4;
1747-48, chap. 2, § 3 ; 1747-48, chap. 13,
§ 5; 1747-48, chap. 14, § 4; 1747-48,
chap. 13, ^ 7 ; 1747-48, chap. 13, ^ 6] , .

Chapter 2. An act for granting unto his majesty sev-
eral rates and duties of impost and tun-
nage of shipping,

Chapter 3. An act for supplying the treasury with the
sum of one hundred thousand pounds,
for discharging the publick debts, &cM.,
and for drawing the -said bills into the
treasury again,

Chapter 4. An act for granting unto his majesty an
excise upon wines and spirits distilled,
sold by retail, and upon limes, lemmons
and oranges,

Chapter 5. An act for levying soldiers [1744-45, chap.
2; 1746-47, chap. 21]

Chapter 6. An act for continuing sundry laws of this
province, expired or near expiring [1737-
38, chap.- 9; 1738-39, chap. 15; 1740-41,
chap. 23; 1741-42, chap. 5], .

Chapter 7. An act for enlisting the inhabitants of
Dorchester, Weymouth and Charles-
town into his majesty's service for the
defence of castle William, as occasion
shall require,

Chapter 8.

Chapter 9.
Chapter 10,

Chapter 11.
Chapter 12.
Chapter 13.

Second Session.

An act for granting the sum of twenty-
four hundred pounds, for the support
of his majesty's governour, .

An act for the ease of prisoners for debt
[1740-41, chap. 22], . . . .

An act appointing William Coffin, farmer
of excise for the county of Suffolk, in
the room of Jeffry Bedgood [1748-49,
chap. 4, § 13],

Third Session.

An act for inquiring into the rateable
estate of the province [1741-42, chap. 9],

An act for the more easy partition of
lands [1742-43, chap. 24; 9 Mass., 374],

An act to prevent damage being done on
the beach and meadows in Plymouth,

1747-48.

March 3,

1748,

June 23,

Juno 24,

June 23,

Nov. 18,
Nov. 11,

Nov. 18,
1748-49.

Jan. 28,
Feb. 1,

June 27, 1749.

June 29, 1751.
July 3, 1750.

June 27, 1758.
Oct. f 8, 1748.

Feb. 13, 1759.

Feb. 2, 1756.

Public Acts.

List of the Public Acts — Continued.

1121

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

429
430

442

444

446

447

465
465

467
467

474
476

479

1748-49.— Third Session— Cora.

adjoining to said beach, commonly
known by the name of Plymouth Beach,

Chapter 14. An act to prevent damage 1)}' tire in the
towns of Boston and Ciiarlostown,

Chapter 15. An act for drawing in the bills of credit
of the several denominations which have
at any time been issued by this govern-
ment and arc still outstanding, and for
ascertaning the rate of coin'd silver in
this province for the future, .

Chapter 16. An act in further addition to an act en-
titled "An act for the more speedy
finishing the land-bank or manufactory
scheme" [1744-45, chap. 12],.

Chapter 17. An act in addition to, and for explanation
of, an act entitled " An act for limitation
of actions, and for avoiding suits at law,
where the matter is of long standing"
[1740-41, chap. 4, $ 1], .

Fourth Session.

Chapter 18. An act to prevent damage being done on
the beach in Biddcford, and meadows
adjoining to said beach, commonly
known by the name of Winter Harbour-
Beach,

Chapter 19. An act for continuing two laws of this
province, in this act mentioned, which
are near expiring [1741-42, chap. 18;
1745-4G, chap. 14]

1749-50. — First Session.

Chapter 1. An act for granting the sura of twenty-
two hundred pounds, for the support of
his majesty's governour,

Chapter 2. An act in addition to the several laws of
this province made for regulating of the
ferries betwixt Boston and Charlcstown,
and betwixt Boston and Winnisimet
[1710-11, chap. 1; 1718-19, chap. 6;
1739-40, chap. 1],

Chapter 3. An act to prevent the disturbance given
the general court by the passing of
coaches, chaises, carts, trucks and other
carriages bv the province court-house
[1747-48, cliap. 4],

Chapter 4. An act for granting unto his majesty sev-
eral rates and duties of impost and tan-
nage of shipping

Second Session.

Chapter 5. An act for the better regulating the choice
of petit jurors [1741-42, chap. 18],

Chapter 6. An act for regulating the hospital on

Rainsford Island, and further providing

' in case of sickness [1743-44, chap. 19,

1701-2, chap. 9],

Chapter 7. An act for the punishing such offenders
as shall be any waj's concerned in con-
triving, writing or sending any incendi-
ary or menacing letters in order to extort
sums of money or other things of value
from any of his majesty's good subjects,

1748-49.

Jan. 24,
Jan. 31,

Jan. 26,
Jan. 3,

Feb. 1,
1749.

Feb. 2, 1756.
Sept. 1, 1752.

April

22,

April

22,

June

23,

June

29,

June

23,

June

23,

Aug.

12,

Aug.

12,

Aug.

18,

April 27, 1752.
April 27, 1754.

July 1, 1752.

July 1, 1750.
July 1, 1750.

Oct. 25, 1756.
Oct. 25, 1756.

Aug. 22, 1752.

141

1122

Public Acts.

List of the Public Acts — Continued.

Date
of Passag

Disallowed
by Privy
Council.

Expired or had its
effect.

480

481
481

482

483

485

48o

486
488

489

493

404

1749-50.— Third Session.

Chapter 8. An act in addition to, and rendring more
efifectual, an act intitlcd " An act for
drawing in tlie bills of credit of tlie
several denominations which have at
any time been issued by this govern-
ment, and are still outstanding, and for
ascertaining the rate of coined silver in
this province for the future," made in
the twenty-second year of his present
majesty's reign [1748-49, chap. 15],

Chapter 9. An act to prevent vexatious law-suits,

Chapter 10. An act in addition to the act to enable two

justices to adjourn a court upon special

occasions [1694-95, chap. 21, ^ 2J,

Chapter 11. An act to allow the town of Swanzey, in

the county of Bristol, to set up and

carry on a lottery for tlie rebuilding and

. keeping in repair Miles' Bridge, in said

town [1719-20, chap. 8; 1732-33, chap.

14],

Chapter 12. An act to prevent the unnecessary de-
struction of alewives in the town of
Middleborough [1745-46, chap. 20; 1723-
24, chap. 10],

Chapter 13. An act to prevent any person's obstructing
the fish in their passing up into Mona-
tiquot River, within the town of Brain-
tre[y][c],. . . • • • •

Chapter 14. An act to prevent damage being done on
the beach, humocks and meadows be-
longing to the town of Scituate, lying
between the southerly end of the Third
Cliff, so called, and the mouth of the
North River [1723-24, chap. 10], .

Chapter 15. An act to prevent damage being done on
the meadows lying in the township of
Yarmouth, called Nobscusset Meadow,

Chapter 16. An act for reviving and continuing of
sundry laws that are expired or near
expiring [1740-41, chap. 20; 1741-42,
chap. 1 ; 1741-42, chap. 4 ; 1741-42, chap
14; 1742-43, cliap. 34; • '
23; 1746-47, chap. 27;
16; 1742-43, chap. 4;
20; 1742-43, chap. 19;
25 J 1746-47, chap. 10;
11; 1746-47, chap. 17; 1746-47, chap.
18],

Chapter 17. An act for supplying the treasury with the
sum of eighteen thousand four hundred
pounds, lawful money, for discharging
the publick debts, &c[a]

Fourth Session.

Chapter 18. An act in addition to an act made and
pass[e]'d in the twenty-second year of
his maj[es]ty's reign, intit[u]led "An
act for drawing in the bills of credit of
the several denominations which have
at any time been issued by this govern-
m[e?»]t and are still outstanding, and
for ascertaining the rate of coined silver
in this province for the future" [1748-
49, chap. 15; 1749-50, chap. 8], .

Chapter 19. An act for ascertaining the rates at which
coined silver and gold, and English half-

1743-44, chap.
1742-43, chap.
1742-43, chap.
1742-43, chap.
1746-47, chap,

1749-50.

Jan. 18,

1749.
Dec. 29,

1749-50.
Jan. 22,

1749,
Dec. 11,

Dec. 23,
Dec. 12,

Dec. 13,

1749-50.
Jan. 2,

Jan. 11,

Jan. 22,
1750.

April 12,

Jan. 9, 1753.
Feb. 1, 1753.

Jan. 9, 1755.
Jan. 9, 1755.

June 20, 1760,

Public Acts.

List of the Public Acts — Continued.

1123

TITLES.

Date
of Tassage.

Disallowed
by Privy
Council.

Expired or had its
etl'ect.

495

498
499

500
501

502

503

513

515

516

517

1749-50.— Fourth SessiON — Con.

pence and farthings, may pass within
this government [1748-49, chap. 15, § 9],

Chapter 20. An act in further addition to the several
acts of this province made for the distri-
bution and settlement of the estates of
intestates [1692-93, chap. 14, § 1 ; 1700-
1701, chap. 4; 1710-11, chap. 2; 1719-
20, chap. 10, 6^ 3 and 4; 1723-24, chap.
3, § 2; 1730-31, chap. 2; 1733-34, chap.
5; 1734-35, chap. 16], .

Chapter 21. An act for granting unto his majesty an
excise upon sundry articles hereafter
enumerated, for and towards the sup-
port of his majesty's governm[e?i]t, of
this province [1748-49, chap. 4, ^ 8],

Chapter 22. An act against diminishing [and] [or]
counterfeiting money [1700-1701, chap.
17; 1702-3, chap. 2], . . . .

Chapter 23. An act in addition to and for rendring
more effectual an act for the restraining
the taking excessive usury [1693, chap.
IJ, . . . .

Chapter 24. An act for prevcnnng stage-plays and
other theatrical entertainments,

Chapter 25. An act in addition to the act, intit[u]led
" An act to prevent damage 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 " [1742-43, chap. 11], .

Chapter 26. An act to prevent damage being done on
the meadows and beaches lying in and
adjoining on the north side of the town
of Harwich, between Skeket Harbour,
on the east, and Setucket Harbour, on
the west

Chapter 27. An act in addition to the act, intit[u]led
"An act to encourage the increase of
sheep and goats " [1740-41, chap. 23], .

1750-51. — First Session.

Chapter 1. An act for impowering the province treas-
urer to borrow the sum of five thousand
pounds, for applying the same to dis-
charge the debts of the province, and
defrey the charges of government, and
for making provision for the repayment
of the suEQ so borrowed,

Chapter 2. An act for granting the sum of three hun-
dred pounds for the support of his honor
the lieutenant-governour and command-
er-in-chief,

Chapter 3. An act in explanation of an act made and
passed in the eighteenth year of his
present majesty's reign, cntituled " An
act for granting to his majesty a duty of
tonnage on shipping" [1744-45, chap.
22]

Chapter 4. An act for continuing several laws of this
province, in this {ad] mentioned, which
are near expiring [1749-50, chap. 3;
1745-46, chap. 7; 1745-46, chap. 5], (')
[1744-45, chap. 26], (=) .

Chapter 5. An act in addition to the act for the bet-
te[r] regulating swine [1746-47, chap.

3. ^n^ - "

1750.

March 31,

April 12,

April 20,

April 18,

April 11,

April 17,

April 18,

April 12,

Aug. 1, 1753.
April 21, 1755.

April 21, 1755.
April 21, 1755.

March 1, 1756.

April 21, 1755.

26, f§l and 2],,

June 21,

June 29,

June 14,

June 28,
June 30,

(1) Oct. 11,1750.
(=) July 3, 1750.

June 16, 1757,

1124

Public Acts.

List of the Public Acts — Continued.

TITLES,

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its

eft'cct.

518

525

531

533

534

536
537

533

539
544

544

1730-51

-First Session — Con.

Chapter 6.

Chapter 7.
Chapter 8,
Chapter 9.

Chapter 10.
Chapter 11.

Chapter 12.
Chapter 13,

Chapter 14.

Chapter 15.
Chapter 16.

Chapter 17.

546 Chapter 18.

546

Chapter 19.

An act for granting to his majesty several
rates and dutiesof impost and tonnage
of shipping, ......

Second Session.

An act in explanation of an act made in
the reign of King William the Third,
intitled, "An act for review in civil
causes " [1701-2, chap. 6],

An act for establishing and regulating
fees of the several officers, within this
province, as are hereafter mentioned
[1746-47, chap. 24],

An act for impowering the province treas-
urer to borrow the sum of four thou-
sand pounds, for applying the same to
discharge the debts of the province, and
defrcy the charges of govei'nment, and
for making provision for the repayment
of the sum so borrowed,

An act in further addition to an act, inti-
tled " An act for rendring more effec-
tual the laws already in being, relating
to the admeasurement of boards," &c.,
" and for preventing fraud and abuse in
shingles " &c. [1743-44, chap. 22], .

An act in addition to and explanation of
an act made this present year, intitled
" An act for granting unto his majesty
several rates and duties of impost and
tonnage of shipping" [1750-51, chap. 6],

Third Session.

An act to regulate the importation of Ger-
mans and other passengers coming to
settle in this province, ....

An act for holding a snperiour court of
judicature, court of assize and general
goal delivery at other times than those
already appointed by law [1747-48,
chap. 15],

An act for raising the sum of twelve hun-
dred pounds by lottery, for building
and maintaining a bridge over the River
Parker, in the town of'Newbury, at the
place called Old Town Ferry,

An act for supplying the treasury with
twenty-six thousand seven hundred
mill'd dollars,

An act for granting the sum of three hun-
dred pounds, for the support of his
honor the lieutenant-governourand com-
mander-in-chief,

An act for preventing and suppressing of
riots, routs and unlawful assemblies.

An act in addition to an act, intitled " An
act to prevent damage being done on
the beach, humocks and meadows be-
longing to the town of Scituate, lying
between the southerly end of the ' Third
Clift,' so called, and the mouth of the
North River " [1749-50, chap. 14] ,

An act for granting unto Benjamin Ci-abb
the sole privile[fi]ge of making candles
of coarse spermacaati oyl,

1750.

June 30,

Oct. 6,

Oct. 9,

Oct. 10,

Oct. 6,
1750-51.

Feb. 6,

Feb. 11,

Jan. 29,

Feb. 8,

Feb. 15,

Feb. 14,

Feb. 8,

Feb. 20,

June 30, 1751.

Jan. 5, 1753.

Oct. 12, 1755.

Feb. 14, 1754.

May 31, 1761.

Public Acts.

List of the Public Acts — Continued.

1125

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
etfect.

548

5 id

553
551

554

537

563

573

57-4

1750-51.— Fourth Session.

Chai)ter 20. An act in addition to an act intitled " An
act for supplying the treasury with
twenty-six thousand seven luindrcd
mill'd dollars" [1750-51, chap. 15, § 6],

Chapter 21. An act providing for the support of min-
isters in new plantations [1715-lG, chap.
17],

Chapter 22, An act in addition to an act for regulating
fences, cattle, &c. [1693-94, chap. 7, § 9],

Chapter 23. An act in addition to the several laws
already in being for the more speedy
finishing the land bank or manufactory
scheme [1743-44, chap. 17; 1743-44,
chap. 17, ^ 3], . ... . ■ .

Chapter 24. An act in further addition to an act made
and pass'd in the twenty-second year
of his present majesty's reign, intitled
" An act for drawing in the bills of
credit of the several denominations
which have at any time been issued b}'
the government and are still outstand-
ing, and for ascertaining the rate of
coined silver in this province for the
future " [1748-49, chap. 15], .

1751-52.— First Session.

Chapter 1. An act to enable and impower the inhab-
itants of new plantations within this
province, enio[y][i]ned and sulyected
by law, or that may hereafter be en-
jo [y] [«]ned and subjected, to pay prov-
ince and county taxes, to assess, levy
and collect the same, . . . .

Chapter 2. An act in addition to an act made and
pass[e]'d in the first year of the reign
of bis majesty King George the First,
intitled '• An act for building and main-
taining a light-house upon the Great
Brewster (called 'Beacon-Island '), at
the entrance of the harbour of Boston "
[1715-16, chap. 4],

Chapter 3. An act for altering the time appointed for
holding the court of general sessions of
the peace and infcriour court of common
pleas, at Concord, within and for the
county of Middlesex [1742-43, chap. 32,

M].

Chapter 4. An act for altering the time for holding
the court of general sessions of the
peace and the infcriour court of com-
mon pleas for the county of Nantucket
[1742-43, chap. 32, § 1], .

Chapter 5. An act for granting unto his majesty an
excise upon wines and spirits distill [e] 'd,
sold by retail, and upon limes, lemmons
and oranges,

Chapter 6. An act for granting the sum of three hun-
dred pounds ftir the support of his
honour the licutenant-governour and
commander-in-chief, ....

Chapter 7. An act for reviving and continuing sundry
laws of this province, that are expired
[and] [or] near expiring [1738-39, chap.

1751.

April 18,

April 26,

April 24,

Apr.

26,

June 21,

June

June 20,

June 18,

June 21,

April 27, 1756.
April 27, 1756.

June 25, 1753.

June 29, 1752.

* The date of the passage of this act has not been ascertained, owing to the imperfection of the records .ind the
loss of the engrossment. The bill took its first reading, in the council, March 29, 1751.

1126

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by rrivy
Council.

Expired or had its
effect.

575

Chapter 8.

576
582

Chapter 9.

Chapter 10.

1751-52.— First Session— Com.

25; 1739-40, chap. 3; 1739-40, chap. 8;
1739-40, chap. 12; 1741-42, chap. 6;
1742-43, chap. 17; 1742-43, chap. 25;
1743-44, chap. 19; 1745-46, chap. 16;
1746-47, chap. 6 ; 1746-47, chap. 11], .

An act for continuing the time for draw-
ing the lottery established hy an act
pass[e]'d in the twenty-fourth year of
his present majesty, intit[u]lcd "An
act for supplying the treasury with
twenty-six thousand seven hundred
mill'd dollars, and for making further
provision relating to said lottery" [1750-
51, chap. 15; 1750-51, chap. 20], .

An act for granting to his majesty several
rates and duties of impost and tunnage
of shipping,

An act for apportioning and assessing a
tax of thirty thousand three hundred
and ninety-four pounds, eight shillings
and eightpence; and also for appor-
tioning and assessing a further tax of
five thousand two hundred and ninety
pounds eleven shillings and fourpence,
paid the representatives for their service
and attendance in the general court and
travel [1] , and for fines laid on several
towns for not sending a representative ;
amounting in the whole to thirty-five
thousand six hundred and eighty-five
pounds [1749-50, chap, 17; 1750-51,
chap. 1, § 5 ; 1750-51, chap. 9, § 5] ,

595

596
597

598

599
600

603

Chapter 11.

Second Session.

An act for supplying the treasury with the
sum of four thousand five hundred and
forty-five pounds [1750-51, chap. 15],

Chapter 12.

Third Session.

An act in addition to an act made and
pass[e]'d in the thirteenth year of King
William the Third, intitlcd "An act
providing in case of sickness " [1701-2,
chap. 9]

Chapter 13. An act in further addition to the act
intitled " An act for review in civil
causes " [1701-2, chap. 6 ; 1720-21, chap.
11 ; 1732-33, chap. 13; 1734-35, chap. 5;
1750-51, chap. 7],

Chapter 14. An act for erecting the village parish, and
middle parish, so called, in the town of
Salem, into a distinct and seperate dis-
trict by the name of Danvers,

Chapter 15. An act for erecting the plantation called
the Elbows, into a district by the name
of Palmer,

Chapter 16. An act for supplying the treasury with the
sum of eighteen thousand six hundred
pounds, to bo applied to discharge the
debts of the province, and defrey the
charges of the government, .

Chapter 17. An act for the l:)ettcr i-egulation of the
course of judicial proceedings [1703-4,
chap. 13, § 1]

1751-

June 22,

June 13,
June 18,

June 21,

Oct.

1752.

Jan.

30,

28,

30,

23,

30,

July 1, 1754.

June IS, 1752.

Jan. 31, 1755.

Public Acts.

1127

List of the Public Acts — Coniiiiued.

TITLES,

Date
of Passage.

Disallowed
by Privy
Council.

Kxpired or had its
effect.

604

609

610

615

616

1751-52. — Third Session — Con.

Chapter 18. An act for granting the srnn of three hun-
dred pounds for the support of his hon-
o[M]r the licutenant-governo[t<]r and
commander-in-chief, . . . .

Chapter 19. An act to impower the proprietors of the
meeting-house in the first parish in
Salem, where the reverend Mr. John
Sparhawk now officiates, and also the
proprietors of the meeting-house in the
third parish in Newbury, where the
reverend Mr. John Lowell officiates, to
raise money for defr[a] [e]ying minis-
terial and other necessary charges [1735-
6, chap. 5, § 1],

618
625

1752-53.--FIRST Session.

Chapter 1. An act in further addition to the act for
limitation of actions, and for avoiding
suits at law, where the matter is of long
standing [1748-49, chap. 17], .

Chapter 2. An act in addition to an act for the more
speedy extinguishment of fire and pre-
serving goods endangered by it [1744-
45, chap. 30, ^ 1],

Chapter 3; An act for granting unto his majesty an
excise upon wines and spirits distilled,
sold by retail, and upon limes, lem-
[»t]ons and oranges, ....

Chapter 4. An act for grantingthe sum of three hun-
dred pounds for the support of his hon-
our the licutenant-governour and com-
mander-in-chief,

Chapter 5. An act for altering the times for holding
the supcriour court of judicature, court
of assize and general goal deliver}', next
to be holdcn within and for the coun-
t[y][ie]s of Worcester and Hamfn]-
shire [1742-43, chap. 32, ^2],

Chapter 6. An act enabling the assessors of the town
of Stoughton, for the year 1751, as also
the assessors of the first and third par-
ishes in said town, to assess the inhab-
itants of said town and parishes for the
several taxes for said year; as also the
constables or collectors for said year,
to collect the same, ....

Chapter 7. An act for granting to his majesty several
rates and duties of impost and tunnage
of shipping, [1751-52, chap. 16], .

Chapter 8. An act for the supply of the treasm-y with
eight thousand one hundred and forty-
two pounds four shillings, and for draw-
ing the same again into the treasury;
also for apportioning and assessing a
tax of twenty-five thousand pounds ; and
also for apportioning and assessing a
further tax of one thousand seven hun-
dred and forty-two pounds four shil-
lings, paid the representatives for their
service and attendance in the general
court, and travel, and for fines laid on
several towns for not sending a repre-
sentative : amounting in the whole to
twenty-six thousand seven hundred
forty-two pounds four shillings [1751-
52, chap. 16],

1752.

Jan.

30,

Jan. 29,

June

Jan. 31, 1755.

June 29, 1753.

June

June 4,

June

June 16, 1753.

1128

Public Acts.

List of the Public Acts — Continued.

637
638

639

641

642

TITLES,

Date
of Passage.

644

645
646

647

649

651

1752-53.— Second Session.

Chapter 9. An act for dividing the town of Groton,
and making a district by the name of
Shu-ley, . ,

Chapter 10. An act for erecting the second precinct, in
the town of Northampton, into a SQpe-
rate district, by the name of South-
ampton,

Chapter 11. An act for granting the sum of three hun-
dred and fifty pounds, for the support
of his honour the lieutenant-govern-
[o2<]r, and commander-in-chief,

Chapter 12. An act for further regulating the proceed-
ings of the courts of probate within this
province [1692-3, chap. 46, ^ 2 ; 1703-4,
chap. 12; 1719-20, chap. lO; 1738-9,
chap.23], !

Chapter 13. 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 [1692-3, chap. 14 ; 1703-4,
chap. 12; 1719-20, chap. 10], .

Chapter 14. An act for allowing necessary supplies to
the Eastern Indians, and for regulating
trade with them, preventing abuses
therein, and for the preventing persons
hunting on the land to the eastward of
Saco river, or trading with them, other
than the truck-masters chosen by the
general court [1742-43, chap. 2] , .

Chapter 15. An act in addition to an act pass'd the
thirteenth year of his present majesty's
reign, [e] [e']ntit[u]led -" An act further
to exempt persons commonly called
An[n]abaptlsts within this province
from being taxed for and towards the
support of ministers" [1740-41, chap.
6] , ...

Chapter 16. An act to pi-event the breaking or damni-
fying of lamps set up in or near streets,
for culightning the same,

Chapter 17. An act for reviving and continuing of sun-
dry laws that are expired or near ex-
piring [1745-46, chap. 9 ; 1746-47, chap.
27 ; 1746-47, chap. 28 ; 1747-48, chap. 3 ;
1748-49, chap. 14; 1748-49, chap. 18;
1749-50, chap. 7; 1740-41, chap. 19;
1742-43, chap. 18; 1742-43, chap. 22;
1749-50, chap. 12 ; 1749-50, chap. 13] , .

Chapter 18. An act for further preventing all riotous,
tumultuous and disorderly assemblies
or companies of persons and for pre-
venting bonfires in any of the streets or
lanes within any of the towns of this
province, . •

Chapter 19. An act for confirming the proceedings of
William Foye, Esq[>]., treasurer of this
province, Daniel Russell, Esq [•]., com-
missioner of impost, and John Wheel-
wright, Esq ['■]., commissary-general,
in their respective capacities, .

Chapter 20. An act for preventing damage by horses
going at large,

Third Session.

Chapter 21. An act for altering the times for holding
the superiour court of judicature, court

1753.

Jan.

Disallowed
by Privy
Council.

Expired or had its
efifect.

Jan.

Jan.
Jan.

Jan. 6, 1756.

Jan. 6, 1763.

Jan. 6, 1756.

Jan. 6, 1758.
Jan. 6, 1758.

July 11, 1761.

Mar. 10, 1756.

Jan. 6, 1758.

. Public Acts.

List of the Public Acts — Continued.

1129

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had Its
effect.

1752-53.— Third Session—Coh.

of assize and general-iEtoal delivery,
witbin tbe counties of PI [i] [j/] mouth,
Biirnstablc and Bristol [1742-43, chap.
32, § 2; 1747-48, cbap. 15; 1746-47,
chap. 15],

Chapter 22, An act in addition to the several acts or
laws for the suppressing of lotteries
[1719-20, chap. 8; 1732-33, chap. 14], .

Chapter 23. An act for erecting the second precinct in
the town of Groton into a seperate dis-
trict,

Chapter 24. An act for erecting the second precinct in
tlic town of Leicester into a seperate
district,

Chapter 2-5. An act for erecting the northwesterly part
of the town of liutland into a sep[a] [e]-
rate district,

Chapter 26. An act for erecting the second precinct in
the to\m of Hadley, into a seperate dis-
trict

Chapter 27. An act for annexing certain lands within
this province, to the counties of Hamp-
shire, Worcester and York [1730-31,
chap. 8]

Chapter 28. An act for estaljlishing and regulating
fees of the several officers within this
province hereafter mentioned [1750-51,
chap. 8] ,

1753-54.— First Session.

Chapter 1. An act in addition to an act, intitled " An
act directing how meetings of proprie-
tors of lands lying in common mav be
called" [13 Allen, 543; 11 Mass., i75].

Chapter 2. An act for erecting the township of New
Salem, so called, in the county of Hamp-
shire, into a district, . . . .

Chapter 3. An act for erecting the north-easterly part
of the town of Dcerfield into a seperate
district,

Chapter 4. An act for erecting a place called Sheeps-
cot, in the county of -York, into a dis-
trict by the name of Newcastle, .

Chapter 5. An act for granting unto his majesty an
excise upon wines and spirits distill [e] 'd,
sold by retail, and upon limes, lemmons
and oranges,

Chapter 6. An act for reviving and continuing sundry
laws of this province, expired or near
expiring [1743-44, chap. 6; 1743-44,
chap, h; 1746-47, chap. 12; 1747-48,
chap. 11 ; 1750-51, chap. 17],

Chapter 7. An act for granting the sum of three hun-
dred and forty pounds, for the support
of his honour the lieutenant-govern [ou] r
and commander-in-chief.

Chapter 8. An act for granting the sum of fifteen hun-
dred pounds to encourage the manufact-
[ory] [m-e] of linnen, ....

Chapter 9. An act to prevent liring the woods [1742-
43, chap. 22; 1745-4G, chap. 17], .

Chapter 10. An act for the supply of the treasury with
nine thousand pounds, and for appor-
tioning the same, and for drawing it into
the treasury ; and also for assessing a
further tax of one thousand five hun-

1753.

Apr, 12,

Apr. 12,

Apr. 12,
Apr. 12,

June 19,

June 15,

June 9,

Juno 19,

June 15,

June 11,

June 15,

June 19,

June 11, 1756.

July 9, 1754.

June 23, 1758.

Aug. 1, 1758.
June 23, 1763.

142

1130

Public Acts.

List of the Public Acts — Continued.

TITLES.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

G96

704

705

Chapter 11.

Chapter 12.

Chapter 13.

Chapter 14.

1753-54.— First Session— Con.

dred and twenty-three pounds six shil-
lings, paid the representatives for their
service and attendance in the general
court, and travel, and for fines laid on
several towns, for not sending a repre-
sentative; and the further sums here-
after mentioned, on tlic towns hereafter
named, in the county of Suffolli, for the
repairs of the town house; vizCO., the
town of Boston, fifteen hundred and six-
teen pounds eighteen shillings and four-
pence; the town of Braintree, thirty-
six pounds ten shillings ; the town of
Brookline, nine pounds fifteen shillings ;
and the town of Chelsea, tbirteen pounds
six shillings : and also one other tax on
the towns hereafter named, in the prov-
ince, for former arrears now due;
vizCt]., the toAvn of Boston, twenty-two
pounds eighteen shillings and fivepence;
North Yarmouth, twenty-one pounds
two shillings and niucpence; George-
town, fifteen pounds six shillings and
tenpence; Kittery, thirty-four pounds
eleven shillings and sixpence; Berwick,
thirteen shillings andsevenpence; Hop-
kinston, fifteen shillings and twopence;
Cambridge, fourteen shillings and nine-
pence; Ipswich, sixty-eight ]iounds five
shillings and fourpcnce"; Marblehcad,
one hundred and eight pounds sixteen
shillings and» sevenpence; Boxford,
thirteen shillings and fourpcnce ; Leices-
ter, five pounds thirteen shillings and
fourpence; District of Spencer, two
pounds sixteen shillings and eight-
pence ; Bridgwater, fifteen pounds seven
shillings and fivepence; Chatham, one
pound nineteen shillings : — amounting
in tlie whole to twelve thousand four

hundred pounds,

An act for granting to his majesty sev-
eral rates and duties of impost and tun-
nage of shipping [1751-52, chap. 16] , .

706

Chapter 15.

Second Session.

An act for setting off the inhabitants, as
also estates of the proprietors, of that
part of the precinct of Salem and Bev-
erly, so called, which is part of Salem,
to the town of Beverly, ....

An act to ap])oint commissioners to ex-
amine into the boundary-line or lines
between this government and New York,
and to treat Vvith the commissioners ap-
pointed by the colony of New York
respecting the same

An act to impower the proprietors of the
meeting-house in the first parish in
Salem, where the Rev. Mr. Dudley
Leavitt now officiates, to raise money to
defrey ministerial and other necessary
charges [1735-36, chap. 5, $ 1],

An act in addition to an act, intitled " An
act for encouraging the killing of wolves,
bears, ■\vild-cats and catamounts within
this province " [1745-46, chap. 5 ; 1750-
51, chap. 4],

1753.

June 21,

June 15,

Sept. 11,

Sept. 13,

Sept. 14,

Sept. 11,

June 26, 1754.

Sept. 22, 1756.

Oct. 20, 1756.

Public Acts.

List of the Public Acts — Continued.

1131

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

1753-54.— Third Session.

Chapter 16. An act to incorporate William Starkey
and others, by the name of the Marine
Society,

Chapter 17. An act in addition to an act, [i] [ejntitled
" An act impowering justices of the
peace to decide differences not exceed-
ing forty shillings" [1697, chap. 8;
1703-4, chap. 12, ^ 4]

Chapter 18. An act for the more easy recovering the
charges that attend the partition and
settlement of real estate [s] , and to cause
the persons interested in such estate[s]
to be duly notified before partition be
ordered,

Chapter 19. An act in addition to an act made in the
fifth year of her late majesty Queen
Anne, entitled " An act for a new choice
of town officers on special occasions "
[1706-7, chap. 3, 5 2], . . . .

Chapter 20. An act iu addition to an act, [i] [e]ntitled
"An act against diminishing or counter-
feiting money " [1749-50, chap. 22], ,

Chapter 21. ^n act for incorporating the plantation
called Bedford, in the county of Hamp-
shire, into a seperate district by the name
of Granville,

Chapter 22. An act for erecting the north parish, in the
town of Sunderland, into a seperate
district, by the name of Montague,

Chapter 23. An act for the effectual preventing the
currency of the bills of credit of Con-
necticut, New Hampshire and Rhode
Island, within this province [1748-49,
chap. 15, § 11 ; 1753-54, chap. 23],

Chapter 24. An act for supply of the treasury with ten
thousand pounds, and applying the
same for the discharge of the publick
debts [1753-54, chap. lO,^ 11; 1751-52,
chap. 16],

Chapter 25. An act for granting the sum of fourteen
hundred pounds, for the support of his
majesty's governour, ....

Chapter 26. An act for impowering the province treas-
urer to borrow the sum of five thou-
sand pounds, and for applying the same
for the redemption of the bills of credit
of this province that are still outstand-
ing, and for making provision for the
repayment of the sum so borrowed,

Chapter 27. An act to enable the proprietors of Stow,
in the county of Middlesex, so often as
it shall be thought necessary for them,
to raise money for the use of said pro-
prietors ; and to tax and assess the origi-
nal proprietors of said town, and their
heirs, in equal proportion to their inter-
est when the first lot[t]s were divided
and drawn,

Chapter 28. An act in addition to an act, entitled " An
act to enable creditors to receive their
just debts out of the effects of their
absent or absconding debtors" [1738-
39, chap. 15; 1748-49; chap. 6], .

Chapter 29. An act in addition to the several laws of
this government made for the regulating
general fields [1741-42, chap. 3], .

Chapter 30. An act for preventing the unnecessary
destruction of alewives in the town of

1754.

Jan. 25,

1753
Dec.

'27,

Dec.

18.

Dec.

20,

1754
Jan.

"25,

Jan.

25,

Jan.

25,

Jan.

25,

Mar. 31, 1757.

Jan. 26, 1759.

Feb. 1, 1757.

1132

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
eflect.

723

725

726

727

728
729
730

731

732

734

738
738

1753-54.— Third Session— Coj?.

Sandwich [1745-46, chap. 14; 1748-49,
chap. 19; 1726-27, chnp. 3], .
Chapter 31. An act for prevcntinj? mischief by unruly
dogs on the islands of Martha's Vine-
yard, Chel)aqnid[o] [?<]ck, and also on
the island of Nantucket,

Fourth Session.

Chapter 32. An act for establishing and confirming
divers writ[t]s and processes issued out
of the office of the clerk of the infcriour
court of common pleas for the county
of Essex, since the twenty-fourth day
of January last, so ftir as relates to the
teste which such wnt[t]s and processes
bear,

Chapter 33. An act for altering the times appointed
for holding the superiour court of judica-
ture, court of assize and general goal
delivery, within and for the counties of
Essex and York ; and also for altering
some of the courts of general sessions of
the peace and inferiour court of common
pleas, within and for the counties of
PI [i] []/] mouth, Barnstable and York
[1742-43, chap. 32 ; 1745-46, chap. 21], .

Chapter 34. An act in further addition to the act for
limitation of actions, and for avoiding
suits in law, where the matter is of long
standing [1752-53, chap. 1; 1748-49,
chap. 17],

Chapter 35. An act for erecting a new town within the
county of Middlesex, by the name of
Lincoln,

Chapter 36. An act for dividing the town of Concord,
and making a district of the northerly
part thereof by the name of Carlisle,

Chapter 37. An act for incorporating the plantation
called Quabin, in the county of Hamp-
shire, into a town by the name of Grccn-
■wich,

Chapter 38. An act for erecting a town in the county
of Worcester, at a plantation called
Nichewoag, by the name of Petersham,

Chapter 39. An act to enable the justices of the court
of general sessions of the ])eace, at their
several sessions in the county of Dukes
County, more effectually to regulate and
keep up a constant fcny from Dukes
County to Falmouth, in the county of
Barnstable [1729-30, chap. 7],

Chapter 40. An act impowering the province treasurer
to borrow five thousand three hundred
pounds, and for applying the same to
defrey the charge of building a fort on
Kennebeck River, and for sundry' other
purposes ordered l)y this court.
Chapter 41. An act for levying soldiers, and to prevent
soldiers and seamen in his majesty's
service from being arrested for debt

[1748-49, chap. 5],

Chapter 42. An act for further regulating the course of

judicial proceedings, . . . .

Chapter 43. An act in addition'to the act made and

pass[e]'d in the eighth year of her late

majesty Queen Ann[e],"[e] [i]ntit[u]led

1754,
Jan. 25,

Jan. 11,

April 1, 1757.

Mar. 1, 1757.

March 27,

Apr. 19,

Apr. 20,

Apr. 19,

Apr. 18,

Apr. 20,

Apr. 23,

Mar. 31, 1756.

Jmie 1, 1757.
Jan. 25, 1757.

Public Acts.

List of the Public Acts — Continued.

1133

Date
of Passage.

Disallowed
by Privy
Coiiiicil.

Expired or liad its
efl'cct.

739

1753-54. — Fourth Session — Con.

"An act for regulating of , drains or
common shores " [1709-10, chap. 5, § 3],
Chapter 44. An act to prevent neat-cattic and horses
running at large and feeding on the
beaches and meadows below the banks,
in the town of Truro, from the house of
Joshua Atkins to Bound Brook, and
also on the common meadow at and
about Pamit harbour and river, as f\ir
up as the wading-placc by John Lum-
bart's [1750-51, chap. 4],

749
750
750

753
755

755
756

756
757

757
764

1754-55.— FiKST Session.

Chapter 1. An act for impowering the corporation of
Harvard College, in certain cases, to
alienate lands or other real estate, and
to make sale of a farm in Billerica,

Chapter 2. An act to enable John Payne of Boston,
gentleman, to attest certain records in
the probate ofHce of the county of Suf-
folk,

Chapter 3. An act for granting unto his majesty an
excise upon sundry articles hereafter
enumerated, for and towards the sup-
port of his maj[es]ty's govcrnm[e«]t of
this province [1753-54, chap. 5, § 8],

Chapter 4. An act for punishing of officers or soldiers
who shall mutiny, or desert his majes-
ty's service,

Chapter 5. An act for reviving and continuing sundry
laws of this province, that are expired or
near expiring [1738-39. chap. 2.5; 1739-
40, chap. 8; 1739-40, chap. 12; 1711-42,
chap. 6; 1742-43, chap. 17; 1742-13,
chap. 25; 1743-44, chap. 19; 17!")-46,
chap. 16; 1746-47, chap. 6; 1746-47,
chap. 11],

Chapter 6. An act for granting the sum of thirteen
hundred pounds, for the support of his
majesty's governo[t<]r, . . . .

Chapter 7. An act for further continuing the act,
[e] [«]ntit[ut]led " An act in addition to
an act, intitled ' An act for the better
preservation and increase of deer within
this province' " [1739-40, chap. 3],

Chapter 8. An act to prevent mischief being done by
unruly dogs in the town of Beverly,

Chapter 9. An act for impowering the province treas-
urer to borrow the sum of twenty-one
hundi-ed and fourteen pounds, and ap-
plying the same towards the expence
of sendinii three hundred men eastward
[1751-52, chap. 16],

Chapter 10. An act for granting unto his majesty sev-
eral rates and duties of impost and tun-
nage of shipping,

Chapter 11. An act for the supply of the treasury with
the sum of nine thousand four hundred
fifty-six pounds seven shillings and
eightpence, and for drawing the same
into the treasury again ; also for appor-
tioning and assessing a tax of eighteen
thousand pounds; and also for appor-
tioning and assessing a further tax of
two thousand four hundred and twenty-
three ]X)unds one shilling, paid the rep-

1754.

Apr. 17,

June 1, 1759.

Apr. 19,

June 1, 1757.

June

June
June

16,
7,

16,
6,

July 1, 1756.
June 19, 1755.

July 1, 1759.

July 1, 1764.
July 1, 1757.

16,

June 26, 1755.

1134

Public Acts.

List of the Public ^cfs— Continued.

TITLES,

Date
of rassage.

778

1754-55.— First Session— Com.

resentatives for their service and'attend-
ance in the general court, and travel,
and for fines laid on several towns for
not sending a representative: both
which sums amount, in the whole, to
twenty thousand four hundred twenty-
three pounds one shilling [1753-54,
chap. 26, § 6; 1753-54, chap. 40, § 2], .

Chapter 12.

780

781

782

782
790

793

796

797
799

800

Chapter 13.

Chapter 14.
Chapter 15.

Chapter 16.
Chapter 17.

Chapter 18.

Chapter 19.

Chapter 20.
Chapter 21.

Chapter 22.

1754.

Second Session.

An act for the better securing and ren-
dering more effectual grants and dona-
tions to pious and charitable uses,, and
for the better support and maintenance
of ministers of the gospel, and de-
fr[a][e]ving other charges relating to
the pub'lick worship [10 Mass., 97; 12
Mass., 545; 14 Mass., 336; 16 Mass.,
493, 497, 501, 507; 10 Pick., 189, 451,
453; 12 Met., 255; 3 Gray, 38, 39, 146;
13 Allen, 505; 10 Allen, 6], .
An act for making an addition to the
second precinctin the town of Brookfield,
in the county of Worcester, and dividing
the first precinct in said town into two

precincts,

An act for setting off the inhabitants, as
also the estates, of the westerly part of
Oxford into a seperate district, by the
name of Charlton, . .
An act declaring in what manner the de-
crees and orders of the governour and
council, in controversies concerning
marriage and divorce, shall be carried
into execution [1692-3, chap. 25, § 4] , .
An act for granting unto his majesty an
excise upon spirits distilled and wine,
and upon limes, Icmmons and oranges.
An act for supplying the treasury with the
sum of twenty-three thousand pounds
for discharging the publick debts, and
for drawing the same into the treasury.
An act for granting to his majesty sev-
eral duties upon vellum, parchment and
paper, for two years, towards defreying
the charges of this government, .
An act in addition to an act, intit[u]led
» An act for granting unto his majesty
an excise upon sundry articles hereafter
enumerated, for and towards the sup-
port of his majesty's government of this
province" [1754-55, chap. 3; 1754-55,
chap. 16, § 6], . . . • ^- . •
An act to prevent damage to English
grain, arising from barberry -bushes, .
An act for the securing the growth and
increase of a certain parcel of wood and
timber in the townships of Ipswich and
Wenham, in the county of Essex, .
An act for continuing an act of this prov-
ince, intitled " An act to impower the
proprietors of the meeting-house in the
first parish in Salem, where the RevCd]
Mr. John Sparhawk now officiates, and
also the proprietors of the meeting-house
in the third parish in Newbury, where

June 19,

1755.

Disallowed
by rrivy
Council.

Expired or had its
effect.

Jan. 10,

1754.
Nov. 8,

Nov. 21,

1755.
Jan. 8,

1754.
Dec. 19,

1755.
Jan. 8,

Jan. 8,

Jan. 2,

1754.
Dec. 26,

1755.
Jan. 9,

Dee. 26, 1755.

April 30, 1757.

July 1, 1756.
Juno 10, 1764.

Jan. 13, 1765.

Public Acts.

List of the Public Acts — Continued.

1135

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

800

1754-55. — Second Session — Con.

the RevCd] Mr. John Lowell officiates,
to raise money for defreying ministerial
and other necessary charges,"
Chapter 23. An act for tlie supply of the treasury with
the sum of six thousand pounds, and for
applying the same for tlie payment of the
forces raised for the late expedition at
Kennebeck [1753-54, chap. 40 ; 1754-55,
chap. 9]

802

803

804
806

Chapter 24.

Chapter 25.

Chapter 26.
Chapter 27.

807

808

809

Chapter 28.

Chapter 29.

Chapter 30.

Chapter 31.

812

Chapter 32.

Third Session.

An act in further addition to the several
laws already in being for the more
speedy finishing the land-bank or manu-
factory scheme'"[1748-49, chap. 16 ; 1750-
51, chap. 23]

An act in addition to an act made and
pass[e]'d this present year of his majes-
ty's reign, iiititled " An act for supply-
ing the treasury with the sum of twenty-
three thousand pounds for discharging
the publick debts, and for drawing the
same into the treasury " [1754-55, chap.
17]

An act for appointing assayers of potash
and pcarlash,

An act for the more effectual carrying into
execution such orders as shall, at any
time, be given by his majesty's gov-
ernour or commander-in-cliief, at the
desire of the two houses of assembly (or
of the council, the general court not sit-
ting) , for restraining vessels from sail-
ing out of any ports within this prov-
ince

An act in addition to and for rend [e] ring
more effectual an act, [e] [jjntitled " An
act for gi-anting unto his majesty an ex-
cise upon spirits distilled, and wine, and
upon limes, lemmons and oranges "
[1754-55, chap. 16], . . . .

An act for reviving a law of this province,
made in the twenty-third year of his
present majesty's reign, intitled " An
act to prevent damage being done on
the meadows lying in the township of
Yarmouth, called Nobscusset Mea-
dow" [1749-50, chap. 15],

An act in addition to an act made in the
twenty-seventh year of his present maj-
esty's reign, [e] [i]ntitled "An act for
levying soldiers, and to prevent soldiers
and seamen in his majesty's service
being arrested for debt " [1753-54, chap.
41],

An act for preventmg the unnecessary
destruction of alewives, and other fish,
within this province [1735-36, chap. 21 ;
1741-42, chap. 16, 5 5; 1692-93, chap.
28, 6 8; 1726-27, chap. S; 1698, chap.
7]

Fourth Session.

An act impowering the province treasurer
to borrow the sum of five thousand

1755.

Jan. 10,

1754.
Nov. 23,

1755.

Feb. 27,

Feb. 18,
Feb. 21,

Feb. . 21,

Feb. 22,

Feb. 27,

Feb. 26,

April 28, 1760.

July 1, 1760.

Feb. 22, 1756.

Mar. 1, 1760.

June 1, 1759.

Mar. 15, 1758.

1136

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

813

814

1754-55.— Fourth Session — Con.

pounds, and for applying the same to
defr[a][e]y the charges of the in-
tended expedition westward, .

Chapter 33. An act to impower the aitcnt of this prov-
ince at the court of Great Britain, to
t)orrow money for the use of the prov-
ince,

Chapter 34. An act to encourage and facilitate the re-
moval and prevention of French en-
croachments on his majesty's North
American territories, . . . .

841

861

864
865

866
867

1755-56.— First Session.

Chapter 1. An act for granting unto his majesty sev-
eral rates and duties of impost and tim-

nagc of shipping,

Chapter 2. An act for the supply of the treasury with
the sum of ten thousand one hundred
and fifteen pounds fourteen shillings,
and for drawing the same into the treas-
ury again ; also for apportioning and
assessing a tax of thirty-six thousand
pounds; and also for apportioning and
assessing a further tax of three thou-
sand one hundred and fifteen pounds
fourteen shillings, paid the representa-
tives for their service and attendance in
the general court, and travel, and for
fines laid upon towns that did not send
a representative: which sums amount,
in the whole, to thirty-nine thousand
one hundred fifteen pounds fourteen
shillings [17o4-5o, chap. 23, J 2; 1754-

55, chap. 17, ^ 6]

Chapter 3. An act to enable the precinct of Teticut,

in the county of Pl[i] [y]mouth, to raise

a sum, by lottery, towards building a

bridge over Teticut River,

Chapter 4. An act for supplying the treastiry with

the sum of fifty thousand pounds, for

discharging the publick debts, and for

drawing the same into the treasurjs .

Chapter 5. An act for granting the sum of thirteen

hundred pounds, for the support of his

majesty's govcrnonr, ....

Chapter 6. An act for the more effectual prevention

of supplies of provisions and Avarlike

stores to the French, from an}' parts of

this province [1754-55, chap. 34], .

Chapter 7. An act for preventing the exportation of

provisions and warlike stores, out of

this province,

Chapter 8. An act in addition to an act, intit[u]led
" An act for granting to his majesty
several duties upon vellum, parchment
and paper, for two years, towards de-
fraving the charges of this government "
[1754-55, chap. 18], . . . .
Chapter 9. An act to prevent damage being done on
the beach, humocks and meadows
belonging to the town of Scituate, lying
between the southerly end of the " Third
Cliff," so called, and the mouth of the
North River [1749-50, chap. 14; 1726-
27, chap. 3],

1755.

March 29,

June 21,

June 24,

June 10,

June 11,

July 31, 1755.

Feb. 26, 1756.

10,

June 14,

June 25,

Sept. 12, 1755.
July 24, 1755.

July 1, 1765.

Public Acts.

List of the Public Acts — Continued.

1137

Disallowed

TITLES.

Date

by Privy

Expired or had its

of Passaire.

effect.

Council.

1755-56.— First Session— Con.

1755

869

Chapter 10.

An act for reviving and continuing sundry-
laws, that are expired and near expiring
[1744-45, chap. 25; 1744-45, chap. 26;
1745-46, cliap. 7; 1748-49, chap. 13;
1749-50, chap. 22; 1749-50, chap. 23;
1749-50, chap. 24; 1749-50, chap. 26;

. 1751-52, chap. 17; 1747-48, chap. 4],

June

25,

Aug. 15, 1760.

Second Session.

870

Chapter 11.

An act for preventing the exportation of
provisions and warlike stores, out of

this province,

Aug.

16,

Sept. 30, 1755.

Third Session.

872

Chapter 12.

An act for the more speedy levying of
so[u]ldiers for the expedition against
Crown Point [1693-94, chap. 3; 1753-

54, chap. 41] ,

Sept.

_ _

873

Chapter 13.

An act for supplying the treasury with the
sum of sixteen thousand pounds, for
discharging the publick debts, and for

drawing the same into the treasury,

Sept.

_ _

874

Chapter 14,

An act for preventing and punishing the
desertion of soldiers in the expedition
against (Jrov.n Point, or in the defence

of the frontiers of this government.

Sept.

— _

875

Chapter 15.

An act for apportioning and assessing a

tax of eighteen thousand pounds, .

Sept.

Fourth Session.

880

Chapter 16.

An act for preventing the exportation of
provisions and warlike stores out of this

province,

Sept.

30,

Dec. 1, 1755.

882

Chapter 17.

An act for confirming the proceedings of
the general assembly convened on the

fifth of September, Anno Domini 1755,

Sept.

27,

Fifth Session.

883

Chapter 18.

An act impowering the province treasurer
to borrow the sum of five thousand
pounds, and for applying the same to
defrey the charges of the intended expe-

dition against Crown Point, .

Nov.

_ _

884

Chapter 19.

An act for granting the sum of three hun-
dred pounds, for the support of his
honour the lieutcnant-governour and

commander-in-chief, ....

Oct.

29,

_ _

884

Chapter 20.

An act to prevent the subjects of the
French king being supplyed with pro-

visions,

Nov.

Dec. 1, 1755.

885

Chapter 21.

An act for establishing certain recogni-
zances entred into by persons hereto-
fore licen[s] [c]ed to be innholders, tav-

erners and retailers, ....

Nov.

886

Chapter 22.

An act in further addition to the act for
limitation of actions, and for avoiding
suits in law where the matter is of long
standing [1753-54, chap. 34; 1748-49,

chap. 17]

Oct.

31,

Mar. 31, 1758.

143

1138

Public Acts.

List of the Public Acts — Continued.

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
eflfect.

887

891

893

898
901

903

915

. 917

917

918

919

920

1755-56.— Sixth Session.

Chapter 23. An act making provision for the inhab-
itants of Nova Scotia, sent hither from
that government, and lately arrived in
this province,

Seventh Session.

Chapter 24. An act for raising a sum of money by a
lottery or lotteries, for the paving and
repairing the neclc leading out of tbe
town of Boston, called "Boston Neck,"

Chapter 25. An act for continuing an act made [and
passed] in the twenty-eighth year of his
majesty's reign, [e] [i]ntitled "An act
for gi-anting unto his majesty several
rates and duties of impost and t[u] [o]n-
nage of shipping" [1754-55, chap. 10], .

Chapter 26. An act for regulating the grammar school
in Ipswich, and for incorporating cer-
tain persons to manage and direct the
same,

Chapter 27. An act for supplying the treasury with
the sum of sixty thousand pounds.

Chapter 28. An act for preventing any dangerous con-
tagion that may be occasioned by dogs
and other brute creatures, dying of the
distemper prevalent among them, lying
unburied . .

Chapter 29. An act for the supply of the treasury with
eleven thousand pounds,

Chapter 30. An act for preventing the exportation of
provisions and warlike stores, out of this
province,

Chapter 31. An act for granting unto his majesty an
excise upon spirits distilled and wine,
and upon limes, lem[w]ons and or-
anges,

Chapter 32. An act subjecting the inhabitants of the
island of Nantucket, and the people
called Quakers, in other parts of the
province, to an assessment towards the
charge of defending his majesty's terri-
tories, in lieu of their personal service
[1737-38, chap. 6 ; 1747-48, chap. 6] , .

Chapter 33. An act for reviving and continuing an act
made and passed in the twenty-eighth
year of his present majesty's reign, in-
titled " An act for granting to his maj-
esty several rates and duties of impost
and tonnage of shipping " [1754-55,
chap. 10; 1755-56, chap. 1], .

Chapter 34. An act for preventing charge to any par-
ticular town or district by means of the
inhabitants of Nova Scotia that are or
may be sent to this province, .

Chapter 35. An act in addition to an act made in the
present year of his majesty's reign, in-
titled " An act making provision for the
inhabitants of Nova Scotia sent hither
from that government and lately arrived
in this province " [1755-56, chap. 23], .

Chapter 36. An act to enable the committee of war

. more effectually to provide necessa-

r[y][''f]s for the intended expedition

against Crown Point, . . . .

Chapter 37. An act in addition to, and for rendering
more eSectual, an act made in the

1755.

Dec.

24,

1756.

Jan.

Feb.

Feb.
Feb.

23,

25,

17,
28,

March

10,

Feb.

27,

Feb.

28,

March 8,

March 10,

March 9,

March 6,

March 10,

Mar. 26, 1756.
Feb. 26, 1766.

Oct. 1, 1757.

June 20, 1756.
Mar. 26, 1757.

Mar. 12, 1759.

April 26, 1756.

June 20, 1757.

Public Acts.

List of the Public Acts — Continued.

1139

Date
of Passage.

Disallowed
by Privy
Council.

Expired or had its
effect.

921

922

923
924
925

926

928
930

930
932

967

Chapter 38.

Chapter 39.

Chapter 40.
Chapter 41.
Chapter 42.

Chapter 43.

Chapter 44.
Chapter 45.

Chapter 46.
Chapter 47.

1755-56.— Seventh Session— Com.

twenty-eighth year of his present maj-
esty's reign, intitlcd " An act for grant-
ing unto his majesty an excise upon
spirits distilled, and wine, and upon
limes, lcni[m]ons and oranges" [1754-

5.5, chap. 16, § 1],

An act to prevent farmers and collectors
of the duties of excise being members
of the general court or assembly of this
province,

Eighth Session.

An act for preventing petitions to the gen-
eral court relating to licences for retail-
ing strong drink,"and keeping houses of
publick entertainment, ....

An act for the more speedy levying of
soldiers for the expedition against
Crown Point [1753-54, chap. 41], .

An act in addition to an act, intitlcd " An
act for regulating of the militia " [1693-
94, chap. 3],

An act in addition to an act, [e][?']n titled
" An act for supplying the treasury with
the sum of sixty thousand pounds "
[1755-56, chap. 27]

An act in addition to the several acts and
laws of this province now in force re-
specting poor and idle, disorderly and
vagrant persons,

An act for enquiring into the rateable
estates of the province, ....

An act for preventing and punishing the
desertion of soldiers in the expedition
against Crown Point, or in defence of
the frontiers of this government, .

An act impowering the province treasurer
to borrow the sum of ten thousand
pounds, and for applying the same to
defr[a] [e]y the charges of the in-
tended expedition against Crown Point,

An act for granting unto his majesty sev-
eral rates and duties of impost and tun-
nage of shipping,

1756-57.— First Session.

Chapter 1. An act for the supply of the treasury with
the sum of three thousand and six
pounds thirteen shillings and fourpence,
and for drawing the same into the treas-
ury again ; also for apportioning and
assessing a tax of fifty-five thousand
five hundred and six pounds thirteen
shillings and fourpence, and also for
apportioning and assessing a further tax
of three thousand one "hundred and
ninety-three pounds eighteen shillings,
paid the representatives for their service
and attendance in the great and general
court, and travel : which sums amount,
in the whole, to fifty-eight thousand
seven hundred pounds eleven shillings
and fourpence [1754-55, chap. 32,^2;
1755-56, chap. 4, 6 7; 1755-56, chap. 18,
§2; 1755-56, chap. 29, § 4], .

1750.

March 10,

March 9,

April 3,

April 13,

April 16,

April 20,

April 12,

April 20,

Jnnc

April 1, 1759.

April 16, 1761.

April 30, 1759.

Mar. 26, 1757.

1140

Public Acts.

List of the Public ^c^s— Continued.

97S
979

982

933

984

TITLES.

Date
of Passage.

Disallowed
by Trivy
Council.

986

987

988

989

99,5
997

1756-57.— First Session— Coh.

Cliaptcr 2. An act in addition to the act for enquiring
into tlie rateable estates of tlie province
[1755-56, chap. 44],. . . .

Chapter 3. An act for supplying'the treasury with the*
sum of fifty-eighi' thousand pounds, to
be thence issued for discharging the
public [Ic] debts, and drawing the same
into tlie treasury again, ....

Chapter 4, An act to prevent charges arising bysick^
lame or otherwise infirm persons, not
belonging to this province, being landed
and left within the same.

Chapter 5. An act for [e][?]n listing the inhabitant,^
of Dorchester, Weymouth and Charles-
town into his majesty's service for the
defence of Castle William, as occasion
shall require [1748-49, chap. 7], .

Chapter 6. An act for continuing the act for establish-
ing and regulating the fees of the sev-
eral officers within this province [1752-
53, chap. 28] , . . . . .

Chapter 7. An act for reviving and continuing sundry
laws, that are expired and near expirin"-
[1740-41, chap. 15; 1742-43, chap. 28^
1743-44, chap. 14; 1743-44, chap. 16;
1743-44, chap. 21; 1744-45, chap. 27-
1748-49, chap. 12; 1750-51, chap. 21;
1750-51, chap. 22], . ... .
Chapter 8. An act in addition to and explanation of
an act for granting a tax made and
pa,ss[e]'d in the present session of this
court [1756-07, chap, 1, ^1].

Third Sessiox.

Chapter 9. An act for the better ordering the late in-
habitants of Nova Scotia," transported
by order of the government there [1755-
56, chaps. 23, 34 and 35], . .

Chapter 10, An act for continuing an act, intit[u]led
" An act to impower the proprietors of
the meeting-house in the first parish in
Salem, where the Reverend Mr. Dudley
Lcavitt now officiates, to raise money to
defrey ministerial and other necessary
charges" [1753-54, chap, 14],

1756.

June

June 2,

June 10,

Sept. 11,

Expired or had its
effect.

June 10, 1759.

June 10, 1761.

Ans

27,

Chapter 11.

Chapter 12,

Chapter 13.
Chapter 14.

Fourth Session.

An act in addition to, and for explanation
of, an act made in the fourth year of his
majesty's reign, intit[M]led "An act
directing how rates and taxes, to be
granted by the general assembly, as also
county, town and precinct rates, shall be
assessed and collected" [1730, chap. 1, 6
13; 1730, chap. l.^W], . . . .

An act for providing and maintaining two
armed vessels to guard the coast, and
for supplying the treasury with [7]
seven thousand pounds for that end
[1715-16, chap. 4, ^ 3], , . , .

An act for the better regulating the choice
of petit jurors [1748-49, chap. 19],

An act for preventing all riotous, tumultu-
ous and disorderiy assemblies or com-

Oct. 1, 1757.

Nov. 28, 1761.

Oct.

Oct.
Oct.

14,

Feb. 10, 1763.
Feb. 13, 1760.

Public Acts.

1141

List of the Public Acts — Continued.

TITLES,

Date
of Tassage.

Disallowed
by Privy
Council.

Expired or had its
effect.

998

999
1000

1001

1002
1009

1010
1022

1024

1027

1027
1029

1030
1030
1031
1032

1756-57.— FouKTH Session— CoK.

panies of persons, and for preventing
bonfires in any of the streets or lanes
within any of the towns of this prov-
ince [1752-53, chap. IS], .
Chapter 15. • An act for continuing "An act for pre-
venting the exportation of provisions
and warlike stores, out of this province"
[1755-56, chap. 11],.

Chapter 16.

Chapter 17.

Chapter 18.

Chapter 19.
Chapter 20.

Chapter 21.
Chapter 22.

Chapter 23.

Chapter 24.

Chapter 25.
Chapter 26.

Chapter 27.
Chapter 28.
Chapter 29.
Chapter 30.

Seventh Session.

An act for altering the times appointed for
holding the superiour court of judica-
ture, &c., in the counties of Pl[i][?/]m-
outh, Bristol and Barnstalile [1752-53,
chap. 21 ; and see chap. 38, post] , .

An act in further addition to an act,
[e] [?]ntitlcd " An act for regulating the
assize of cask, and preventing deceit in
packing fish, &c[al, for sale," made in
the fourth year of King William and
Queen Mary [1692-93, chap. 17], .

An act in addition to an act made and
passed in the fifth year of the reign of
their late majesties William and Marv,
intitled " An act for highways " [1693-94,
chap. 6, § 3] ,

An act for granting unto his majesty sev-
eral rates and duties of impost and tun-
nage of shipping,

An act in addition to an act, intit[u]lcd
" An act for the better regulating the
choice of pet [ty] [i<] jurors" [1756-57,
chap. 13, § 1 ; 1737-38, chap. 20 ; 1741-42,
chap. 18],

An act for granting unto his majesty an
lexcise upon spirits distilled, and wine,
and upon limes, lemmons and oranges.

An act for the supply of the treasury with
the sum of thirty-five thousand pounds,
and for applying the same for the pay-
ment of the forces raised for the late ex-
pedition against Crown Point,

An act for the more speedy levying eigh-
teen hundred men, inclusive of officers,
to be employed in his majesty's ser-
vice,

An act for reviving and continuing sundry
laws that are expired and near expir-
ing [1736-37, chap. 4; 1753-54, chap. 29;
1753-54, chap. 31],

An act for preventing the exportation of
provisions and warlike stores out of this
province,

An act in further addition to an act,
intitled " An act for regulating of town-
ships, choice of town officers, and set-
ting forth their powers" [1692-93, chap.
28,"f 8 ; 1742-43, chap. 28J, .

An act for the better regulating the fish-

1756.

Oct. 15,

Get. 21,

1757.

cry.

An act for further regulating the course of
judicial proceedings [1753-54, chap. 42] ,

An act for the supply of the treasury
with the sura of three thousand pounds.

An act for establishing and regulating the
fees of the several officers, within this

Feb.

Feb.
Feb.

Jan.
Feb.

Feb.

Feb.
Feb.

28,

25,

19,
25,

10,
4,

9,
19,

8,
25,

Oct. 20, 1761.

Dec. 20, 1756.

Jan.

29,

Feb.

14,

Jan.

27,

Feb.

23,

Mar. 26, 1758.

April 24, 1762.
July 1, 1757.

Mar. 25, 1757.
Jan. 28, 1762.

1142

Public Acts.

List of the Public Acts — Continued.

TITLES.

Date
of I'assage.

Disallowed
by Privy
Council.

Expired or had its
eflcct.

loss

1040

1042

1044

1016
1047

1048
1050

1050

1051
1053

1756-57.— Se\tenth Session— Con.

province, hereafter mentioned [1756-57,
chap. 6],

Chapter 31. An act to prevent damage being done
unto Billingsgate Bay, in the town of
Eastham, l)y cattle and horse-kind and
sheep feeding on the beach and islands
adjoining thereto [1742-43, chap. 11;
1746-47," chap. 22; 1749-50, chap. 25] , .

Chnpier 32. An act for preventing the unnecessary
destruction of alewives in the town of
Sandwich [1745-46, chap. 14; 1748-49,
chap. 19; 1726-27, chap. 3], .

Eighth Session.

Chapter 33. An act for regulating the hospital on
Rainsford's Island, and further pro-
viding in case of sickness [1749-50,
chap.'^e; 1701-2, chap. 9],

Chapter 34. An, act for the cffectaal preventing the
currency of the bills of credit of Con-
necticut, New Hampshire and Rhode
Island within this province [1753-54,
chap. 23; 1756-57, chap. 34], .

Chapter 35. An act laying an embargo upon ships and
other vessels in this province [1754-55,
chap. 27] ,

Chapter 36. An act to prevent the desertion of soldiers
during the present war with France,
and the loss of arms, whether lent by his
majesty, or belonging- to this province
[1744-45, chap. 11 ; 1746-47, chap. 23], .

Chapter 37. An act for supplying the treasury with the
sum of twelve thousand pounds, .

Chapter 38. An act appointing the times for holding
the superiour court [s] of judicature, &c.,
in the counties of Plymouth and Barn-
stable for the pi-esent year [1756-5/,
chap. 16],

Chapter 39. An act for the encouragement of seamen
to enlist themselves in such vessels of
war as are or shall be commission [e]'d
and fitted out by the government during
the present war with France, .

Chapter 40. An act for euqu[(] ring into the rateable
estates of the province [1755-56, chap.
44; 1756-57, chap. 2]

Chapter 41. An act for raising a sum of money by
lottery for the encouragement of the
settlement called Germantown, in the
town of Braintree [1750-51, chap. 12,
and note] , ......

1757.

Feb. 25,

Feb. 11,

Feb. 21,

April 13,

March
April

April
April

31,

15,

April 14,

April
April

23,
23,

April 15,

April 25, 1757.

April 1, 1760.

Mar. 31, 1762.
April 20, 1757.

Private Acts.

1143

LIST OF THE TITLES OF PRIVATE ACTS.

815

939

1054
1054

T I T ]. E S ,

1742-43.— First Session.

An Act to take off the Entail from certain Lands in Ipswich in the
County of Essex, late the Estate of John Wainwni,'h-t, Esq--,
Deceased, & to enable Christain Wainwright, his Relict, Widow,
to sell the same, .

Date
of Passage.

1754-55.~SrxoxD Session.

An Act to dissolve the Marriage of Mary Clapham with William Clap-
ham, and to allow her to marry again,

1755-56.— First Session.

An Act to dissolve the MaiTiage of Mary Parker with Phincas Parker,
and to allow her to marry again,

Eighth Session.

An Act to dissolve the Marriage of John Famum jun' with Elisabeth
Famum, and to allow him to marry again,

1756-57.— Eighth Session.

An Act to dissolve the marriage of Lydia Kellog with Ephraim Kellog
and to allow her to marry again,

An Act to dissolve the marriage of Jonah Galusha with Sarah Galasha
and to allow him to marry again

1742,
June 18,

1755-
Jan. 10,

1755.

June 10,
1756.

April 20,

1757.

April 18,
April. 22,

Disallowed
by Privy
Council.

1746.

May 28.

1144

Resolves.

RESOLVES.

Acts relating to the

GENEEAL SUBJECT-MATTEK.

SUBJECT OF THE KESOLVE.

Date.

Year.

Chapter.

1742-43,

3 and 14,

Resolve recommending to the justices of the Superior
Court of Judicature to reconsider judgments
upon bonds and mortgages; and as to the
chancering the penalties thereof,

June 8, 1743.

432

1748-49,

15, .

Resolve that where assessments have not been made con-
formable to the directions of the treasurer, it
be forthwith done ; and declaring valid assess-
ments so made,

Dec. 14, 1749.

449

1748-49,

4, . .

Resolve construing this act as to duties and penalties
mentioned,

June 23, 1750.

818

1754-55,

11, . .

Resolve relating to the assessment of taxes in Sroton,
Shirley, Pepperell, Northampton and South-
ampton,

Nov. 5, 1754.

946

1755-56,

12, .

Resolve for raising five hundred men for Crown Point,
&c.,

June 26, 1755.

947

1755-56,

12, . .

Resolve for raising two thousand men for Cro^vn Point,
&c., .

Sept. 5, 1755.

948

1755-56,

14, .

Resolve granting bounty for fifteen men for Fort Massa-
chusetts,

June 14, 1755.

1064

1756-57,

12, . .

Resolve respecting the assessment of taxes on vessels
under this act,

Jan. 18, 1757.

1066

1756-57,

12, . .

Resolve concerning the conduct of Capt. Dowse at the
time of the capture of the Province Snow,

June 15, 1758,

1072

1756-57,

21, .

Resolve extending the time for lodging receipts under
this act

Apr. 12, 1757.

Votes and Orders.

1742-43,

5, . .

Order that the several officers mentioned in said act take
no other fees than what is directed in said act,
&c,

June 23, 1743.

1742-43,

7, . .

Order that the pay of members of the General Court be
drawn from the £6,500 appropriation for forts

and garrisons, &c., i June 30, 1742.

1742-43,

9, .

Order that £8 be granted for payment of Clerk of Court
and Attorney for the King at the trial of Harry

Jude at Nantucket,

Apr. 15, 1743.

1742-43,

3 and 14,

Vote directing alterations in the plates for public bills of
credit

Jan. 14, 1742-3.

1742-43,

3 and 14,

Order directing the priliter to print the resolve relating to
the equitable payment of debts, to be delivered
in duplicate to each member, ....

June 17, 1743.

1742-43,

23, . .

Order that Isaac Parker of Charlestown receive for his
encouragement in making stone-ware £125,
he giving certain securit}^, ....

Sept. 10, 1742.

1742-43,

23, . .

Order granting leave to Grace Parker, widow of Isaac
Parker, and Thomas Sj^mmes to bring in a
bill for granting them the sole privilege of
making stonc-warc for fifteen years.

Dec. 1, 1742.

1742-43,

23, . .

Order extending time for payment of the £125 loaned to
Isaac Parker to the last of December, 1751,
and allowing the payment of the same in three
annual pa5'ments,

Mar. 10, 1747.

1742-43,

23, .

Order renewing the order of March 10, 1747,

Jan. 1, 1749.

1742-43,

23, .

Order that the £300 old tenor said to be due from the
estate of Isaac Parker, deceased, be remitted,

Mar. 9, 1756.

138

1743-44,

13, . .

Order appropriating £2,016 13s. 3d. Ify., taken from dif-
ferent appropriations, to " the payment of such
grants as are or shall be made by this court,"
the said sums so taken to b3 made good to
their respective appropriations by the next act

for supply of the treasury, ....

Sept. 10, 1743.

YoTES AND Orders.

Votes and Orders — Continued.

1145

Acts relating to the

GENERAI, SDBJECT-MATTEE.

SUBJECT OF THE EESOLVE.

Date.

Year.

Chapter.

138

1743-44,

17, . .

Oi'der that no private company or partnership proceed to
the malving or emftting of any bills of credit,
as a medium of exchange in trade without the
allowance and approbation of the general
court

Nov. 5, 1714.

140

1743-44,

26, .

Order referring Timothy Spragne's petition relating to
the'Mill, &c., at Spot Pond, to the next ses-
sion, and suspending proceedings, .

June 24, 1742.

140

1743-44,

27, . .

Order relating to the settlement of Leicester, in the county
of Middlesex,

Feb. 15, 1713.

140

1743-44,

27, . .

Order appointing John Chandler, Esq., to lay out the land
granted to the town of Leicester,

Feb. 16, 1713.

218

1744-45,

2, .

Vote establishing wages of the officers appointed for the
defence of the frontiers,

Oct. 23, 1744.

218

1744-45,

2, .

Vote gi-anting a bounty for Indian scalps or captives.

Oct. 25, 1744.

218

1744-45,

12, .

Order for the burning of bills of the late Land-Bauk or
Manufactory scheme, ......

Aug. 18, 1744.

218

1744-45,

16, .

Order freeing certain prize goods from duties of impost,
and a further order exempting certain prize
goods from duties,

Oct. 13, 1744.

218

1744-45,

19, .

Vote establishing wages for the expedition against Cape
Breton,

Feb. 8, 1744.

219

1744-45,

20, .

Order directing the advertizement of the public-lottery
act in all the weekly papers in Boston, .

Jan. 10, 1744.

219

1744-45,

20, :

Order forbidding delivery of lottery tickets to any Indian,
negro or mulatto, &c.,

Feb. 2, 1744.

219

1744-45,

27, .

Order appointing a committee in relation to the preserva-
tion of Cape Cod harbor,

Mar. 20, 1743.

220

1744-45,

27, . .

Order accepting. report of committee appointed March 20,
1743,' upon Cape Cod harbor, and a committee
appointed to bring in a bill, . . . .

Aug. 17, 1744.

220

1744-45,

31, .

Order making the South Precinct of Taunton a township,
to be named Dighton,

May 30, 1712.

220

1744-45,

31, .

Order accepting report of a committee appointed to run
the'Dighton lines, and allowing charges, .

Mar. 2, 1743.

341

1746-47,

1, .

Vote authorizing assessment and collection of province
and county tax in Natick, and the warrants
therefor,

Oct. 4, 1746.

311

1746-47,

1, .

Order remitting fine to town of Pembroke,

June 11, 1747.

341

1746-47,

12, .

Vote appointing time for the choice of guardians to the
Indians in the several plantations, .

Jan. 3, 1746.

341

1746-47,

12, .

Order substituting Capt. Thomas Wiswall as guardian
over tiae Indians at Stoughton instead of An-
drew Oliver. Esq., excused, ....

Jan. 9, 1746.

341

1746-47,

12, .

Vote appointing guardians over the Freetown Indians
and defining their powers and duties.

Jan. 26, 1749.

341

1746-47,

15, .

Order of notice on petition that Dijfliton might be made
the shire town of Bristol County, .

June 5, 1747.

342

1746-47,

15, .

Order that the petition relating to Dighton, entered June
5, 1747, be dismissed,

Aug. 14, 1747.

342

1746-47,

17, .

Order appointing committee to draft a bill against profane
cursing and swearing,

Nov. 12, 1746.

342

1746-47,

20, .

Vote increasing the bounty on Indian scalps and captives.

Apr. 23, 1747.

383

Order appointing a committee relating to the preservation
of books, &c., saved at the burning of the
court-house,

Dec. 9, 1747.

383

Order appointing a committee relating to the destruction
of the court-house, &c.,

Dec. 9, 1747.

384

Order accepting the report of the committee appointed
December 9, 1747,

Dec. 11, 1747.

384

Order that the secretary employ clerks to make duplicates
of the records of the General Court,

Dec. 11, 1747.

384

Order that the secretary employ some proper persons to

put on file the papers saved from the ilamcs, .

Dec. 1, 1749.

384

1747-48,

4, .

Vote forbidding the beating of drums within ten rods of
the court-house during the sessions,

June 13, 1746.

384

1747-48,

11, .

Order that the petition of William Lovcjoy and others of
Suncook, set oflf to New Hampshire, be referred
to the next May session,

Apr. 24, 1747.

1M6

YOTES AND OeDEKS.

Votes and Orders — Continued.

Acts eelating to the
general subject-matter.

Chapter.

SUBJECT OF THE EESOLVE.

1747-48,
1747-48,
1747-48,
1748-49,
1748-49,

1748-49,

1748-49,
1748-49,

i 1748-49,

1748-49,

1 1748-49,
1749-50,

1749-50,

1749-50,
1749-50,

1750-51,
1 1750-51,

^1750-51,
1750-51,

1750-51,
1750-51,

1751-52,
1751-52,

663 1752-53,

664 1752-53,

11,

15,

15,
15,

15,

15,
2,

7,
19,

19,
21,

2,
12,

12,

14,

16,
21,

10,
12,

3,
18,

Order appointing a committee to consider the petition of
William Lovejoy and others of Suncook,

Order recommitting report on petition of William Love-
joy and- others, with directions to hear parties,

Order adjourning the Court of General Sessions of the
Peace and Inferior Court of Common Pleas, .

Vote appointing committees for farming out the excise on
liquors for the several counties, ....

Order and vote as to the message of the Governor re- ,
lating to a threatening letter, . . . <

Orders and vote as to memorial of Thomas Hutchinson, C
Esq., referring to the medium of trade, . <

Vote dismissing Christopher Kilby, Esq., as the agent for
the province,

Order directing the Secretary to notify Mr. Kilby of his
dismission from the agency, ....

Votes and orders as to the reimbursement by Parlia- j
ment for the charges at Cape Breton, . <;

Order appointing committee on the governor's message of
Novenaber 21st, relating to rules in Superior
Court,

Orders and votes as to the parliamentary grant and the ,
redemption of the bills of public credit, . j

Orders as to petition of Harvard College relating to C
Charles River Ferry, y

Vote appointing a committee to consider a scandalous
letter directed to the governor and council,

Oi"der and vote as to threatening letters, . . . j

Vote relating to the currency of English halfpence, &c.,

and to the supply of small money for change, .

Order directing the treasurer as to the payment of silver,

Orders as to the encouragement of agriculture and the

fisheries, and as to a duty upon imports not ,

necessary, \

Vote that £200 be granted to the Lieut. Governor, .

Votes and orders concerning the use of the Ship Massa- ,
chusetts Frigate for importing foreign protest-
aats ; and also concerning the sale thereof, &c., <,

[
Orders and votes relating to the importation of foreign
protestants and the granting of townships for f
their encouragement, <

Order referring the petition of Daniel Farnum for a
lottery for building a bridge at Newbury, to the

next May session,

Order granting £89 to the Lieut. Governor,
Order and vote relating to the support of ministers of,
the gospel, &c., j

Vote relating to the time and manner of payment of
taxes,

Vote granting £600 for the relief of the poor of Boston,

Order that the act of parliament, regulating the commence-
ment of the year and correcting the calendar
now in use, be printed and bound up with the
laws of the province, &c.,

Vote appointing committees for each county, to farm out
the excise under this act,

Vote appointing committee to draft bill for preventing
pageants and shows,

May 30, 1747.
June 3, 1747.
Oct. 11, 1746.

June 24, 1748.

Apr. 21, 1749,
Apr. 22, 1749.
Feb. 16, 1747-8.
Feb. 26, 1747-8.
Feb. 27, 1747-8.

Nov. 17, 1748.

Nov. 17, 1748.
Nov. 18, 1748.
Nov. 21, 1748.
Nov. 22, 1748.

Dec. 22, 1748.

Jan. 6, 1748, to
Apr. 21, 1759.
Jan. 20, 1746.
Feb. 13, 1746.
June 2, 1747.

Mar. 21, 1746.
Apr. 21, 1749.
Aug. 4, 1749.

Jan. 6, 1749.
Jan. 30, 1751.

June 6, 1749.
Dec. 20, 1749.
Apr. 7, 1750.

Jan. 26, 1749.
Jan. 27, 1749.
June 29, 1750.
Apr. 3, 1752.

Jan. 11, 1749,

to
Dec. 4, 1754.

Apr. 9, 1750.
Feb. 8, 1750-1.

Feb. 4, 1747.
Mar. 2, 1747.

Jan. 3, 1752.
June 5, 1752.

Jan. 22; 1752.
June 4, 1752.
Nov. 27, 1752.

Votes and Orders.

Votes and Orders — Continued.

1147

Acts relating to the
general subject-mattee.

1752-53,
i 1752-53,

1752-53,

1753-54,
1753-54,
1753-54,
1753-54,

1753-54,
1753-54,

1753-54,

23,

1753-54,

23,

j 1753-54,

33,

1753-54,

38,

1753-54,

40,

1754-55,

1 1754-55,

1754-55,

i 1754-55,

1754-55,

11,

j 1754-55,

13,

1754-55,

14,

1754-55,

15,

1754-55,

16,

1754-55,

16,

1754-55,

Chapter.

21,
24,

24,

25,

4,
5,
5,
5,

8,
16,

16,

SUBJECT OF THE RESOLVE.

Order for adjournment of the Court of Sessions and
Inferior Court for Bristol,

Orders and vote relating to the erecting the westerly (
half of Leicester into a township, . • -S

Orders relating to the erecting the easterly part of
Leicester and southerly part of Rutland C
into a new precinct, ^

Orders relating to the petition of Rutland district for f
power to levy tax on land, &c^, . . . <

Order setting off the plantation of Sheepscot into a dis-
trict,

Vote appointing committees for each county, to farm out
the excise under this act,

Vote ordering the advertizing of the sale of the excise
and fixing the commencement of the same.

Orders accepting the reports of committees to farm out ,
excise in the several counties, . . . j

Orders relating to the petition of Andrew Oliver and
others for the encouragement of the manu- -
facture of linen, j

Order granting liberty to bring in a bill to incorporate
the " Marine Society at Boston in New Eng-
land,"

Order relating to oath prescribed for town ofBcers, .

C Order as to collection of taxes in the town of Pelham, ^

< Order also as to the maintenance of highways in said >

(. town, )

Orders adjourning the Court of Sessions and Inferior,
tJourt of Barnstable, <

Vote empowering John MuiTay, Esq., to issue- a warrant
for a meeting of the inhabitants of Petersham,
to elect town officei'S, &c.,

Vote relating to the governor's voyage to the Kenne-
bcck,

Ordw authorizing Harvard College to sell real estate in
cei"tain cases, . . ~

Votes appointing committees for each county, to farm c
out the excise under this act, . . . <

Vote ordering the advertizing of the sale of the excise
and fixing the commencement of the same, '.

Orders accepting reports of committees to farm out ex- .
cise in the several counties, . . . <

Vote requiring assessors of Beverly to omit taxing under
this act for the years 1755 and 1756, .

Vote for enlisting three hundred additional men for the
expedition to the Eastward, . . . .

Order refunding Beverly £2 6s. 9d., overpayment, .

Vote and orders on petitions of William Ayers and
others, relating to the bounds, &c., of the pre- C
cincts in Brookfield, <

Order of notice on town of Oxford, on petition of William
Alton and others,

Order assigning Mary Clapham certain personal estate be-
longing to William Clapbam, . . . .,

Vote appointing committees for each county, to farm out
the excise under this act,

Vote ordering the advertizing of the sale of excise, with
power to contract at private sale in certain
cases,

Order for committees to meet and agree on suitable times
for farming excise

Dec. 1, 1752.

Nov. 24, 1742.
Apr. 2, 1743.
July 18, 1744.

Sept. 14, 1743.
Mar. 22, 1743-1.
June 19, 1744.
June 6, 1754.
Oct. 26, 1754.
Nov. 2, 1754.

Apr. 11, 1753.

June 19, 1753.

Sept. 14, 1753, to
Jan. 21, 1754.

June 2, 1753.
June 8, 1753.

Dec. 26, 1753.
Apr. 15, 1754.

Oct. 25, 1754.

Jan. 10, 1749.
Jan. 27, 1749.

June 4, 1754.

Apr. 11, 1754.

Apr. 19, 1754.
June 15, 1754.
.Jan. 10, 175.').
Aug. 13, 1755.

June 17, 1754.

Nov. 25, 1754, to
June 1, 1758.

Apr. 23, 1755.

June 5, 1754.
Nov. 14, 1754.

Apr. 10, 1754.
Apr. 10, 1751.
Nov. 1, 1754.

Apr. 9, 1754.

Feb. 26, 1755.

Dec. 26, 1751.

Dec. 30, 1754.
Dec. 30, 1754.

1148

YoTES a:n"d Oedees.

Votes and Orders — Continued.

Acts eelating to the
genebal scbject-mattek,

Chapter.

SUBJECT OF THE EESOLVE.

1754-55,
1754-55,

1751-55,
1754-55,
1754-55,
1754-55,

1754-55,
1754-55,
1754-55,

1754-55,

1754-55,
1754-55,

1754-55,
1754-55,
1754-55,

1755-56,
1755-56,

1755-56,

1755-56,
1755-56,

16,
16,

18,
21,

23,
23,
23,
26,

26,
26,
27,

27,

27,
27,

27,

27,
31,
34,

1,
3,

4,
4,

Order appointing committee to pi'epare letter to Mr. Agent
Boll an, concerning this act, . . . .

Orders accepting reports of committees to farm out ex- r
else in the several counties, . . . <

Vote electing a " Commissioner over the Duty of the
Stamps," under this act,

Order and vote upon petition of Thomas Brown and ,
others, relating to " Wenham Great Swamp," <

Order as to equipment of officers and soldiers in the expe-
dition to the eastward,

Order allowing Mnj. Gen. Winslow £130 for his services
at the eastwai'd,

Order granting Gov. Shirley £250 for his services at the
eastward,

Vote granting John Franklin and company fifteen hun-
dred acres of laud, and exempting men in
their employ,

Order appointing committee to consider petition of
Thomas Stevens,

Order confirming the fifteen hundred acres of land to
John Franklin and company, as laid out.

Vote instructing the impost officer and his deputies under
this act; and desiring the governor to give
orders,

Order du'ecting impost officer, in taking bonds under
this act, to exempt codfish exported to
Europe,

Vote desiring the governor to lay a general embargo for
one month, &c.,

Vote desiring the Captain General to extend the em-
bargo on fishing-vessels until the fifteenth of
March,

Vote desiring the Governor to take off the embargo upon
fishing vessels upon the first of March^ .

Vote desiring the Governor to write to the commanders
of his majesty's ships as to cxportations to
French settlements,

Order granting leave to Samuel Hews and son to export
provisions to Surinam, . • .

Vote exempting a certain cove in Danvers from the effjct
of this act,

Vote desiring the Governor to give orders for the confine-
ment of the French sulijects, and to request
the neighboring governments to do the same,

Vote electing Daniel Ilussell, Esq., commissioner of im-
post,

Orders as to a lotteiy for erecting a bridge over Tetticut
river,

Order appointing a committee to present an address to
the Governor, as to Crown Point expedition, .

Vote appointing a committee to provide provisions and
warlike stores for the intended expedition
westward,

Order granting additional bounty to soldiers enlisted, and
advance pay to non-commissioned officers an^l
privates,

Vote for enlisting three hundred men additional to the
twelve hundred already granted, &c..

Vote that there shall be no augmentation of the provin-
cial forces raised for the expedition to Crown
Point,

Orders appointing committees on the Governor's mes-
sages "relating to the expedition to Crown ^
Point, &c.,

June 3, 1755.

Feb. 22, 1755, to
June 11, 1755.

Jan. 8, 1755.

Nov. 6, 1754.
Nov. 25, 1754.

Dee. 5, 1754.

Jan. 8, 1755.

Dec. 21, 1754.

Jan. 19, 1751.
Nov. 16, 1754.
Jan. 9, 1755.

Feb. 10, 1756.

Feb. 12, 1755.
Feb. 15, 1755.

Feb. 15, 1755.
Feb. 21, 1755.

Mar. 26, 1755.
Apr. 28, 1755.
Apr. 13, 1756.

P'eb. 15, 1755.

Vote for notifying the other governments of the passage
of this act, and desiring them to join.

June 21, 1755.
June 3, 1755.
Apr. 14, 1755.
Apr. 15, 1756.

Feb. 18, 1755.

Mar. 26, 1755.

Mar. 23, 1755.
Mar. 29, 1755.

June 2, 1755.

June 3, 1755.
June 5, 1755.

June 14, 1755.

YOTES AKD OrDEES.

Votes and Orders — Continued.

1149

Acts nELAxixG to the

GKXERAL SDBJECT-MATTEK.

Chapter.

SUBJECT OF THE RESOLVE.

17.35-5G,

i 1755-53,

17o5-5G,
1755-58,

1755-56,

1 1755-58,
1755-58,

1755-56,
1755-56,
1755-56,

1755-56,
1755-56,

1755-56,

1755-56,
1735-56,

1755-56,

^ 1755-56,

i 1755-56,
1755-56,

I 1755-56,

11,
12,

12,
12,
12,

12,
14,

14,

14,
14,

15,

16,

23,
23,
26,

30,
31,

31,

Vote for desiring the southern governments to grant liberty
for vessels with provisions to clear for Boston
or Salem,

Orders relating to the better preventing supplies to the ,
French, \

Vote laying a temporary embargo,

Orders rekvting to the petition of Joshua Winslow for /
leave to export provisions to Surinam, . <

Order allowing £160 to the commissioner of the stamp
duties,

Orders granting petitions for leave to export, &c., . <

Orders respecting the raising of three hundred men for ,
Crown Point, &c., \

Order prohibiting the publishing of anything concerning
the expedition against Crown Point, &c.,

Order in relation to the raising of two thousand men for
Crown Point,

Votes desiring Col. Richard Gridley to assist in the
artillery at Crown Point, and for appointing ,
him a colonel of one of the regiments, . <

Vote desiring the Lieut. Governor to issue a proclamation
encouraging enlistments, &c., ....

Vote for a declaration of war against the eastern Indians,
except the Penobscot tribe ; and that a march-
ing army of three hundred men be enlisted,
&c.,

Vote providing for garrisons at the different forts, &c. ;
for addiuonal security to the western frontiers ;
and for raising additional men by enlistment
to scout between the rivers Connecticut and
Merrimack,

Vote increasing the force on the western frontiers and
offering bounty for enlistments, &c.,

Vote for enlisting ten additional men to scout between the
rivers Connecticut and Merrimack, &c., .

Vote relating to the reinforcement of Fort D;immer,

Vote remanding soldiers on furlough and persons absent
from duty, &c.,

Vote exempting the polls of officers and soldiers in the
proposed expedition

Order granting the petition of John Schollay for leave to
export, &c.,

Vote for issuing a proclamation forbidding exportation of
provisions, &c.,

Orders granting several petitions for leave to export,
&c. <^

Orders and vote relating to the French neutrals on board r
transports in Boston harbor, . . . <

Order and vote relating to the French inhabitants of.
Nova Scotia sent here by Gov. Lawrence, \

Orders relating to the petitions of Feoffees of Ipswich ,
Grammar School, \

Orders granting several petitions for leave to export, &c., \

Vote appointing committees for each county, to farm out
the excise under this act,

Orders accepting reports of committees to farm out ex- .
cise in the several counties, , . • ]

Aug. 16, 1755.

June 18, 17-55, to
Juno 21, 1755.
June 21, 1755.

Au^

AU£

12, 1755,
12, 1755.

Apr. 16, 1753.
Sept. 8, 1755.
Sept 8, 1755.
Sept. 8, 1755.

Aug. 7, 1755.
Aug. 8, 1755.

Sept. 6, 1755.

Sept. 9, 1755.
Sept. 9, 1755.

Sept. 9, 1755.

June 11, 1755.

June 14, 1755.

Aug. 14, 1755.
Aug. 15, 1755.

Oct. 28, 1755.

Feb. 18, 1756.

Nov. 4, 1755.

Jan. 20,
Jan. 29,
Jan. 29,
Feb. 13,
Feb. 14,
Nov. 6,
Nov. 7,
Nov. 7,

1756.
1756.

1756.

17o6.

1756.
1755.
1755.
1755.

Dec. 12, 175o.
Dec. 17, 1755.

Sept. 12, 1753, to
Apr. 17, 1761.

Apr. 1, 1756, to
Oct. 8, 1756.

Mar. 3, 1756.

Apr. 16, 1756, to
Aug. 21, 1756.

1150

Votes and Oeders.

Votes o.nd Orders — Continued.

Acts relating to the
general subject-mattek.

Year.

Chapter.

SUBJECT OF THE RESOLVE.

y 1755-56

! 1755-56

1755-56
1755-56

1755-56

1755-56,

1755-56

! 1755-56

1755-56
1755-56,

1756-57
1756-57
1756-57

1756-57
1756-57
1756-57
1756-57

.1756-57:

1756-57
1 1756-57
' 1756-57

1 1756-57

1756-57

1756-57:

1756-57,
1756-57

1756-57:
\ 1756-57

1756-57

35,

35,
35,

35,

36,

37,

40,
40,

1,
1,
1,

1,
1,
1,
1,

12,
12,
12,

12,

12,
12,

15,

Orders reLating to the support of the French neutrals, ,
&c., ]

Orders relating to the petition of Joseph Mitchel, a ,
French neutral, \

Vote prohibiting the landing of French neutrals, &c..

Order as to the disposition of the'Frcnch families last im-
ported, &c.,

Order to prevent the French people from wandering from
town to town, &c ,

Vote committing to the sheriff of Suffolk the French peo-
ple sent back from Georgia, &c

Order for the distribution among the towns of certain
Nova Scotians,

Vote appointing committee to provide provisions, &c., for
the expedition against Crown Point,

Votes respecting committee of war to reside near Albany, ,
&c \

Vote appointing committee to reside at Albany, to take
careof the transportation of provisions, &c., .'

Orders accepting reports of committees to farm out ex- ,
cise in the several counties, . . . \

Vote respecting the augmentation of the forces for the ex-
pedition against Crown Point, ....

Orders respecting articles of war and court-martial in ,
the army against Crown Point, . . \

Order relating to the tax of Dunstable, &c.,

Vote applying the surplusage brought in by this act,

Order relating to the collection of the tax in south parisli

in Danvers,

Order for abatement in the tax of Nantucket, .
Order confirming certain assessments in Taunton, .
Order confirming certain taxes i-n Lancaster,
Vote confirming certain assessments to Sherburne, .

Orders and votes respecting the French neutrals, . <

Vote for equipping the sloop Massachusetts, &c.,

Vote and order respecting the defence of the sea-coast, \

Vote and order appointing committees for each county, ,
to farm out the excise under this act, . J

Orders accepting reports of committees to farm out ex- ,
cise in the several counties, . . . <

Votes relating to the appointment of a collector of excise ,
in Suffolk County, j

Vote appointing committees for each county, to farm out

the excise under this act,

Vote suspending action of committees for farming excise,
Order appointing committee to examine this act and re-
port concerning defects,

Voteg and order's respecting the equipment, &c., of the ,
vessels for guarding the coast, . . . j

Order for an enquiry into the conduct of the ofBcers and
seamen of the Province Snow at the time of
her capture,

Orders relating to the sale of the Province Snow, cap- .
tured in Louisburg Harbor, &c., . . )

Votes respecting an establishment, &c., for the prov- C
ince ship King George <

Orders granting petitions for leave to export, &c., . \

Dec. 29, 1755, to
Feb. 25, 1756.

Apr. 20, 1756.
Apr. 20, 1756.
Apr. 21,1756.

May 28, 1756.

June 10, 1756.

Aug. 17, 1756.

Aug. 25, 1756.

Feb. 19, 1753.

Feb. 24, 1756,
Feb. 25, 1756.

Mar. 9, 1756.

May 31, 1756, to
July 3, 1756.

Mar. 5, 1756.

Aug. 19, 1756.
Aug. 19, 1756.
Julv 7, 1756.
Aug. 18, 1756.

Jan. 7.* 1757.
Jan. 17, 1757.
Apr. 7, 17.-)7.
Apr. 16, 1757.
Apr. 20, 1758.

May 28, 1753, to
Apr. 25, 1757.

Aug. 19, 1756.
Sept. 10, 1753.
Oct. 14, 1755.

Oct. 20. 1756.
Jan. 28, 1757.

Jan. 13, 1757, to
Jan. 10, 1759.

Apr. 22, 1757.
Apr. 23, 1757.

Jan. 11, 1759.
Mar. 28, 1759.

Jan. 7, 1757.

Feb. 18, 1757, to
Mar. 16, 1753.

June 2, 1753.

Oct. 7, 1758.
Jan. 3, 1759.
Mar. 15, 1759.
Mar. 15, 1759.
Mar. 28, 1759.
Jan. 7, 1757.
Jan. 7, 1757.

'Votes awo> Ordees.

Votes and Orders — Concluded.

1151

1071

1072

1073
to
1077
1077
1078

1079

1079
1079
1080
1081

1080

1082
1082
1082

1083

1083
1084

1085

1085
1086

1086

Act's relating to the
general subject-matter.

1756-57,
1756-57,
1756-57,
1756-57,
1756-57,

^1756-57,

i 1756-57,

1756-57,
1756-57,
1756-57,
1756-57,
i 1756-57,

1756-57,

1756-57,
1756-57,
1756-57,

1756-57,

1756-57,
1756-57,

1756-57,

1 1756-57,
1756-57,

Chapter.

16,
19,
21,
21,

21,

23,

23,
23,
23,
23,
23,

23,

23,
25,
31,

32,

35,
35,

38,

40,
41,

SUBJECT OF THE RESOLVE.

Order for adjournment of the Superior Court of Judica-
ture for Bristol,

Order granting a petition for the exemption of certain
goods from duty, ......

Vote appointing committees for each county, to farm out

the excise under this act

Order allowing certain charges of sundry committees for

farming excise, &c.,

Orders accepting reports of committees to farm out ex- ,

cise in the several counties, . . . . \

Votes and order respecting the proposals by the Earl of,
Loudon, )

Votes respecting the wages, bounty, and supply of arms ,
for the forces raised under this act, . . \

Vote for a message to the Governor respecting the mus-
tering the forces,

Vote for the appointment of an agent at Albany to take
cai-e of the arms, &c.,

Order for furnishing the forces with arms, bayonets and
tents,

Order directing the collectors of arms to prosecute de-
linquents,

Votes and orders respecting the billeting, supply and ,
establishment of the forces, . . . . \

Vote and order to prevent persons enlisted &c., from
being taken out of the service by commitment ,
for debts contracted since their enlistment, &c., j

Order allowing Col. Joseph Frye certain wages,
Order respecting bonds at the impost office under this act,
Orders relating to the use, &c., of certain beaches and ,
Islands in Eastham, \

Order of notice on petition of Plymouth respecting the
alewive fishery,

Orders respecting an embargo on all vessels.

Order granting liberty to fishing vessels to, be absent
twelve days, &c.,

Orders respecting the time and place for holding the ,
several courts, \

Orders respecting the valuation of estates, . . <

Order and vote respecting the Germantown lottery, . \

June 26, 1755.
June 4, 1757.
Feb. 8, 1757.

Feb. 25, 1757.

Apr. 7, 1757, to
Aug. 24, 1757.

Jan. 19, 1757, to
Feb. 15, 1757.

Feb. 10, 1757, to
Feb. 21, 1757.

Feb. 23, 1757.

Feb. 24, 1757.

Apr. 2, 1757.

Apr. 11, 1757.

Apr. 16, 1757, to
Apr. 25, 1757.

Apr. 25, 1757.
Apr. 25, 1757.
Mar. IP, 1759.
May 31, 1757.

June 8, 1756, to
Mar. 15, 1758.

Dec. 12, 1757.
Apr. 4, 1757.

Apr. 20, 1757.

Apr. 6, 1757.
Apr. 7, 1757.
Sept. 11, 1756.
June 11, 1757.
Aug. 2S, 1757.
Apr. 22, 1757.
Jan. 24, 1758.

GENERAL INDEX.

145 [1153]

INDEX.

ABATEMENT. {See Actions.)
ACTIONS. {See Gaming, Dogs, Excise, Ind-
ia/is, Taiaiton, Profanily, Limita-
tion, Lawsuits, Service, Sand-
wich. Resolves and Votes ahjd
Orders, p. 1144.)

not to bo entered after first flay of the court's

sitting, 29

pleas in bar or abatement, time of entering or

filing, 29

costs in, how taxed, 248, 516

act to prevent unnecessary cost to jDarties and

witnesses, renewed, .... 869

accounts to be allowed in sot off, ... 38

no shcriir or dcputj- to fill up writs or appear

for party, &c., . . . . 43, 44

such writs to bo dismissed, 44

reviews in civil, act relating to, . 525, 598, 738, 1030
bond to be given to prosecute review, . 598

wiiere several actions are brought on several
notes, &c., from same persons,
costs to bo given only for one in
certain cases 131

civil, act relating to views by a jury in, 300, 574,

755

personal, not to be brought to inferior court, in
any county where neither party is
inhabitant, 481

act to prevent expense of, renewed, . . . 4S8

upon reversing judgment in ab.atcment of writs,
the court to proceed to try the

cause, 603

said act renewed, SGO

judgment in, by justice of the peace, unsatis-
fied at the time of his decease, scire

facias to issue on 710

persons having sucli judgments, to deliver

an attested copj', .... 710

justices of the peace may issue writs of scire
facias iu case of waste, and award
execution against an executor or
administrator, 710

in whicli creditors may receive tlieir debts out
cf the estate of absent or abscond-
ing debtors, 721

time for bringing, extended, .... 8SG
ADMINISTRATORS. {See Actions, Estates

of Persons Deceased.)
AFFIDAVIT. {See Witnesses.)
AFFIRMATION. {See Oath.)
AGENT OF THE PROVINCE AT THE
COURT OF GREAT BRIT-
AIN. (See Votes axd Orders,
pp. 1146, 1148.)

AGENT OP THE FnOVlNOE-Continued.

empowered to borrow £23,000 813

taxes made a security therefor, . . 813, 814
treasurer to issue his warrants if general
court fail to provide for tlie pay-
ment, 813, 814

AGRICULTURE. (See Votes and Order.s,

p. 1146.)
ALE'WIVES. {See Fish, SmidwicJi, Middle-

horouyh.)
ANABAPTISTS.

act to exempt, from taxes for support of min-

i.sters, renewed, .... 362

act in addition thereto 644

APPROPRIATIONS. (See Votes and
Orders, pp. 1144, 1147, 1148, 1150.)
for wages of persons in service, 8, 30, 112, 148, 149,
100, 204, 245, 254, 292, 314, 322, 334, 357,
370, 380, 409, 489, 513, 531
for wages of Governor and Council, 8, 254, 292, 376,
409, 489, 514, 532, 543, COl, 636, 696, 716,
777, 791, SGO, 802, 899, 980
for grants, &c., 8, 30, 112, 149, 100, 199, 204, 245,
254, 292, 334, 357, 37G, 409, 489, 514, 532,
543, 600, 636, 696, 716, 777, 791, 860, 862,
980, 1049
for wages of members of house of representa-
tives, 8, 30, 113, 149, 191, 199, 245, 334,
409, 490, 514, 532, 543, 601, 036, 696, 716,
777, 791, SGO, 862, 899, 980
for contingent expenses, 9, 113, 149, 191, 245, 314,
322, 377, 381, 409, 490, 514, 532, 544, 601,
636, 696, 716, 777, 791, 860, 863, 899, 980
for defence of the province, 112, 149, 190, 199, 245,
254, 292, 314, 322, 334, 357, 376
for forts and garrisons, 30, 112, 149, 190, 245, 314,
334, 513, 532, 643, 600, 635, 695, 716, 776,
791, 859, 8G2, 899, 980
for expedition against Cape Breton, 199, 204, 245,

255, 201, 293
for expedition against Canada, 292, 297, 302, 310, 322,

334
for the garrison at Louisburg and repairing the

forts there, 249

for the fort at Kcnnebeck River, . . . 733

for the voyage cf the governor, &c., to the

eastward 733

for the presents to the Six Nations and conven-
tion at Albany 733

(See Votes and Orders, p. 1147.)
for sending men to the eastward, . . . 757
for the discharge of the province debts, . . 777
for expedition against Crown Point, 862, 894, 896,

931, 980, 1C48

[1155]

1156

Index.

APPROPRIATIONS— Con^inwed.

for firearms and ammunition, . . . •
ARBITRATIONS. {See Witnesses.)
ARMS. {See Service.)
ARRACK. {See Excise.)
ARREST. {See Service.)
ASSAY-MASTERS. {See Potash.)
ASSEMBLY. {See General Court.)
ASSESSMENT. {See Taxes, Common Lands,
Valuation.)

ASSESSORS. {See Oath, Tonnage, Valuation,

Ministers, Sloughton.)
ASSIZE.

of casks. (iS'^'c Casks.)
of shingles, &c. {See Boards.)
ASSIZE, COURT OP. {See Superior Court

of Judicature.)
ATTACHMENT, PENALTY FOR NOT
SERVING-. {See Fees.)

SAR. {See Actions.)
BARBERRY BUSHES.

act to prevent damage to English grain from, .
provision for extirpating, .... 797,
BARNSTABLE. {See Nantucket.)

act to prevent injury by cattle or horses at
Sandy Neck Meadow in, . . 339,
act to prevent injury by cattle, horses, sheep or
swine on the beaches of, .
BARNSTABLE, COUNTY OP. {See Su-
perior Court of Judicature, Ses-
sions of the Peace, Inferior Court
of Common Pleas ; also Votes
AND Orders, p. 1147.)
BARRINGTON. {See Taxes.)
BEACON ISLAND LIGHTHOUSE. {See

Lighthouse.)
BEARS.

bounty for killing and how paid, . 243, 244,
BEAVER. {See Indians.)
BEDFORD.

plantation of, made a district by the name of

Granville,

BEEF. {See Casks, Packers, Pork.)
BEER. {See Krcise.)

BEVERLY. (See Votes and Orders, p. 1147.)
part of the precinct of Salem and Bevei-ly set

ofl' to,

act to prevent mischief by dogs in,
BIDDEFORD.

act to prevent damage by cattle, horses or
sheep on Winter Harbor Beach

in, 446,

BILLERICA, FARM AT SHAWSHIN

IN. {See Ilarvard College.)
BILLINGSGATE BAY. {See Eastham.)
BILLS OF PUBLIC CREDIT. {See Treas-
urer of the Province ; also Re-
solves AND Votes and Orders,
pp. 1144, 1145, 1146.)
Acts for making or emitting, 8, 29, 112,
190, 199, 204, 244, 249, 254, 260, 292,
302, 310, 314, 322, 334, 357, 376, 380,

Act for stating value of, 8, 29, 80, 112,
212, 373, 430, 490,
Act for drawing in, . . 430, 480, 493,
Of Rhode Island and of neighboring
governments, ceruin, not to be
circulated, .... 122, 307,
penalty for circulating by officers, inn-
holders, &c 122, 123,

797

516

712

148,
297,
408,
489
148,
554
554

436
308

BILLS OF PUBLIC CU'EDIT— Continued.
bonds and mortgages for such bills to be

* void, 123, 303

informers to be indemnified, &c., . 123. 308
penalty to merchants and traders, . 123, 308
persons to be appointed as informers, 123, 309
penalty for officers neglecting their duty, 124,

309
forfeitures to be for the benefit of the

poor, . . . . . 124, 309
justices of the peace to proceed against

oflendors 309

Of Connecticut, New Hampshire or
Rhode Island, Act to prevent
tlie circulation of, . . . 714, 1044
oath required of persons chosen to office,

&c. 714, 1044

(See Votes and Orders, p. 1147.)
oath to be taken upon executions on judg-
ments, 715, 1045

oath to be taken by taverners, innholders,

&c. 715, 1045

Act relating to the value of, and of

money, 373

price of provisions, &c., to be considered in

the valuation of, .... 373
five councillors to be a quorum for valu-
ing 374

limitation of the time for bringing actions

on this act, 374

time for contracting debts that are to have
benefit upon depreciation of the

bills 375

BIRTHS. {See Fees.)

BLACK-MAIL. {See Threatening Letters.)

BOARDS, PLANK AND TIMBER.

Act for the admeasurement of, &c., . . 128, 534
Surveyors and Measurers of, . . . 129
penalty for shipping, &c., boards, &c., not sur-
veyed, 129

BOARDS, SHINGLES, STAVES AND
HOOPS,

assize of, 129, 533

shingles to be surveyed in the town where

m.ide, by surveyors of shingles, . 130
staves and hoops, cullers of, ... . 130

their duties and fees, 130

staves and hoops to be surveyed before ship-
ping, 130

masters of vessels having on board, to give

certificate to impost-officer, . . 130
said act renewed 362

Ikdex.

1157

BOABDS, SHINGLES, STAVES AICD
B:OOFS—Co7itiiuied.

act in addition to said act 533

BONDS. {See Bills of Public Credit.)
BOSTON. {See Court-home, Workhouses, Con-
tagious Diseases, Guns, Porters,
Fire, Ferries, Lotteries, Taxes,
Jurors; also Votes and Orders,
p. 1146.)
empowered to lay tax on coaches, chariots,

chaises, calashes and chairs, . . 78
coaches, &c., to be entered with the to\vn treas-
urer, 78

Bald tax to be for repairing Boston Neck, . . 79
the coaches, chariots, &c., of the governor and
of the settled ministers in said town

to be exempt 79

BOSTON HARBOR, LIGHTHOUSE IN.

{See Lighthouse.)
BOSTON, MARINE SOCIETY AT, IN
NE"W ENGLAND. (See
Votes and Orders, p. 1147.)

Incorporated, 708

BOSTON NECK. {See Bo^iton.)
BOUNDARY LINE BETWEEN MAS-
SACHUSETTS AND NEW
YORK.
commissioners appointed to settle the, . . 705

BOUNTY. {See Province Snow, Wolves, Bears,
Catavioiints, Wildcats, Lndians,
Service ; alsoYoTES and Orders,
p. 1145.)
BRAINTBEE. {See Lotteries.)

act to prevent obstruction of fish in Monatiquot

River, 485, 647

BRANDY. {Si-e Excise.)
BRIDGES, PRIVATE.

an act to regulate the expense of, . . . 127
court of general sessions to determine as to

them 128

renewal of said act 326, 984

BRISTOL. {See Taunton, Taxes.)
BRISTOL, COUNTY OF. {See Superior
Court of Judicatute, Sessions of
the Peace, Lnferior Court of Com-
mon Pleas; also Votes and
Okders, pp. 1145, 1147, 1151.)
BROOKFIELD. (See Votes and Orders, p.
1147.')
Act making an addition to the second precinct
in, and dividing the first precinct
info two precincts by the names of
the First Precinct and the Second

Precinct 780

provision relating to the meeting-house and

ministry charges 781

CALASHES. {See Boston, Excise, Linen.)
CALENDAR.

order relating to the act of Parli.iment correct-
ing. (See Votes and Orders, p.
1146.)
CANDLES.

sole right of making, from spermaceti oil,

granted, 547

penalty for others selling, &c., . . . 547
CANNON. {See Guns.)

CAPE BRETON. {See Service, Appropria-
tions.)
expense of expedition against, re-imburscd by

parli.ament, 430

persons empowcrc^^to receive the sum granted, 430
said money to be exchanged for bills of credit, 430, 480
contracts, after certain date, to be in silver, . 431
CAPE COD, {See Truro, Provincetoicn.)
CAPE COD, HARBOR OF. {See Province-
toicn.)
CAPIAS, PENALTY FOB NOT SERV-
ING. {See Fees.)
CAPITAL OFFENCES. {See Service.)
CARLISLE.

district of, established, 729

to join with Concord in choice of representa-
tive 729

to join in keeping in repair the great North

Bridge 730

CASKS. {See Impost.)

assize of, 12

to be branded 12

m.ay be passed, though not free of sap, . . 30
allowance to packers, 12, 39

G A-SKS— Continued.

rum and molasses in, to be, ganged by Gunter's

scale, 363

gaugers of, to be appointed by the general ses-
sions, and ihiir oath, . . . 363
penalty for selling without ganger's mark, . 363
assize of, act rel.iting to, renewed, . . . 488

assize of, 1000

regulations relating to the packing of fish, . 1000
packers of fish to be pworn, .... 1000
CASTLE WILLIAM. {See Dorchester, Con-
tagions Diseases, Service, Fees.)
enlistments for service at, to be made from Dor-
chester, Weymouth and Charles-
town, . . \ . ITO, 259, 420, 982
fine for non-attendance, . 170, 259, 420, 983

subsistence allowed, 170

exemption from other duties, 171, 259, 420, 983
penalty for not appearing at alarms, 171, 259,

421, t;S3
CATAMOUNTS.

bounty for killing, and how paid, . 243, 244, 516
CATS. {See Contagious Diseases.)
CATTLE. {See Eastham, Piovincefown, Plum
Island, Truro, Barnstable, Plym-
outh, Biddeford, Scituate, Yar-
mouth, Ilarivich, Fmces.)
CHAIRS. {See Boston, Excise, Linen.)
CHAISES. {See Boston, Excise, Linen.)
CHARIOTS. {See Boston, Excise, Linen.)
CHARLESTOWN. {See Castle William,

Fire, Ferries.)
CHARLTON. (See Votes and Orders, p.
1147.)

1158

Index.

C'H.A'RT,TON—Co7itimted.

district of, cstiiblisbcd '^Sl

to join with Oxfoi-d in choice of representative, 781
CHEAPSIDE. (See Greevfehl.)
CHEBACCO. (See Ipnoich.)
CHEBAQUIDUCK. {See Dogs.)
CHILDREJN". {Sec Minors.)
CflI]SrA-'WARE. (See Excise.)
CHUKCH OF ENGLAND.

taxes of members of, to be paid to their own

minister, 25

members of, exempted from support of minis-

ters and meeting-houses, ... 25
members of, not to vote on affairs relating to

ministers and meeting-houses, . 25
CHURCHES.

Deacons of Protestant, enabled to take, in
suocesi^ion, grants and donations,

&c • . 778

Church-wardens of Episcopal, enabled to
take, in succession, grants and do-
nations. Sec, 778

Ministers of Protestant, enabled to take,

in succession, parsonage lands, &o., 778
not Episcopal, may choose a committee to

account, &c., with deacons, &c., . 779
grants to, income of, not to exceed a certain

amount 779

donations to, by deed, to be void unless re-
corded three months before the

death of the donor 779

donations to, by will, to be void unless made

before last sickness, &c., . . . 779
pews may be taxed for public worship, . . r79
proprietors may choose clerk, &c., . . . 779
CHURCH- WARDENS. (See Clnirches.)
CIDER. (See Excise.)
CLEARANCE. (See fmpost. Tonnage.)
CLERKS OF THE COURTS. (See Fees.)
COACHES. (See Boston, Excise, Linen.)
COASTING- VESSELS. (See Vessels.)
COFFEE. (See E.vcise.)

COLLECTORS OP EXCISE. (See Excise.)
COLLECTORS OF TAXES. (See Tares,
Oath, Tonnage, Ministers, Slough-
ion.)
COMMISSARY-GENERAL.

act conflrmiiig the proceedings of, . . . 649
COMMISSIONERS OF IMPOST. (See

Impo.H, Lighthou.te.)
COMMISSIONERS OF SEWERS. (See

Sewers.)
COMMON LANDS. (See Fences, Ways, Ips-
wich. Coparceners, Partition of
Lands, M'ooJs, M'enham, Fi^?i.)
proprietors of, how meetings may be called, . 669
powers of, in their meetings, . . . 669
may raise money for the use of the pro-
priety, 670

COMMON SHORES. (See Drains.)
CONCORD.

easterly part of, &c., made a town h5' the name

of Lincoln, 728

northerly part of, made a district by the name

of Carlisle, 729

to join with said district in choice of represent-
ative, 729

CONNECTICUT. (See Bills of Public
Credit.)

CONSTABLE. (See Fees, Taxes, Pfovinec-
toicn. Profanity, Towns.)

CONTAGIOUS DISEASES.

Act relating to, .... 35, 574, 755
Persons infected with, provisions concern-

597

362

Infected vessels, commanding officer at
Castle William and keeper of light-
house to direct, to come to anchor
near the hospital on Rainsford'a
Inland, in order that the sick may
be removed there, . . . 124, 1042
permit to come ashore, how obtained, 124, 1042

penalties, 125, 1043

sick, when to be sent there, . . . 125, 1043
selectmen of Boston to provide nurses,

&c. 126, 1044

said act renewed, .... 476, .574, 755
clothing, &c., suspected to be infected when
brought into any town, proceedings

in relation to 596

justice of the peace to issue warrant, &c., 596
penalty for not assisting officer, . . . 597
warrants for impressing housing, &c.,
Act to prevent, by dogs, cats, and other brute
creatures, dying of any distemper, and ly-
ing unburied, . . .
CONTRACTS. (See Cape Breton.)
COPARCENERS.

joint tenants and tenants in common, Act to
prevent, from committing strip
and waste, renewed,
CORN. (See Grain.)
CORONERS. (See Fees.)
COSTS. (See Actions.)

COUNCIL. (See General Court, Governor.)
COUNTERFEITING. (See Lotteries, Ex-
cise. )
clipping or diminishing money. Act against, .

said Act renewed

persons convicted of, to be sold for a term of
service, if unable to p:iy fine, .
COUNTY REGISTER. (See Registers of

Deeds.)
COURT OP ASSISE. (.See Superior Court

of Judicature.)
COURT-HOUSE IN BOSTON. (See Votes

AND OlJDERS, p, 114.1)

penalty for incumbering the doors of, 28, 360, 516, 869
chains to be set up to prevent disturbance to
the general court, ....
COURTS. (See Superior Court of Judicature,
Sessions of the Peace, Inferior
Court of Common Pleas.)
COURTS-MARTIAL. (See Service.)
CREDITORS. {See Debtors, Actions.)
CRIER OF COURTS. (See Fees.)
CROWN POINT, * EXPEDITION

AGAINST. (See Service, Ap-
propriations ; also Resolves and
Votes and Orders, pp. 1144,
1148, 1150.)
An Act to enable the committee of w.ar to pro-
vide necessaries for the, .
justices of the peace to Issue warrants to

sherifl' for impressing the same,
prices of things so taken fixed,
CULLERS OF STAVES, &c. (See Boards.)
CUSTOM-HOUSE, {See Impost.)

408
869

712

467

919
919

li^^DEX.

1159

DAMS. (See Sewers.)

DANVERS. (See Votes and Orders, pp.
1148, 1150.)
District of, established from the village and

middle parishes in Salem,
said district to join with Salem in the choice of
representatives, ....
Salem to fulfil their agreement with said district,
DEACONS. (See Churches.) *
DEATHS. (St^eFees.)
DEBTORS. (See Poor Prisoners.)

Absent or absconding, Act relating to, re-
newed

Act in addition to said act, ....
DEBTS. (See Bills of Public Credit.)

to be deemed of value of bills of credit when

contracted,

DECLARATION". (See Oath.)
DEEDS. (See Mxciae on Vellum, <&c.. Fees.)
DEER.

act for preservation of, proof of killing, and
appointment of informers, re-
newed 182, 574,

DEERFIEIiD.

the northeasterly p.art of, made a district by the
name of Greenfield, ....
to join with said district in choice of represent-
ative,

DEPUTY-SHERIFF. (See Sheriff.)
DESCENT. (See Estates of Persons Deceased.)
DESERTION. (See Service.)
DEVISES. (See Partition, Indians.)
DIGHTON. (See Votes and Orders, p. 1145.)
formerly the South Precinct of Taunton,
bounds of, stated, ....

made a township

DISGUISE. (SeePiots.)
DISTRESS. (See Partition.)
DISTRICTS. (See Fish, Towns.)
established :

Carlisle

Charlton,

Danvers,

Granville,

Greenfield

Montague,

New Salem,

Palmer,

Pepperell

598

BISTBICTS-Continited.

PiUtland District

Shirley

Southampton

South nadley

Spencer

DIVORCE. (See Governor and Council.)
DOGS. (See Beverly, Contagious Diseases.)

act to prevent mischief bj'

may be killed when found out of the care

of the owner,

owner to pay damages for injury done by,

no action allowed for killing,

this act not to apply to the county of York,

said act renewed

act to prevent mischief by, on Martha's Vine-
yard, Nantucket, Chebaquiduck, .
may be killed when found there, .
penalty for keeping dogs there, .

how actions are to be tried

said act renewed,

on the island of Nantucket, .act to prevent mis-
chief by,

may be killed in Nantucket, ....

fine for keeping dogs on said island, to be

recovered by the selectmen of Sher-

burn,

no action to lie against persons killing dogs

there,

said act renewed, 301

DORCHESTER. (See Castle William.)

militia of, to be enlisted for service at Castle

William

fine for neglect

pay for service,

excmi^lion from other service,
to attend upon alarm under penalty, .
DRAINS AND COMMON SHORES.

persons receiving benefit from, to pay their pro-
portion of expense, ....
DRAWBACK. (See Lnpost.)
DUKES COUNTY. (See Ferries, Superior
Court of Judicature, Sessions of
the Peace, Inferior Court of Com.
mon Pleas.)
DUNSTABLE. (See Votes and Orders, p.

1150.)
DUTIES. (See Impost, Lighthouse, Tonnage,
Excise.)

654
637
638
655
653

208
208
208
208
869

724
724

724
1027

79
679

EASTERN-HARBOR MEADOWS. (See

Tmro.)
EASTHAM. (See Votes AND Orders, p. 1151.)
horses, cattle and sheep not to feed on the

beach at Billingsgate Bay, . . 27

how impounded, 27

officers to be chosen to see that this act be

obseiTcd 27

said act renewed, 326

act in addition to said act 501

said act renewed, 1038

l^K^'Y'B.hM.— Continued.

act to prevent damage b3- cattle or horses at

NoPsett Beach and meadow in, . . 3C8, 646
EDUCATION. (See Grafton.)
ELBOWS.

plantation called the, made a district by the

name of Palmer, .... 599
EMBARGO. (See Fishery, Exportation of
Warlike Stores; also Votes and
Orders, pp. 1148, 1151.)
. act relating to, 806, 1046

1160

Index.

"EMBARGO— Continued.

penalty for vessels sailing contrary to

proclamation of the governor, &c., 806,
10i6
EPISCOPALIANS. (See Church of Eng-
land, Churches.)
ESCAPE. (See Poor Prisoners.)
ESSEX, COUNTY' OP. (See Superior Court
of Judicature, Sessions of the
Peace, Inferior Court of Common
Pleas.)
act confirming certain vrrits, &c., . . . 725
ESTATES DEVISED. (See Partition, In-

dians, Excise, Actions.)
ESTATES OP PERSONS DECEASED.
(See Probate of Wills, dC-c.)
dying on passage in any vessel. (See Impost.)
Intestate, settlement of, where there is no

issue, 495

EVIDENCE. (See Excise, Woods, Oath, Wit-

nesses.)
EXCISE. (See Treasurer of the Province,
Loans; alno Resolves and Votes
AND Orders, pp. 1144, 1146, 1147,
1148, 1149, 1150, 1151.)
On all wines, brandy, rum, and other spirits,

18, 236, 411, 568, 610, 673, 783, 903, 909,

920, 1010.

oranges, . . . 568,610,673,903,1010

lemons and limes, 18, 236, 412, 568, 610, 673,

783, 903, 1010

sour oranges 258

To be paid by taverners, innholders, common

victuallers, and retailers, 18, 236,412, 568,
610, 673, 783, 903, 1011.
by persons having permit to sell from the

farmer of excise, ..... 909

permits, how granted, &c 1020

persons having permit, and those not having

permit, to render account, &c., 911, 912,

1016, 1017,1018

provisions relating to the importing of liquors, 912,

913, 914, 1019, 1021

Collectors of, to be appointed, ... 19

duties of, 19

compensation of, 19

Licenses, general sessions to take recogni-
zances of those receiving, 20, 413, 570»
611, 675, 784
act relating to said recognizances, . . 885
to be lost unless recognizance is taken, &c., 20,
413, 570, 612, 675, 784
not to be granted to any person that has not

accounted, &c., 20, 413, 570, 612, 675, 784,

904

bond to be given 904, 1011

taverners, &c., giving false account, &c., to
be rendered incapable of having,
afterwards, . 20, 413, 569, 611, 675, 784
how granted by the general sessions, . . 922
petitions for license to sell, or to keep an

inn, &c., provisions relating to, . 922
selling without, penalty for, 21, 238, 413, 570, 612,
675, 784, 905, 1012
evidence necessary to convict, 21, 238, 413>
670, 612, 676, 785, 906, 1013
gaoler giving liberty to person con-
victed, to pay penalty, 21, 413, 570, 612,
676, 784, 905

'E'X.ClBTii— Continued.

evidence to be taken in writing, . . 22
proceedings in case of houses sus-
pected, 22, 258, 414, 570, 612, 676, 785,

906
penalty for refusing to testify, 22, 238, 414,
571, 613, 676, 677, 785, 906, 1013
lending liquors, &c., to he deemed a

sale, 905, 1012, 1013
to Indians, slaves or children, 257, 414, 671,
613, 676, 785, 906, 1013
Taverners, innholders, &c., to take an ac-
count of*!iquors, &c., and give account
thereof to the farmers of excise, upon
oath, 236, 237, 412, 569, 610, 611, 674, 783, 807, 903,

920, 1010

allowance for leakage, 237, 412, 569, 611, 675, 783,

904, 921, 1011

penalty for false account, 237, 412, 569, 611, 675,

784

licensed persons, provisions relating to, 237, 670,

611, 675, 784, 796, 797, 885, 904

oath required of, 715

Parmer of, for the County of Suffolk ap-
pointed . . 423

Parmera of, appointment and duties of, 239, 240,
416,572, 614, 677, 786,885,907,909,910,
911, 912, 913, 914, 915, 921, 1014
in actions against, they may plead the gen-
eral issue, 258, 416

if judgment be in their favor, they shall

recover treble costs, . . . 258, 416

provision in case of death of, 258, 416, 573, 615,

679, 789, 907, 1015

empowered to cearch for liquors, . . 909, 1016

not allowed to be members of the general

court, 921

On tea, coffee, arrack, snuff and china-ware,

act for granting, .... 495
none to sell without license and bond, . 496, 797
penalty for selling without license, . . 496

collectors, how appointed, &c 496

their duties, 497

general sessions to grant licenses, '. . 497
duties to be paid on couches, chariots,

chaises, calashes and chairs, . . 497
On tea, coffee and china-ware, act for grant-
ing, 750, 990

none to sell without license, . . . 750, 990
fine for selling without license, . . 751, 991
farmers of, how aj^pointed, and their duties,

&c 751, 752, 991

provision in case of death of, . . 753, 992

licenses, how granted 753, 992

(See Votes and Orders, p. 1150.)

On vellum, parchment and paper, . . . 793

commissioner of stamps, appointment and

duties of, 794, 867

(See Votes and Orders, p. 1149.)
penalty for counterfeiting stamps, ' . . 795
penalty for using vellum, &c., without

stamp 795

fines, how disposed of, 795

instruments not valid unless stamped, 795, 867
■wills and instruments in probate office
and warrants not liable to be

stamped 867

writs, deeds, &c., not to be stamped after

being signed or sealed, . . . 867

Index.

IIGI

EXECUTIONS. {See Actions, Bills of Pub-
lic Credit.)

EXECUTOBS. {See Probate of Wills, Sc,
Actions.)

EXPORTATION" OP "WARLIKE

STORES. {See Loui.sbur'j ; alto
Votes and Orders, i)p. 114S, 1149,
1150, 1151.)

EXPORTATION OF WARLIKE

STOB.T!iS—Conti7iiied.

forbidden, 870, 1027

proviso for coasting vessels, &c., . . . 871

said act renewed 993

fish in bulk may be taken on board, bond being

gi\en, 1027

EXTORTION. {See Fees.)

FALMOUTH. {See Ferries.)
FARMERS OP EXCISE. {See Excise.)
FEES. (See Votes and Oudeks, p. 1144.)

acts for establishing and regulating, 13, 101, 176,

328, 525, 056, 983,

Of justices of the peace, 14, lOl, 176, 328,

657,
Of coroners, . 14, 102, 177, 329, 526, 657,
Of judge and register of probate, 14, 102,

329, 526, 657,
Of the justices of the superior court, 15,

178,330,527,658,
Of the clerk of the superior court, 15, 103,

330, 527, 658,
Of the justices of the inferior court, 16, 104,

330, 527, 659,
Of the clerk of the inferior court, 16, 101, 17S
Of the court of general sessions, 52S, 659,
Of the clerk of the general sessions, IG, 104,
331, 528, 529, 659, 600,
Of the sheriff or constable, 16, 104, 179,

529, 660,

Of the crier, . 17, 104, iSo, 332, 530, 661,
Of the captain of Castle William, . . 661,
Of the gaoler, ,. 17, 104, ISO, 332, 530, 661,
Of the messenger of the House of Uepre-

scntativcs, 17, 106, ISO, 332, 530,601,
Of grand jurors, 17, 106, ISO, 332, 530, 602,
Of petit jurors, 17, 106, ISO, 3.32, 530, K2,
For marriages, and recording births

and deaths, 17, 106, ISO, 333, 530,

For certificates of birth or death, and
search of record, 17, 106, ISO,

530, 662,
Of county register, 17, 106, 181, 333, 531,

Of the governor, . 106,181,33.3,528,659,
Of the secretary, . 106, ISl, 333, 52S, 659,
Of sealers of weights and measures,
penalty for taking other fees, 18, 107, 181, 333,

602,
for not serving warrants, summons, capias,
or attachment, . . 18, 107, 181,
FENCES. {See Truro.)

Partition, how maintained, ....
disputes determined by fence viewers,
their settlement to be recorded in town

clerk's office,

penalty for refusal to erect, &c., .

act relating to, 264

act relating to, renewed,

insuflicient, owners of, refusing to pay fees to
fence-viev.er, to pay double fees, .

146

7 I

253,

1032

525,

10.32

lO:

177,

1G33

103,

1033

178,

1034

178,

1034

, 331

1034

179,

1036

331,

1036

1037

1037
1037
1037

662,
1037

333,
1037
662,
1038
1035
1035
137
531,
1038

,333

65
65

65
647
984

FENC:EiS— Continued.

owners of horses and cattle impounded liable
for damage in general fields, unless
it appears that the fence was in.

sufficient, &c 722

owners of unimproved land not to pay any

part of the general fence, . . 722

said act renewed, 1027

PENCE- VIEWERS. {See Fences.)
FERRIES.

between Boston and Charlestown, six boats ap-
pointed for, and their use, . . 465

rates of ferriage 466

ferry ways to be enlarged, .... 466
between Boston and Winnisimmet, four boats

to be at, and their equipment, . . 466
penalty for ferryman's neglect, . . . 466

rates of ferriage, 466

between Dukes County and Falmouth, act con-
cerning, 732

general sessions empowered to raise money

for 732

over Charles River. (Sec Votes and Orders,
p. 1146.)
FIRE. {See Wood.-i, Plum Island.)

act for the more speedy exti.iguishment of,

&c.,

all towns empowered to choose firewards, .

their duty,

penalty for refusing to assist firewards,

penalty for robbing goods, &c

Boston empowered to choo.se twelve firewards,
act to prevent damage bj', in Boston and
Charlestown, .... 429,
sailmakcrs' and riggers' tenements to be
allowed by the telectmen,
FIREWARDS. {See Fire.)
PISH. i^See Casks, Packers, Fishery, Exporta-
tion of Warlike Stores, Sandwich,
Middleborough, Braintree ; also
Votes and Orders, p. 1145.)
obstructing the passage of, act relating to, 134,

(See Votes and Orders, p. 1148.)
general sessions to determine places for pas-
sage of, . . . 134, 267, 268,
opening of ways for, in mill-dams, . 267, 2iJS,
mill-dam at W.atertowu not to be raised in a

certain time, &c 269

manner of catching alowivcs and other fish

with seines, nets, &c., regulated, . 809
persons chosen by towns to keep passage-ways
open for, to be under oath, and fine
for not serving, .... 809

214
214
214
214
214
610

646

429

207,

S09

260
269

1162

Index.

FlS^—Co7iii>uied.

towns, districts or proprieties through which
stream runs to regulate the catch-
ing of, 809, 810

tide-mills subject to this act, . . • 810
catching of, in Merrimack River regulated, . 810
proviso concerning menhaden, .... 811
liberty for taking, in Medford River, to he
given by solectmcn of Cambridge,
Charlestown and Medford, . . 811
FISHERY. (See Embargo; also Votes and
Orders, p. 1146.)
act for the better regulating, .... 1030
no fishing vessel to depart for the banks of
Newfoundland, &c., before a cer-
tain date 1030, 1046

codfish, order relating to the exportation of.

(See Votes and Orders, p. 1148.)

FISHING VESSELS. {See Vessels, Fish.

enj.)
FOREIO-lSr PROTESTANTS. {See Jfassa-

chusetts Frigate.)
FORT DUMMER. (See Votes and Orders,

p. 1149.)
FORT MASSACHUSETTS. (See Re-

solves, p. 1144.)
FRANCE. {See Province Snoio, Traitorous

Correspondence, Service, Louis-

burg, Appropriations.)
FRENCH AND INDIANS. {See France.)
FRENCH NEUTRALS. {See Nova Scotia.)
FRONTIERS. {See Service.)
FUNERALS.

act relating to expense at, renewed, .

483

GAMING.

all security for money won at, &c., to he

void,

how loser or other person may recover, .
winner to discover upon oath, and thereupon

be discharged,

said act renewed

GAOL DELIVERY, GENERAL, COURT
OF. {See Superior Court of Judi-
cature.)
GAOLER. {See Fees, Excise.)
GAUGERS. {See Casks, Impost.)
GENERAL ASSEMBLY. {See Gener-al

Court.)
GENERAL COURT. {See Appropriations,
Fees, Petitions, Court-Jiouse ; als(i
Votes and Orders, pp. 1144,
1145.)

Convened at Concord,

At Cambridge,

Adjournments, &c., sheriffs to give reason-
able notice of, (renewal of previous

actl, 181, 574,

convened Sept. 5, 1755, acts of, confirmed,
Members of, allowance to, 22, 206, 241, 205,
Farmers of the excise not allowed to be, .
GENERAL FIELDS. {See Fences, Com-
mon Lands.)
GENERAL SESSIONS. {See Sessions.)
GERMANS. (See Impost.)
GERMANTOWN. (See Lotteries.)
GLASS, MANUFACTURE OF. (See Lot-
teries.)
GOATS. {See Sciluate.)

and sheep, .let relating to, renewed, .

act in addition to said act

towns may give liberty for, to go at

large, .

GOVERNOR. {See Boston, Appropriations,
Lieutenant-Governor, Fees, Embar-
go.)
salary of, granted, 5,75,' 148, 241, 322, 371, 422,
515, 717, 755,
GOVERNOR AND COUNCIL. {See Par-
iition, Louisburg.)

465,
864

GOVERNOR AND COTJ'^ GTLi— Continued.
decrees of, relating to marriage and divorce,

how carried into execution,
order relating to est.ate of "William Clapham.
(See Votes and Orders, p. 1147.)
GOVERNOR'S ISLAND.

act for appropriating part of, to the public use

for batteries,

sherifi" of Suffolk to lay out and take pos-
session of it

persons to he appointed to appraize the

land taken,

satisfaction to he made from the public

treasury,

GRAFTON.

proprietors of Ilassanamisco lands in, enabled
to raise money to support a minister
and schoolmaster, ....
GRAIN. {See Casks, Barberry Bushes.)

measurers of, to be appointed

duties of.

GRAMMAR SCHOOL IN IPS"WICH.

(See Ipsivich.)
GRAND JURORS, (See Jurors.)
GRANVILLE.

district of. established,

GREAT BREWSTER LIGHTHOUSE.

(See Lighthouse.)
GREENFIELD.

district of, established, . . . .

to join with Deerfield in choice of rep-
resentative,

the lands called Cheapside to pay taxes to

said district,

place of the first meeting-house, .
GREENWICH.

town of incorporated,

GRIFFIN'S ISLAND. (See Eastham.)
GROTON. (See Resolves, p. 1144.)

southwest part of, made a district by the name

of Shirley, . • .' .
to join with said district in choice of repre-
sentative

second precinct in, made a district by the name
of Pcpperell

782

182
182
183
183

671
671

672
672

637
637
652

Index.

1163

■O-ROTOW— Contln ued.

to join with said district in choice of repre-
sentative, 653

GUAKDIAKTS. {.See ParlUion, Probate of

Wills.)
GUARDIANS OP INDIATI" PLANTA-
TlOSrS. (See Indian.'!.)

GUNS, CANNON OR PISTOLS
CHARGED "WITH SHOT
OR BALL.

act to prevent tlie firing of, in the town or har-
bor of Boston, ..... 305, 4"S

said act renewed, 574, 705

GUTTER'S SCALE. (See Casks.)

HADLET.

second precinct in, made a district by the name

of South Had ley, .... 655

to join with said district in choice of repre-
sentative 655

HAMPSHIRE COUNTY. (See Inferior
Court of Common Pleas, Ses.tions
of the Peace, Superior Court of
Judicature.)

certain lands annexed to, 656

HARVARD COLLEGE. (See Votes and
Orders, pp. 1146, 1147.)

president and fellows of, authorized to sell

lands in certain cases, . . . 749
and to make sale of farm at Shawshine in

Uillerica 749

HAR"WICH.

act to prevent damage by cattle, horses, sheep or
swine, on the meadows and beaches
on the north side of, between Skeket
Harbor and Setuckct Harbor, . 502

HAR"WICH- Continued.

said act renewed

HASSANAMISCO. (See Grafton.)

HERRING RIVER. (See Sandicich.)

HIGHWAYS. (See Wa^js.)

HOGREEVES. (See Swine.)

HOOPS. (See Boards.)

HORSES. (See Eastham, Provincetoicn, Plum
Idand, Truro, Barnstable, Plym-
outh, Biddeford, Scituatc, Yar-
mouth, Harwich, Fences.)
not to S.0 at large without fetters,
proviso for towns to give liberty,

HOSPITAL. (See Contagious Diseases.)

HOUSE OP REPRESENTATIVES. (See
General Coui't.)

HOUSES OP CORRECTION. (See Idle.)

HOUSES OP ENTERTAINMENT. (See
Excise.)

HUNTING. (See Indians.)

649
649

IDLE AND DISORDERLY PERSONS.

act relating to, 326,

persons liable to thp house of correction or
workhouse, may be bound to ser.

vice,

general sessions may set at diberty such

persons,

use of their earnings,

IDLE AND INDIGENT PERSONS. (See
Workhouses, Poor.)
dissolute or vagrant persons having a rateable
estate to be treated as poor, indi-
gent and impotent persons arc,

appeal to general sessions

IMAGERY. (See Riots.)

IMMIGRANTS. (See Impost, Poor.)

IMPOST. (See Tonnage, Treasurer of the

Province, Loans, Louisburg ; also

Resolves and Votes and

Orders, pp. 1144, 1146, 1150, 1151.)

Act for granting impost and. tonnage of

shipping, 81, 184, 271, 3G3, 403, 407,

534, 576, 618, 007, 757, 841, 891, 917,

Dutiable articles and rates of impost,

81, 184, 271, 304, 4U3, 468, 518, 576,

697, 758, 841,932,

Double duties in certain cases, 81, 184, 271,
403, 468, 518, 577, 019, 697, 758, 842,

926
926

518,
932,
1002

618,
1002
364,
933
lOoi

IMPOST— Continued.

In what manner and bywhom to be paid, 81,
184,271, 304,403, 403, 518, 577, 619,698,
759, 842
Manifest or report, how and to whom made

by master of vessel, 82, 185, 272, 364, 404,

468, 519, 577, 019, 698, 753, 842, 933, 1003

Entry, by importer, &c., how made, 82, 185, 272, 365,

404, 409, 519, 578, 620, 098, 758, 843, 933,

1003

Importer's oath, form of, 82, 185, 272, 365, 404,

469, 519, 578, 620, 699, 760, 843, 933, 1003

Goods to be landed in the day-time only,

83, 185, 272, 365, 405, 409, 520, 578, 620,
699, 760, 843, 934, 1004
Casks, how and by whom gauged, &c.,

S3, 186, 273, 365, 405, 469, 520, 578, 620,

699, 760, 843, 934, 1004

Allowance for leakage of wines, 83, 186, 273,

305, 405, 409, 520, 578, 621, 699, 760, 844,

934, 1004

Wines not to filled up on board without

certificate, 83, 180, 273, 366, 405, 409, 520,
578, 621, 699, 760, 844, 1004
Repayment of, for decayed wines, 83, 186, 273,
366, 405, 409, 520, 579, 621, 699, 760, 844,
934, 1004
Master of vessel, his liability and se-
curity, 83, ISO, 273, 366, 405, 470, 520,
679, 621, 700, 760, 844, 935, 1005

11G4

Index.

INLFOST—Coniimied.

Ship or vessel when liable for, 84, 1S6,
366, 406, 470, 521, 579, 621, 700, 761
935
Clearance, naval-officer not to give, until pay-
ment of impost or tonnage, 84, 85
274, 367, 406, 471, 521, 580, 622, 700
845, 936,
Bills of store for private adventures,
&c., how allovsfed to masters, 84,
274, 367, 406, 471, 521, 580, 622, 701
845, 936,
Imports by land, report of, to be made, and
duties to be paid, 84, 187, 274, 367,

471, 520, 578, 620, 699, 760, 843, 934,

Penalties, one-half to the government, and

one-half to the informer, 84, 187, 274,

407, 471, 524, 535, 703, 764, 847, 938,

Officers to be appointed, and to liave right
to search, 522, 580, 622, 701, 762, 845,

Tonnage duty, 85, 188, 275, 367, 407, 471, 522,

623, 701, 762, 846, 937,

Measurers of vessel for, how appointed

and paid, 85, 188, 275, 308, 407, 471,

581, 623, 701, 762, 846,937,

Commissioners and receivers of, how

appointed, 85, 188, 275, 368, 408, 472,

581, 623, 702, 703, 847, 93S,

powers and duties of, 81-S6, 188, 275, 368,

472, 522, 523, 581, 624, 702, 703, 847,

compensation of, and their deputies, 86, 188,

369, 408, 472, 523, 582, 624, 702, 703,

938,

(See Votes and Orders, p. 11480
Officers, informations by, judgments on, act

relating to,

Officer. (.See Boards, Pork.)
Drawback, 368, 407, 472, 523, 581, 623, 702, 763,
846, 903, 937, 1003,
Masters of vessels to allow sufficient room
and provisions for passengers (Ger-
mans and others) to any port, and

penalty for neglect

Commissioner empowered to make inquiry

whether such room, &c., is allowed.

Provision for saving the personal effects of

passengers dying on the passage, .

Master to return inventory to register of

probate,

ponaltj' for neglect, ....
Commissioner of, act confirming the pro-
ceedings of,

Tonnage duty granted for maintaining two
armed vessels, .....

manner of measuring,

selectmen, &c., to assess whaling, fishing
and coasting vessels, . .
(See Resolves and Votes and
Orders, pp. 1144, 1150.)
IMPBESSING OF SOLDIERS, &c. (See

Service.)
INDIANS. (See Traitorous Correspondence,
Wolve-f, ExcUe, Profanity, Riots,
Street Lamps, Lotteries ; also
Votes and Ordeks, p. 1145.)

274,
, 844,
1005

,187,
, 761,
1006

187,
, 762,
1006

I 406,
1004,
1006

367,
1008

936,
1006
580,
1007

522,
1007

523,
1008
408,
934,
938
275,
847,
1008

842,

1007

536

537

537
537

307

307
383

INDIANS— CoraiiJwJ^ed.

Eastern and western, trade with, regu-
lated, 6, 642

truck-houses and truck-masters for, . 6, 642
hunting heaver, &c., in the eastern parts,

prohibited under penalty, . . 644

act for regulating, 306

said act renewed 679

guardians of their plantations to be ap-
pointed, and their powers and

duties 306, 307

no action to be brought against, for more than
ten ehillings, unless allowed by the
general sessions, or the guardians
of their plantations, ....
guardians of, to keep account of their proceed-
ings

devises of real estate by, to be void, .
INDIAN SCALPS OR CAPTIVES. (See

Votes and Orders, p. 1145.)
INFANTS. (See Partition.)
INFERIOR COURTS OF COMMON
Pleas. (See Fees, Jurors,
Taunton, Actions; also Votes
and Orders, p. 1146.)
Times and places for holding: (See
Votes and Orders, p. 1151.)
In the county of

Barnstable 64, 726

also Votes and Orders, p. . . 1147

Bristol, 64, 313

also Votes and Orders, p. . . 1147

Dukes -.64

Essex, 64

Ilampshire 26, 64

Middlesex 64, 567

Nantucket, 64, 568

Plymouth 64, 725

Suffolk 26,64

Worcester 64

York, 64, 726

any two justices of, may adjourn after first

adjournment, • 482

manner of notification, 4S3

INFORMERS. (See Bills of Public Credit,

Deer.)
INNHOLDERS. {See Excise, Bills of Public

Credit.)
INNS. (See Excise.)
INSANE PERSONS.

act relating to, renewed, 420

INSOLVENT ESTATES. (See Probate of

Wills, d-c.)
INTEREST, LEGAL RATE OF. (See

I'mri/.)
INTESTATES. (See Estates of Persons De-

ceased.)
IPSWICH. (See Wenham ; also Votes and
Orders, p. 1149.)
an act to preserve Chebacco woods in, . . 132
method of calling meeting of the proprie-
tors, 133

powers of said proprietors 133

appeal to general sessions, .... 133
the Grammar School in, feoffees of, appointed
and incorpor.-.ted.

their powers and duties,
IPSWICH BAY. (See Plum Island.)

. 892

892, 893

I:n^dex.

1165

JOINT TENANTS. (See Coparceners.)
JUDGES OP PROBATE. {See Probate of

Wills, d-c.)
JUDGMENTS. (See Actions.)
JUB.OKS. (See Fees, Oath, Superior Court of
Judicature, Actions.)
Petit, time cf attendance of, at general ses.
sions and inferior court of common

picas, 29

choice of, act relating to, renewed, . 447, 995
how chosen 474, 995

476,

J'UB.OB,S— Continued.

to serve but once in three years, .

venires, how issued, . . .
new, when issued, .

former act renewed,

choice of in Boston, &c., confirmed,
JUSTICES OP THE PEACE. (See Fees,
Excise, Witnesses, Sealers, Ses-
sions, Bills of Public Credit, Pro.
f unity. Contagious Diseases, Ac-
tions, Nova Scotia, Crown Point.)

474, 995

475, 995

, 996

476

1009

KING GEORGE, PROVINCE SHIP. (See Votes and Orders, p. 1150.)

LAMPS. (See Streets.)

LANCASTER. (See Votes and Orders, p.

1150.)
LAND-BANK OR MANUFACTORY
SCHEME. (See Votes and
Orders, p. 1145.)
act for the more speed}' finishing of, .
Commissioners, appointment of, . . US,
their duties, . . llS-121, 173, 174, 175,
estates of the directors and partners held for

payment, &c., . . . 119, 120,
appeal allowed to the general court, . 120, 173,
provision for feigned issue at law to be tried by

superior court of judicature, .
acts in explanation of said act, . 135, 136, 172,
acts in addition to said act, . . . 442, 551,
LAWSUITS. (See Actions.)

Acts relating to, renewed, . . . 489, 574,
LEAKAGE. (See Excise.)
LEICESTER. (See Votes and Orders, pp.
1145, 1147.)
act to confirm votes of the proprietors of the

westerly half cf

second precinct in, made a district by the name

of Spencer,

to join with said district in choice of repre-
sentative

LEMONS. (See Excise.)

LEVYING MEN POR SERVICE. (See

Service.)
LEXINGTON.

southwesterly part of, &c., made a town by the
name of Lincoln, ....
LICENSE. (See Excise.)
LIEUTENANT-GOVERNOR. (See Votes
AND Orders, p. 1146 )
salary of, granted, . 544, 573, 604, 615, 639, 679,
LIGHTHOUSE. (See Contagious Diseases.)
on the Great Brewster, or Beacon Island in
Boston Harbor, tonnage duty for

repair of,

vessels how measured for, ....

884

LIGHTING OP STREETS. (See Streets.)
LIMES. (See Excise.)
LIMITATION OP ACTIONS.

Act relating to 444, 609, 727,

LINCOLN.

town of, incorporated,

/LINEN. (See Votes and Orders, p. 1147.)
act to encourage the manufacture of, .

tax therefor on coaches, chariots, chaises,

calashes and chairs

owners of coaches, &c., to give in account

to the town treasurer,
town treasurers to render account to the

managers,

managers to account to general court, .
LIQUORS. (See Excise, Impost, Service.)
LITTLE COMPTON. (See Taxes.)
LOANS. (See Treasurer of the Province,
Agent.)
£60,000, surviving trustees of, appointed by
any town, authorized to sue, &c., .
Of £18,600, committee appointed to obtain,
form of committee's notes, ....
appropriation of the monej',
duty of impost, excise and taxes to secure

said notes,

treasurer to pay said notes as they become

due,

LORD'S DAY. (See Nova Scotia.)

act relating to the observance of, ...
LOTTERIES. (See Votes and Orders, p.
1148.)
act for raising £7,500 by a lottery, for the ser-
vice of the province, .
persons allowed to take out tickets,
Indians, negroes or miilattoes not allowed.
(See Votes and Orders, p. 1145.)
managers appointed, and their duties and

compensation 195-199

method of preparing tickets, benefit-tick-
ets, &c 195, 196

time a4id place of drawing tickets, , . 197

728

680

681
681

77
600
600
600

601

602

270

195
195

1166

Index,

LOTTERIES— Con tinned.

penalty for counterfeiting tickets, . . 107

managers' oath, 19S

one-fifth of the benefit-tickets and the un-
disposed tickets to be for benefit of
the government, .... 198
Swanzoy authorized to set up, for repairing

Miles' Bridge 4S2

Newbury authorized to set up, for building
bridge over the river Parker at Old-
town Ferry 538

(See Votes and Ordeus, p. 1146.)
Precinct of Tetticut authorized to sot up, for

building bridge over Tetticut lliver, 861
act for supplying the treasury by means of a

lottery 539, 518, 575

how tickets to be taken out, .... 539
managers, number of tickets, &c., . . 539
method of preparing tickets, &c., . . 540
time and place of drawing tickets, 541, 548, 575

penalty for counterfeiting 541

managers' oath, 542

taxes granted as security 543

appropriation of the money, . . . 543
managers' compensation, .... 544

act for suppressing, 652

penalty for publishing lottery tickets of

other governments 652

penalty fur selling and buying lottery tickets, 652
act for raising money by, for repairing Boston

Neck 888

provisions relating thereto, . 888, 889, 890, 891
selectmen of Boston for tlie time being to

contract for repairing said neck, . 891

LOTTERIES— Con«j?nie(i.

act for raising money by, to encourage the
manufacture of glass, &c., in Ger-
mantown in Braintree, . . . 1053
provisions relating thereto, . . 1053, 1054
bond to be given to carry on said manufact-
ures, &c. 1053

also Votes and Orders, p. . . 1151
LOUISBTJRG. {See Jpproprialions, Exporla-
tion, &c. ; also Votes and
Orders, pp. 1148, 1149.)
and other French settlements, communication

with prohibited, 814, 871, 881, 902, 1028

penalty, 814, 871, 881, 902

penalty against vessels, &c., . 814, 871, 881, 902
acts to prevent suijplies, &c., to the French, 865, 866,
870, 880, 884, 901, 1027
bond to be given to commissioner of impost

by masters of vessels, . . . 865
penalty, . . . 865, 866, 870, 880, 901
naval officer not to give clearance unless

certificate is produced, . . . 865
oath to be made by masters of vessels, 865, 866,

870, 880, 901
the governor and council empowered to

act 866, 870, 880, 902

proviso for coasting vessels and for towns

where there is no impost officer, 866
870, 880, 881, 902
persons to be appointed to seize French ves-
sels, &c 884

penalty for refusing assistance, . . . 884
LUMBER. {See Boards.)

MANIFEST. {See Impost.)

MANUFACTORY SCHEME. {See Land-
Ban k.)

MARINERS. {See Service.)

MARINE SOCIETY AT BOSTON IN
NEW ENGLAND. (See
Votes and Orders, p. 1147.)
incorporated, 708

MARRIAGES. {See Fees, Governor and Coun-
cil.)

MARTHA'S VINEYARD. {See Dogs.)

MASSACHUSETTS BAY AND NEW
YORK.
commissioners appointed to settle boundary

line between 705

MASSACHUSETTS FRIGATE, THE
SHIP.
concerning the use of, for importing foreign
protestants, and concerning the sale
of. (See Votes and Orders, p.
1146.)

MASSACHUSETTS, THE SLOOP. (See
Votes and Orders, p. 1150.)

MASTERS. {See Service, Riots.)

MEADOWS. {See Sewers.)

MEASURERS. {See Sealers.)

MEASURERS OP BOARDS, &c. (See
Boards.)

MEASURERS OF GRAIN. {See Grain.)

MEASURERS OF VESSELS. {See Im-
post, Tonnage.)

MBDFORD RIVER, TAKING OP PISH
IN. {See Fish.)

MEDFORD, TOWN OF. {See Fish )

MEETING-HOUSES. {See Church of Eng-
land, Salem, Newbury, Greenfield,
Grafton, Churches, Brookfield.)

MERCHANDIZE. {See Impost.)

MERCHANTS. ( See Bills of Public Credit.)

MERRIMACK RIVER. {.See Fish.)

MESSENGER OP THE HOUSE OP
REPRESENTATIVES. {See
Fees. )

MIDDLEBOROUGH.

act to prevent destruction of alewives in, 483, 647

MIDDLESEX, COUNTY OF. {See Su-
pcrior Court of Judicature, Ses-
sions of the Peace, Inferior Court
of Common Pleas.)

MILES' BRIDGE. {See Lotteries.)

MILITARY. {See Service.)

MILITIA. {See Service, Dorchester.)

act for regulating, &c., 34

renewed 488

MILL-DAMS. {See Sewers, Fish.)

MILLS. {See Sewers, Fish.)

Index.

1167

MINISTERS. (See Church of England, Graf-
ton, Boston, Quakers, Anabaptists,
Churches, Ministry, Brookfeld.)
of new plantations, their salaries to be assessed

by tbc general sessions, . . . 649
■warrant in usual form to be directed to the

collectors, &c., 549

penalty for neglect, 550

renewal of said act, 984

support of. (See Votes and Orders, p. 1146.)
MINISTRY. {See Oath, Salem, Xewbury.)

MINORS. [See Partition, Service, Excise, Pro-
bate of Wills.)
MODERATORS. (See Towns.)
MOLASSES. (See Impost, Casks.)
MONATIQUOT RIVER. (See Braintree.)
MONOPOLY. (Sec Stont-ware, Candles.)
MONTAGUE.

district of, cstiiblished,

to join with Sunderland in choice of represent-
ative

MORTGAGES. (See Bills of Public Credit.)
MUTINY. (See Service.)

713

156

915

NANTUCKET. (See Votes and Orders, p.
1150.)

NANTUCKET, COUNTY OF. (See Ses-
sions of the Peace, Inferior Court
of Common Pleas.)
removal of the trial of Jeremy Jude from, to

the county of Barnstable,
inhabitants of, and Quakers in other parts of
the province to be assessed for
defence of the territories in lieu of
personal service

NANTUCKET, ISLAND OF. (See Oyer
and Terminer, Dogs.)

NATICK. (See Ta.ves.)

NAVAL OFFICER. (See Impost, Tonnage,
Louinburg.)

NAVY. (See Trres.)

NEGRO SERVANTS. (See Riots, Street
Lamps.)

NETS. (See Fish )

NEWBURY. (See Lotteries.)

proprietors of meeting-house in the third par-

ish in, empowered to assess pews,

&c., to pay ministerial charges, &c.,

manner of proceeding to raise said tax,

said proprietors empowered also to make

a r;'te for ministerial charges,
renewal of said act

NEWCASTLE.

dii-lrict of, established,

NEWFOUNDLAND, BANKS OF. (See
Fishiry.)

NEW HAMPSHIRE. (See Bills of Public
Credit.)

NEW LISBORN (See Pelham.)

NEVvT SALEM.

made a district,

to join with Sunderland in choice of repre-
sentative, 670

673

670

NEW YORK AND MASSACHUSETTS
BAY.

commissioners appointed to settle the bound-
ary line between 705

NITCHAWOG.

plantation of, made a town by the name of

Petersham, 731

NOBSCUSSET MEADOW. (See Yar-
mouth.)
NON-RESIDSNTS. (See Taxes.)
NORTHAMPTON. (Sec Rei^olves, p. 1144.)
second precinct in, made a district by the name

of Southampton, .... 638
to join with said district in choice of represent-
ative, 633

JXrOSSETT BEACH OR MEADOW. (See

Eastham.)
NOTES. (See Actions.)

NOVA SCOTIA. (See Votes and Orders,
pp. 1149, 1150.)
inhabitants of, sent to this government, act re-
lating to their support by the towns
where they have been disposed of, 887,

918

the general sessions, justices of the peace,

overseers of the poor or selectmen,

to support, &c., said inhabitants,

and render account, . . 887, 918

not to be supported by the towns where they

are sent 917

to bo provided with implements of hus-
bandry, &c 918

act to prevent them from going bej'ond the

limits of the towns, .... 986
selectmen may license, but not for more
than six days, and not for the

Lord's Day 986

NUISANCE. (See Stone-ware.)

OATH. (See Impost, Scalers, Service, Poor
Prisoners, Casks, Excise, Taxes,
Bills of Public Credit)
Foi'in of, of importers. (See the several Im-
post Acts )
of assessors. (See the several Tax Acts.)
affirmation or declaration by Quakers, . 126

OhJSl'K— Continued.

to have same effect as an oath, . . 126
acting contrary to, to be deemed per-
jury, . . . . ' . . .126.
Quakers not to be qualifled as witnesses in

criminal cases without oath, . , 128
or serve on juries, 126

1168

Index.

OATH.— Continued.

or to bear office, &c., .... 126
provision, where one-half or more of the
assessors or collectors are Quakers,
for support of the ministry, &c., . 127
previous proceedings of Quakers made

valid, 127

sail act renewed, - 362

OFFICEKS. (See Fees, Bills of Public Credit,

Oath.)
OIiDTOWN FEBRY. (See Lotteries.)

OVERSEERS. {See Poor, Workhouses, Mm

Scotia.)
OXFORD. (Bee Votes and Orders, p. 1147.)
west part of, made a district by name of

Charlton, 781

to join with said district in choice of represent-
ative 781

OYER AND TERMIIsTER. (See Votes
AND Orders, p. 1144.)
special court of, in the Island of Nantucket,

25, 78, 300

PACKERS. (See Pork.)

of beef, pork, fish, &c., to be appointed, . . 12

duties of, 12,39

allowance to, 12, 39

act relating to, renewed 488

PACKERS OF FISH. (See Casks.)
PAGEANTS. (See Riots.)
PALMER.

district of, established from the plantation in
the county of Hampshire called

the Elbows 599

PAMIT MEADOWS. (^See Truro.)
PAPER. {See Excise.)
PARCHMENT. {See Excise.)
PARENTS. {See Riots.)

PARKER RIVER BRIDGE. {See Lotteries.)
PARLIAMENTARY GRANT. {See
Treasurer ; also Votes and
Orders, p. 1146.)
PARSONAGE LANDS. {See Churches.)
PARTITION.

of lands, may be made on petition to the supe-
rior court, . . . .42, 427
guardians to be appointed for infants, &c., 43, 427
agent to be appointed for absent persons

interested 43, 427

notice to be given by special order, . 43, 427
how new partition may be made, . 43, 427
of lands devised, may be made by judge of

probate 48, 641

notice to be given to all parties, ... 49
appeal to governor and council, ... 49
guardians for minors and agents for ab-

sent persons, 49

act relating to 264

how division to be made, where lands lie in

common, 641

not to be made, where the proportion is un-
certain 641

guardians to be appointed for minors or

persons out of the province, . . 641
warrant of distress to issue against persons re-
fusing to pay charges on, . . 710
superior court to notify persons concerned be-
fore partition 711

act relating to, renewed, 984

PASSENGERS. {See Impost.)
PATENT. {See Stone-ware, Candles.)
PELHAM. (See Votes and Orders, p. 1147.)

New Lisborn incorporated by the name of, . 49
PEMBROKE. (See Votes and Orders, p.
1145.)

PEPPERELL. (See Eesolves, p. 1144.)

district of, established, 652

to join with Groton in choice of represent-
ative, 653

PERJURY. {See Oath.)
PERMIT. {See Contagious Diseases, Excise.)
PERRY. ( See Excise.)

PETERSHAM. (See Votes and Orders,
p. 1147.)

town of, incorporated, 731

PETITIONS TO THE GENERAL
COURT.

act relating to, renewed, 488

PETIT JURORS. {See Jurors.)
PISTOLS. {See Guns.)
PLANK. {See Boards.)
PLANTATIONS. {See Ministers, Taxes,

Palmer.)
PLEADINGS. {See Actions, Excise.)
PLUM ISLAND.

horses, cattle, sheep and swine not to run at
large there, and penalty (renewal
of previous act), . . 181,574,755
setting fires and cutting trees, &c., on, prohib-
ited, 181

PLYMOUTH. (See Votes and Orders, p.
1151.)
act to prevent damage by cattle, horses or

sheep on Plymouth Beach in, . . 428

said act renewed, 869

PLYMOUTH, COUNTY OP. {See Supe-
rior Court of Judicature, Sessions
of the Peace, Inferior Court of Com-
mon Pleas.)
POLLS. {See Valuation, Taxes.)
POOR. {See Workhou.ses, Bills of Public Cred-
it, Nova Scotia, Idle.)

act referring to 37, 264

controversies concerning, to be determined by

the general sessions, ... 37

penalty for not conforming, . . . .37
towns may be assessed on their neglect, . 37

act relating to, renewed 488, 647

sick and infirm persons, not inhabitants of the
province, not to be landed without
consent of the selectmen where

landed, 982

penalty to be to the use of the poor of the

town, 982

POOR PRISONERS FOR DEBT.

act relating to discharge of, upon oath, &c., re-
newed, 182,574,755

Index.

1169

POOB PRISONERS FOR DEBT— Co«-

iinued.

act relating to, 194

act for the case of, 422

to be kept separate from criminals, , 422
form of bond to be given, . . . 423
forfeitures for the creditors, . . . 423
sherilF when not liable for escape of, . 423
PORK. {See Casks, Packers.)
PORK AND BEEF.

to be packed, &c., before exporting, . . . 130
masters of vessels having any aboard to give

certificate to impost officer, . . 130
PORTERS IN BOSTON.

act relating to, renewed 420

POTASH AND PEARLASH. (See Votes
AND Okders, p. 1148.)
act for appointing assay-masters of, . . . 804
none to be exported until assayed, . . . 805
appointment and duties of assay-masters, . 805

compensation of, 806

PRECINCTS. {See Brookfield, Towns.)

to have the same power as towns to choose

officers to fill vacancies, . . . 711
PRISONERS. {See Poor Prisoners.)
PRIVATE BRIDGES. {See Bridges.)
PRIVATEERS. {See Province Snow.)
PRIVATE VtTAYS. {See Ways.)
PRIVILEGE. {See Sione-icare, Candles.)
PRIZES. {See Service ; also Votes and

Orders, p. 1145.)
PROBATE OP "WILLS, &C. {See Excise on
Vellum, t£c.)
act for further regulating the proceedings of the

courts of, 639

executors of wills to account to the judge of

probate 639

proviso in case executor is the residuary legatee, 639
commissioners for insolvent estates to be under

oath, ....... 639

proceedings in case of concealing or embez-
zling 640

provision for appointment of guardians for

minors, 640

witnesses, how cited, . . . . . . 640

Judges of. {See Fees, Partition.)
Registers of. {See Fees, Impost.)

PROBATE RECORDS IN THE COUN-
TY OF SUFFOLK. {See Suf-
folk County.)
PROFANITY. (See Votes and Orders, p.
1145.)

penalty for , 319

proviso relating to soldiers, sailors, Indians

and slaves, 319

form of conviction 319

appeal to general sessions 319

penalty for neglect of duty by justices, con-
stables, &c 320

said act renewed 489

PROPRIETORS OF LANDS, &c. {See
Fences, Ways, Common Lands,
3/inisters.)
PROTESTANT CHURCHES. {See Church-

es.)
PROVINCE SNOW AND OTHER VES-
SELS OF "WAR. {See Im-
post ; also Resolves and Votes
AND Orders, pp. 1144, 1150.)
act to encourage enlistments in, for guarding

the seacoasts 143

officers and company of, allowed such vessels,
goods, &c., as they take from the

French 143

also bounty 143

the same allowed to other vessels of war,
and privateers of the neighboring
governments, with certain limits, 143, 144
PROVINCETO"WN. (See Votes and
Orders, p. 1145.)
inhabitants of, enabled to act for preventing
damage by cattle, &c.,to the harbor
of Cape Cod, .... 117,326
act in additi>.,n to an act relating to Cape Cod

Harbor, 210

pound to be kept, &c., 210

constable to make search for horses, &c., . 210

what cattle may feed there 210

forfeiture for cutting, &c., trees, poles or

brush 210

PROVINCETO"WN LAND.

acts to prevent injury to Cape Cod Harbor, by
cattle and horses feeding on, re-
newed 984

QUABIN.

plantation of, made a town by the name of

Greenwich

QUAKERS. {See Oath, Service.)

730

QUAKERS— Cora^ewwec^.

act to exempt, from taxes for support of minis-
ters, renewed 362

act to subject, to assessment for defence of the

province in lieu of personal service, 915

BAINSFORD'S ISLAND. {See Contagious

diseases.)
RATABLE ESTATE. {SeeValuation,Taxes.)
BATES, {See Taxes.)

147

REAL ESTATE. {See Indians.)
RECORDS, PRESERVATION OP. (See

Votes and Orders, p. 1145.)
REFERENCES. (<S'«e Witnesses.)

1170

IlTDEX.

BEGISTERS OF DEEDS. {See Fees.)
KEIilGIOUS "WORSHIP. {See Church of

England, Churches, Ministers.)
REPRESENTATIVES. {See General Court.)
RETAILERS. {See Excise.)
REVERSAL OP JUDGMENTS, {See Ac

tions.)
REVIEW. {See Actions.)

RHODE ISLAND. {See Bills of Public Credit.)
RIGGERS. {See Fire.)

RIOTS AND TUMULTUOUS ASSEM-
BLIES. (See Votes and
Orders, p. 1146.)

acts relating to 544, 647, 679, 997

officers to make proclamation when persons are

riotously assembled, . . . 545

form of the pi-oclamation 545

if such persons do not then disperse, the

officers to seize them, &c., . . 545

RIOTS, SiC— Continued.

penalty for disobedience 546

persons disguised with vizards, or armed and
going about with imagery, pageants,

&c., fined, 648, 997

Indian or negro servants to be punished by

whipping, 648,997

bonfires in streets, &c., forbidden, . . 648,997
masters and parents liable for their servants

and children 648, 998

ROBBERY. {See Fire.)
ROYAL NAVY. {See Trees.)
RUM. {See Excise, Imposts, Casks.)
RUTLAND. (See Votes and Orders, p. 1147.)
the northwesterly part of, made a district by the

name of Rutland District, . . 654
to join with said district in choice of represent-

ative, 654

RUTLAND DISTRICT. {See Butland.)

SABBATH. {See Lord's Bay.)
SAILMAKERS. {See Fire.)
SAILORS. ( .'^fe Service, Profanity.)
SALARY. {See Governor.)
SALEM.

the village and middle parishes in, made a dis-
trict by the name of Danvers, . . 598
said district to join with Salem in choice of

representative, 599

Salem to fill fil their agreement with said dis-
trict 599

First Parisli in, proprietors of the meeting-
house in, empowered to assess
pews, &c., to pay ministerial

charges, &c. 604

manner of proceeding to raise said tax, 604

renewal of said act, 800

the proprietors of the meeting-house in, em-
powered to tax pews for ministerial

charges, &c 705

pews to be valued and assessed, . . 706
collectors to be appointed, . . . 706

said act continued 987

and Beverly, precinct of, that part of, which
is part of Salem, set off to the town

of Beverly 704

SANDWICH. (See Votes and Orders, p.
1151.)
act for preventing destruction of alewives in Her-
ring River, in, . . . 259, 722, 1040

said act renewed, 447

manner of prosecution, 723

SANDY-NECK MEADOW. {See Barn.

stable.)
SCALPS. (See Votes and Orders, p.

1145.)
SCHOOLMASTER, {See Grafton.)
SCIRE PACI AS. {See Actions.)
SCITUATE.

act to prevent damage to beaches, &c., in, by

cattle, &c., and by cutting trees, 485, 546,

868
SEAOOAST. {See Province Snow.)

SEALERS OP WEIGHTS AND MEA-
SURES.

may be sworn by any justice of the peace, or

town clerk, 137

fees of, 137

SEAMEN. {See Service, Profanity.)
SECRETARY. {See Fees.)
SEINES. {See Fish)

SELECTMEN. {See Contagious Diseases,
Taxes, Tonnage, Ways, Towns,
Ifova Scotia.)
SERVANTS. {See Service, Biots, Street

Lamps.)
SERVICE. {See Appropriations, Militia,
Castle William, Kantucket, Louis-
burg, Crown Point; also Re-
solves AND Votes and Orders,
pp. 1144, 1145, 1148, 1149, 1150, 1151.)
wages of persons in, established, 22, 75, 76, 77, I'-S,
206, 241, 242, 295, 296, 297, 370, 371
Military, acts relating to, . 144, 324, 417, 734
soldiers, how to be detached and im-
pressed, .... 144, 417, 734
duties of chief officers of regiment, com-
pany, &c., . . 144, 146, 146, 417, 734
all persons to assist in impressing, &c., 145, 417,

735
penalty for exacting reward for exemption, 145,

417, 734, 735
fines, how applied, , . . 145, 417, 735
duty of persons impressed, 145, 325, 418, 735

persons paying fine exempt, . 145,418,736

penalty for escape from the impress, 145, 325,

418, 736
penalty for aiding escape, . . 146, 419, 736

officers exchanging soldiers for gain, 146,

419, 736
persons impressing, to transmit a list, 146, 419,

736
masters to receive wages of servants im-
pressed 146, 419, 736

wounded soldiers or seamen to be re-
lieved by the public,. . 146, 419, 736

Index.

1171

SERVICE— Continued.

arms and ammunition, how supplied, 146, 419,

737
soldiers, mariners, and sailors in, to be exempt

from action or arrest for debt, 147, 290,

bow discharged from arrest, . 147, 291, 737

exempt from arrest for taxes, . . . SOS
persons impressed, &c., not to be arrested for

less than £20, &c., . . 147, 291. 737
pawning of arms, &c., how punished, 147, 291, 737,

1047
debts by any soldier or mariner for liquor, to be

void 147, 291, 738

mutiny and desertion, act for punishing, 171, 753,

874
courts-martial to be called, . . . 171, 754
constitution and powers of said court, and

form of oath of its oflicera, 171, 172, 754
sentence of death, how it may be given and

executed, 172, 754

renewal of said act 327

volunteers for expedition against Cape Breton,

not to be arrested for debt, . . 194
■wages of soldiers and mariners, act to regulate, 211
certificate to be produced before payment, 211
of minors and servants, payment of, regu-
lated 211, 212, 326

acts for levying soldiers for the expedition

against Crown Point, . . 872, 923
provision for mustering the companies, 872, 923
fine for non-appearance, or not serving, . 923
act to prevent desertion in the expedition

against Crown Point, . . 874, 930
persons lending the province £1,000, to be ex-
empt from service, .... 924
His majesty's, act for levying men for,
from the regiments of horse and

foot 1024

time for paying the bounty, . . . 1024

general muster, 1024

fine for not serving, .... 1025

penalty against Quakers not serving, . 1025
power to ofliccrs to issue warrants, . 1026
lists of persons enlisted to be trans.

mitted 1026

act to prevent the desertion of soldiers, . 1047
deserters to bo apprehended and com-
mitted to jail, 1047

reward for apprehending, . .. . 1047

penalty for harboring, &c 1047

provision to prevent the loss of arms, 1047,

1048
act to encourage the enlistment of seamen

in the war with France, . . . 1050
officers and ship's company to have sole
interest in ships, &c., captured
from the French, .... 1050
SESSIONS OF THE PEACE, GETT-
ERAL. ( See Fees, Excise, Jurors,
Poor, Bridges, Ipswich, Fish, Tax-
es, Ways, Indians, Taunton, Pro-
fanity, Casks, Ministers, Ferries,
Nova Scotia; also Votes and
Orders, p. 1146.)
Times and places for holding: (See Votes
AND Orders, p. 1151.)

In Barnstable 64, 726

also Votes and Orders, p. . . 1147

SESSIONS OF THE PEACE, QrEN-

'E^KJj— Continued.

in Bristol, 64, 313

also Votes and Orders, p. . . 1147

in Dukes, 64

in Esses, 64

in Hampshire, 26

in Middlesex 64, 567

in Nantucket, 64, 568

in Plymouth 64, 726

in Suffolk 64

in Worcester 64

in York, 64, 726

SET-OFF. {See Actions.)

SETUCKET MEADOW. {See Harwich.)

SEWERS. (See Drains.)

ComiQissioners of, empowered to open
flood-gates and passages in and
about mill-dams, to drain the

meadows, &c-, 263

owners of mill-dams to be allowed dam-
ages 263

penalty for hindering commissioners, . . 263
commissioners enabled to erect dams, . 264

said act renewed, 574, 755

SHAWSHIN. (See Harvard College.)
SHEEP. (See Dogs, Eastham, Plum Island,
Plymouth, Biddeford, Scituate,
Yarmouth, Ilaricich.)
going at large between March 15 and October 31, 550
towns may give liberty to go at large till

Mnyl, 550

and goats, act relating to, renewed, . . . 420
act in addition to an act relating to, . . 603
towns may give liberty for, to go at

large 503

SHEEPSCOT. (See Votes and Orders, p.
1147.)
plantation made a district by the name of New-
castle, 673

SHERBORN. (See Dogs, Taxes.)
SHERBURNE. (See Dogs, Taxes ; also

Votes and Orders, p. 1150.)
SHERIFF. (See Fees, Actions, General Court,
Taxes, Poor Prisoners, Crown
Point.)
SHINGLES. (See Boards.)
SHIPS. (See Impost, Tonnage, Vessels.)
SHIP-TIMBER. (See Trees.)
SHIRE-TOWNS. (See Taunton.)
SHIRLEY. (See Resolves, p. 1144.)

district of, established from southwest part

of Groton 637

to join with Groton i:i choice of representative, 637
SHORES. (See Drains.)
SICK AND INFIRM PERSONS. (See

Poor. )
SICKNESS. (See Contagious Diseases.)
SILVER COIN. (See Counterfeiting ; also
Votes and Orders, p. 1146.)
value of, regulated, . 430-4-)!, 4S1, 493, 494, 555
SKEKET MEADOW. (See Harwich.)
SLAVES. (See Excise, Profanity, Riots, Street

Lamx)s.)
SLUICES. (See Fish.)
SMALL-POX. (See Contagious Diseases.)
SNUFF. (See Excise.)
SOLDIERS. (See Service, Profanity.)
SOUTHAMPTON. (See Resolves, p. 1144.)

1172

Index.

SOTJT'RAMFTON— Continued.

district of, established from the second pre-

cinct in Northampton, . . . 638
to join with Northampton in choice of repre-

^ sentative, 638

SOUTH HADLEY.

district of, established 655

to join -with Hadley in choice of represent-
ative '655

SPEKTCEK.

district of, established, 653

to join with Leicester in choice of representa-
tive 654

SPEIXTDTHRIFTS. {See Workhouses.)
SPIRITS. (See Import, Excise.)
STAGE PLAYS AIsTD THEATRICAIj
EWTERTAINMEWTS.

act to prevent, 500

penalty for letting any house for stage

plays, &c., 500

actors and spectators, 500

said act renewed 869

STAMPS. {See Excise.)
STAVES. {See Boards.)
STONE-^VARE. (See Votes and Orders,
p. 1144.)
sole right of making, granted, ... 41, 42
other buildings for that purpose a common

nuisance, 42

STOUGHTOKT.

Assessors of, for the year 1751, to make a

new assessment, .... 617
proceedings thereupon, .... 617

rules for the collectors, 617

first and third parishes to conform to the

same rule, 617

STOTV.

Proprietors of, enabled to hold meetings

and raise money by assessment, . . 720
STREET LAMPS.

act to prevent the breaking of, or the extin-
guishing the light of, ... 645
Indian or negro servants to be punished by

whipping, 646

STROUT'S MEADCW. {See Truro.)

SUFFOLK, COUNTY OF. {See Inferior

Court of Common Pleas, Superior

Court of Judicature, Sessions of

the Peace, Excise.)

probate records in, act authorizing John Payne

to attest, 760

SUGAR. {See Impost.)

SUMMONS, PENALTY FOR NOT

SERVING. {See Fees.)
SUNCOOK. (See Votes and Orders, pp.
1145, 1146.)
act enabling the proprietors of, to raise money

to support their minister, . 372, 679
SUNDAY. {See Lord's Day.)
SUNDERLAND.

to join with the district of New Salem in choice

of representative 670

the north parish in, made a district by the name

of Montague 713

to join with said district in choice of repre-
sentative, 713

SUPERIOR COURT OF JUDICATURE.
{S^e Fees, Partition, Taunton;
also Resolves and Votes and
Orders, pp. 1144, 1146.)
Court of Assize, and general gaol delivery,
times and places of holding: (See
Votes ajjp Orders, p. 1151.)
in Barnstable (and Dukes), . 65,651,999,1050
in Bristol, ... 65, 313, 382, 651, 999
also Votes and Orders, p. . . . 1151

in Essex 64, 269, 382, 726

in Hampshire, . . ... .65, 616

in Middlesex, ... ^ ... 64
in Plymouth, .... 65, 651, 999, 1050

in Suffolk 64

in Worcester, 65, 616

in York, 65, 269, 726

empowered to proceed to the trial of sundry

criminals in Suffolk 265

jurors, how summoned 265

may be held at other times by order of gov-
ernor and council, . . . 537, 538
SUPPLY OF THE TREASURY. {See
mils of Public Credit, Treasurer,
Appropriations.)
SURVEYORS. {See Boards, Ways.)
SWANSEY. {See Taxes, Lotteries.)
S'WINE. {See Plum Island, Barnstable, Tar-
mouth, narwich.)

act for better regulation of, 337

not to go at large, 337

how impounded 337

to be yoked and ringed 337

dimensions of yoke 337

hogreeves, how chosen, and their duties, . . 338
power of towns to grant liberty for, limited, . 517

TAUNTON. {See Dighton ; also Votes and
Orders, p. 1150.)

made the shire town in the county of Bristol,

instead of the town of Bristol, . 313

the superior court of judicature, &c., the gen-
eral sessions and Inferior court
heretofore kept at Bristol, to be
kept at, 313

actions depending, to be heard and tried at, . 313

records, &c., of said courts and of the probate
court and register of deeds and of
the county, to he removed to, . . 313

prisoners to be removed to 814

TAVERNERS. {See Excise.)
TAVERNS. {See Excise.)
TAXES, MINISTERIAL. {See Church of
England, Boston, Salem, Newbury,
Stoughton, Churc/ies.)
Province. {See Tonnage, Treasurer of the
Province, Stoughton, Valuation,
Quakers, Anabaptists ; also Re-
solves and Votes and Orders,
pp. 1144, 1145, 1146, 1147, 1149, 1150.)
acts for apportioning and assessing, 33, 60, 86,
156, 223, 265, 346, 389, 582, 625, 684, 764,
848, 875, 967, 088

Index.

1173

TASE8— Continued.

granted, 9, 10, 31, 33, 113, 114, 150, 191, 192, 200,
204, 246, 249, 250, 255, 261, 293, 294, 298,
302, 310, 315, 316, 323, 335, 358, 377, 381,
409, 410, 431, 491, 514, 532, 543, 601, 719,
733, 791, 801, 812, 813, 863, 833, 894, 896,
900, 931, 980, 994, 1023, 1049
payable in certain species and commodities, 10,
32, 63, 114, 115, 151, 168, 192, 201, 205,
247, 250, 256, 262, 290, 294, 299, 303, ^11,
316, 323, 336, 358, 378, 381, 410, 492
on unimproved lands, how assessed and col-
lected 251, 252, 646

Collectors of, negligent. Low proceeded

against 107, 679

perfetons refusing to pay, to be committed by

assessors, 988

apportioned, . 33, 50, 86, 156, 224, 280, 346, 390, 583,

625, 684, 719, 733, 765, 792, 801, 812, 813,

848, 863, 875, 883, 895, 896, 900, 931, 967,

981, 994, 1023, 1049

rules for assessing, 98,|f66, 233, 265, 266, 288, 354,

400, 592, 633, 693, 774, 857, 879, 976, 981

province treasurer to issue liis warrants to

selectmen, &c., 98, 166, 233, 288, 354, 400,

592, 633, 693, 774, 857, 879, 883, 976, 981

selectmen, &c., to return certificate, 98, 106, 233, 288,

' 354, 400, 592, 633, 693, 774, 857, 976

treasurer to issue warrants to collectors, &c., 99, 167,

234, 289, 355, 401, 593, 634, 694, 775, 858,

977
assessors to notify inhabitants to bring in lists,

&c., 99, 167, 234, 289, 355, 401, 593, 634,

694, 775, 858, 977
how to proceed in default of such list, 99, 167,

234, 289, 355, 401, 593, 634, 694, 775, 858,

977
penalty for false list, 99, 167, 234, 289, 355, 401,
593, 634, 694, 775, 858, 977
appeal to court of sessions, 99, 167, 234, 289,
355, 401, 593, 634, 694, 775, 858, 977
lists to be a rule unless the person is im-
peached, 99, 167, 234, 289, 355, 401, 593,
634, 694, 775, 858, 977
transient traders to be rated, 62, 99, 168, 235, 289,
355, 401, 593, 634, 694, 775, 858, 977
merchants residing in one town and trading in

another, how rated, 63, 100, 168, 235,

695, 776, 859, 978
how payable, 100, 356, 402, 594, 602, 635, 695, 776,

859

inhabitants of Natick assessed £25 by the asses-
sors of Sherborn, . . . 168, 234

sheriffs empowered to collect where towns neg-
lect, 265

treasurer to send certificate to clerk of the gen-
eral sessions of the county, . . 266

not to be collected in that part of Bristol, Little
Compton, Swanscy, Tiverton and
Barrington now within the colony
of Rhode Island, . . . 356, 402

act to enable inhabitants of new plantations to

assess, levy and collect, . . . 565

inhabitants of Boston removing for a time to
avoid, to be taxed as if they had
not removed, .... 978, 985
TIjA. (See Excise.)

TENANTS IN COMMON. (See Coparcen-
era, Partition, of Lands.)

TETTICUT.

precinct of, authorized to set up a lottery to

build a bridge over Tetticut Puver, 861
THEATBICAIi ENTERTAINMENTS.

(See Stage Plays.)
THREATENING LETTERS TO EX-
TORT MONEY. (SeE Votes
AND Orders, p. 1146.)
penalty for sending, &c., .... 479, 647
TIDE-MILLS. (See Mills.)
TIMBER. (See Trees, Boards, Woods.)
TIVERTON. (See Taxes.)
TONNAGE. (See Impost, Lighthouse.)

on shipping, act for granting a duty of, . . 202

how measured and taken 203

naval officer not to clear until the duty is

paid, 203

fishing and coasting vessels, selectmen or
assessors to assess tax on, and com-
mit the same to the collectors, . 203
said assessors to transmit lists, and treas-
urer to issue warrants, . . . 203
act for granting a duty of, discontinued, . 516
TOWN CLERKS, (See Sealers.)
TOWNS. (See Poor, Taxes, Workhouses,
Woods, Fire, Taunton, Sheep and
Goats, Swine, Sheep, Contagious
Piseases, Districts, Horses, Pre-
cincts, J^ova Scotia, Fish, Valua-
tion.)
or Townships, act for regulating, ... 47
qualifications of voters, . . . . 47, 48
moderator to determine disputes by the last

list 47

valuation lists, 47

moderator not to permit unqualified per-
sons to vote, &c, .... 48
penalty for putting in more than one vote, . 48

renewal of said act 326, 984

act in addition to said act, .... 1029
provision in case person chosen constable

refuses to serve, .... 1029
by whom town, district or precinct officers

may be sworn, 1029

Incorporated. (See Districts, Precincts.)

Dighton, 215

Greenwich, , 730

Lincoln, 728

Pelham 49

Petersham 731

TOWN TREASURERS. (See Linen.)
TRAITOROUS CORRESPONDENCE.
(See Louisburg.)
by letters or otherwise, with the French or In-
dians, forbidden on pain of death, 152

301
departing the province with intent to reside, &c.,
with the enemy, forbidden on pain

of death 152, 301

venue for such offences committed out of the

province 153, 301

act of parliament of the 7th of William III. may

be pleaded 153, 301

TREASON. (See Traitorous Correspondence.)
TREASURER. (See Taxes, Tonnage.)
Of the Province. (See Loans, Agents.)

empowered to borrow £5,000, , . . 513
" " 4,000, . , .631

" " 4,545, . . .693

1174

Index.

THEASU'RE'R— Continued.

empowered

to borrow £5,000,

5,300,

" 2,114,

" 23,000,

717
732
757
790

" 6,000,
" 5,000,
" 50,000,
" 5,000,
" 40,000,
" 20,000,

800
812
861
883
893
896

" 11,000,
" 10,000,
" 58,000,

898
930
979

" 7,000,

994

" 35,000,
" 2,000,

1023
1031

" 12,000,

1048

form of

receipt therefor.

513

531,

718,

733,

757,

790, 800, 804, 812,

2, 883

894

896,

899, 925, 931, 979, 994, ]

023,

1031,

1048

appropr

iations of the mo

ley

, 513,

514

531,

532,

595, 717, 732, 757,

1, 862

894

899,

931,

980,

1048

duty of

impost, excise or taxe

s made a

fund to secure the same, 5

4,532

,719

733,

757,

791, 812, 863, 883,

89J

, 896

900,

931,

980, 1

023,

1031,

1049

to redeem bills of credit with coin

718

to burn the bills received.

718

act confirming the proceedings

649

to give notee

with interest on t

v&r

rants.

790

TTiEASITREB,— Continued.

the money granted in Great Britain to

be applied to discharge the same, 895, 897,
931, 1049
TREES. {See Plum Island, Provineetown, Scit-
uate.)
"White-Pine, act for preventing the destruc-
tion of, and preserving them for the
use of the royal navy, . . . 116
workmen employed by the king's license

not to be molested 116

renewal of said act, .... 326, 984
TRUCKMASTERS AN"D TRUCK-
HOUSES. {See l7idians.)
TRURO.

cattle and horses not to be turned on the beaches
or meadows at Eastern-Harbor
Meadows in, . . , . . . 209
proprietors of land there, and at the Cape, to
fence in their cattle from passing
east of the west part of Strout's

Meadow, .; 209

and proprietors of said meadows, with the
proprietors of Truro, &c., to fence
in horses and cattle from passing
west of the east end of Eastern.

Harbor Meadows 210

said act renewed, 516, 869

cattle and horses not to be turned on Pamit

Meadows in 740

TUMULTUOUS ASSEMBLIES. {See
Riots.)

UNIMPROVED LANDS. {See Taxes.)
USURY.

act to prevent excessive

penalty for taking more than six per cent..

499
499

JJ^JJB.Y— Continued.

proof of, 499

said act renewed, 869

VALUATION. {See Towns; a^so Votes and
Orders, p. 1151.)

of taxable property 425,928,1051

number of polls, &c., to be returned, 425, 928, 1051
form of assessor's oath, . . . 426,929,1052
penalty for assessors refusing, &c,. 426, 929, 1052
lists to be transmitted to the secretary's office, 426,

929, 1052
act in addition to said act 978

VELLUM. {See Excise.)

VENUE. {See Traitorous Correspondence.)

VESSELS. {See Impost, Boards, Pork, Prov-
ince Snoic, Ships, Embargo, Louis-
burg, Poor, FisJiery.)

VIZARDS. {See Riots.)

VOTERS. {See Towns.)

"WARRANTS, PENALTY FOR NOT

SERVING. {See Fees.)
"Waste. {See coparceners. Actions.)
■WATERTO"WN. {See Fish.)
"WAYS. (See Votes and Orders, p. 1147.)
private, act to enable proprietors of, &c., to or-
der their being repaired, . . 117, 321
proprietors' meeting, how called, . . 117, 321

'WA.YS— Continued.

appointment of surveyor, . . . 117,321
common roads and private ways in new planta-
tions (renewal of previous act), 182, 574,

755
private, selectmen, or, in case of refusal, the
general sessions, authorized to lay
out 306

IlSTDEX.

1175

"WATS— Con tin ued.

acts relating to, renewed 489

highways or common roads to be laid out by a
committee appointed by the general

sessions 1001

appeal to the court of general sessions, . 1001
in such case the case may be determined by

a jury, 1002

■WEIGHTS.- {See Sealers.)
WENHAM. (See Votes and Orders, p.
1148.)
Great Swamp in Ipswich and, act to preserve

the wood, &c., in, . . , . 799
proprietors' meeting, how called, &c., . 799
■WESTON.

northerly part of, &c., made a town by the

name of Lincoln, .... 728
■WEYMOUTH, INHABITAISTTS OF.
{See Castle William.)
enabled to regulate the taking and disposing
of shad and alewives within said
town (at Whitman's Pond and

Great Tond), 66

penalty for not conforming to their order, . 66
provision made for the neighboring towns, 66

said act renewed 488

"WHIPPIISrG. {See Riots, Street Lamps.)
■WHITE-PIOTE THEES. {See Trees.)
■WHITMAN'S POND. {See Weymouth.)
■WILDCATS.

bounty for killing and how paid, . 243, 244, 516
■WILD PO"WL.

act to prevent the destruction of, by floats

trimmed, &c., .... 359, 646
"WILLS. {See Partition, Indians, Excise on

Vellum, tfic.)
"WINES. {See Excise, Impost.)
■WINNISIMMET. {See Ferries.)
■WINTEB-HARBOB BEACH. {See Bid-

deford.)
"WITNESSES. {See Evidence, Probate of
Wills, Actions.)
may be summoned by justices of the peace in

arbitrations, references, &c., . . 132

"WITNESSES— Co«.«n?<«^.

penalty for refusing to give evidence, . . 132
going abroad, how to be sworn, .... 132
"WOLVES.

act to encourage the killing of, . . . 243, 706
reward or bounty for killing, . . 243, 706

oath to bo made 244

Indians entitled to 244

said act I'cnewed 516

"WO OD S . {See Ipsw ich . )

act to prevent firing the, . . 40, 264, 647, 682
the town or proprietors may give order for

firing 41, 682

evidence to convict of firing, . 41, 682, 683
penalty for firing lands lying in common, . 683
■WORCESTER, COUNT"? OF. {See Su-
perior Court of Judicature, Ses-
sions of the Peace, Inferior Court
of Common Pleas.

certain lands annexed to, 656

"WORKHOUSES FOR IDLE AND IN-
DIGENT. {See Idle.)
any town or two or more towns may erect, . 108
Overseers of, how chosen and duties of, . 108
to bold quarterly meetings, .... 109
may choose moderator, clerk, &c., . . 109
may make orders and by-laws, . . . 109
empowered to commit persons thereto, . 109
Master of, &c., .... 108, 109, 110

his duties, 110

allowance for his service, .... Ill
class of persons liable to be committed, . . 110

penalty on towns for neglect 110

each town chargeable for such as they com-

mit 110

persons committed to, how discharged, . . 110
persons committed to, regulations concerning, 110,

111

how discontinued, Ill

this act not to abridge privilege of the town of
Boston or the overseers of the poor

of said town, Ill

"WRITS. {See Actions, Pees, Essex County,
Excise on Vellum, &c.)

YARMOUTH.

act to prevent damage on Nobscusset Meadow
in, by cattle, &c., ....

renewal of said act

YOKE. {See Swine.)

YORK, COUNTY OF. {See Bogs, Superior
Court of Judicature, Sessions of
the Peace, Inferior Court of Com-
mon Pleas.)
certain lands annexed to, 656

0'"'

lii

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